Consumer complaint received 2026-04-27 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: SANTANDER HOLDINGS USA, INC.
State: TN

Complaint narrative:
Santander Consumer USA Inc. is reporting an auto loan account on my XXXX credit report under account number XXXX, opened XX/XX/XXXX, with a charged-off status as of XX/XX/XXXX. The account shows an original balance of {$18000.00}, a charge-off amount of {$12000.00}, and a reported deficiency balance of {$14000.00} past due. The vehicle was repossessed by Santander.I am filing this complaint regarding three issues : ( 1 ) the unverified deficiency balance being reported following repossession, ( 2 ) Santander 's failure to provide me notice or review my account under the XXXX multistate Attorney General settlement, and ( 3 ) Santander 's compliance ( or lack of compliance ) with Tennessee UCC notice and disposition requirements following the repossession of my vehicle.On the deficiency balance : I have never been provided an itemized accounting showing how the reported balance of {$14000.00} was calculated. I have not received documentation showing the sale price obtained at the post-repossession disposition of the vehicle, the application of sale proceeds to the loan balance, or any fees or charges added after charge-off. The reported deficiency balance is therefore unsubstantiated.On Tennessee UCC compliance : Tennessee law ( T.C.A. 47-9-611, 47-9-614, 47-9-616 ) requires a secured creditor to provide specific pre-sale and post-sale notices following repossession. I am requesting that Santander produce copies of all such notices it contends were sent to me, with proof of mailing. Under Tennessee law, a creditor 's failure to comply with these notice requirements can forfeit the right to collect a deficiency.On the XXXX multistate settlement : On XX/XX/XXXX, Santander Consumer USA entered into a settlement with 33 state Attorneys General and the District of Columbia, including the Tennessee Attorney General, resolving allegations that Santander violated consumer protection laws by exposing subprime consumers to unnecessarily high levels of risk and engaging in deceptive servicing practices. The settlement provided approximately {$550.00} XXXX in consumer relief, including {$430.00} XXXX in deficiency forgiveness for accounts still owned by Santander and additional deficiency waivers for accounts Santander no longer owned but was required to attempt to buy back. The settlement also required Santander to request deletion of negative credit reporting for consumers receiving relief.My loan was originated in XX/XX/XXXX, well within the settlement 's covered loan window, and I am a Tennessee consumer. However, I never received any notice from Santander Consumer USA or the settlement claims administrator advising me that my account was being reviewed for eligibility, that my account had been determined ineligible, or that I had any rights under the settlement framework. I was effectively excluded from the review process without any communication. I am requesting that Santander confirm whether my account was reviewed under the settlement framework, the specific findings of any such review, and produce all notices Santander contends were sent to me along with proof of mailing.Additionally, my retail installment sale contract with Santander Consumer USA contains a binding arbitration clause requiring disputes to be resolved through individual arbitration before XXXX or XXXX. I hereby formally invoke that arbitration clause and demand that any unresolved dispute regarding this account, including the accuracy of the deficiency balance, the application of the XXXX multistate settlement, compliance with Tennessee UCC requirements, and the credit reporting of this account, be resolved through individual arbitration. If this matter is not resolved through this CFPB complaint, I intend to file a Demand for Arbitration with the appropriate forum.The resolution I am requesting is : ( 1 ) production of the complete account file, including the original retail installment contract, full payment history, repossession documentation, all UCC Article 9 notices with proof of mailing, the disposition/sale records, and the itemized deficiency calculation ; ( 2 ) a written response addressing whether my account was reviewed under the XXXX multistate settlement and the findings of any such review; ( 3 ) deletion of the Santander Consumer USA tradeline from XXXX, XXXX, and XXXX if any of the following are found : the account would have qualified for settlement relief had it been properly reviewed, Santander failed to comply with Tennessee UCC notice requirements following repossession, or the deficiency balance can not be substantiated with itemized documentation ; or ( 4 ) in the alternative, settlement of the reported balance accompanied by deletion of the tradeline, in lieu of arbitration.

Company response to consumer: Closed with non-monetary relief