Consumer complaint received 2025-11-25 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: SANTANDER HOLDINGS USA, INC.
State: TX

Complaint narrative:
Chrysler Capital Failed to Properly Investigate Subject : Chrysler Capital Account # XXXX Rebuttal to Case ID : XXXX I am submitting this rebuttal because Chrysler Capitals response is incomplete, inaccurate, and fails to address the issues raised in my complaint. Chrysler has not complied with its obligations under FCRA 1681e ( b ), 1681i, and 623, nor its validation obligations under FDCPA.

After reviewing their response, it is clear that Chrysler Capital did not conduct a reasonable investigation and is reporting false information regarding my auto loan account.

1. Chrysler is reporting late payments and a charge-off after the vehicle was a total loss, which is illegal and factually impossible. 

My vehicle was declared a total loss on XX/XX/2025. 


In Chryslers own CFPB response ( page XXXX ), they confirm that insurance paid {$7000.00} on XX/XX/2025 toward the account. 


Once a vehicle is totaled and a claim is active, the balance is not the consumers responsibility until the claim is finalized. 

Yet Chrysler Capital reported : 30-day late 60-day late 90-day late 120-day late Charge-off Deficiency of {$3300.00} These are false, because no deficiency balance legally exists until after insurance and GAP finish paying.

This violates : FCRA 1681e ( b ) ( maximum possible accuracy ) FCRA 623 ( a ) ( 1 ) ( furnishers may not report inaccurate information ) FCRA 1681i ( failure to properly reinvestigate ) Chrysler Capital can not legally report delinquency on an amount I do not owe during an open insurance and GAP claim.

2. GAP claim WAS filed and active Chryslers response is factually incorrect.

Chryslers CFPB response falsely states that the GAP claim was not filed timely.

This is disproven by my GAP claim documentation ( uploaded separately ), which shows : GAP claim opened XX/XX/2025 Documents received by GAP on XX/XX/2025 Settlement in process GAP administrator requesting clarification from the dealership ( GAP checklist screenshot attached in my complaint ) These documents clearly show the GAP claim was filed and under review.

Chrysler Capitals claim that GAP was not filed is factually wrong and shows they did not review the provided evidence, violating FCRA requirements for a reasonable investigation.

3. Chrysler failed to provide ANY proof of a valid deficiency balance.

Chrysler did NOT provide : A deficiency calculation Insurance settlement breakdown GAP coverage application Documentation proving I legally owe {$3300.00} Their entire CFPB response contains no calculation or supporting documents showing how they arrived at this alleged balance. 

Charging off and reporting a deficiency balance without validating it violates : FCRA 623 ( b ) ( duty to investigate disputes ) FCRA 1681i ( CRA investigation dependency ) FDCPA 809 ( validation of debt ) Their response is incomplete and not legally compliant.

4. Chrysler failed to provide the required Method of Verification.

Under FCRA 1681i ( a ) ( 6 ) ( B ) ( iii ), I am entitled to : The name of the individual they contacted The documentation they reviewed The specific method used to verify accuracy Chryslers CFPB response provides none of these, which is a direct violation.

They simply restated the balance without validating it.

This is not a reasonable investigation.

5. Requested Corrective Action Due to Chryslers failure to properly investigate, and the proven inaccuracies in their reporting, I am requesting the following : Remove all late payments ( 30/60/90/120-day delinquencies ) These were reported after the total loss date and are factually impossible.

Remove the charge-off & deficiency balance No validated deficiency exists.

Correct the tradeline to reflect : Closed Paid or Settled {$0.00} balance Total loss insurance claim or Delete the tradeline entirely if Chrysler can not provide verified and accurate documentation.

6. Summary Chrysler Capitals investigation was : Incomplete Factually incorrect Lacking required documentation Legally non-compliant under the FCRA I request further CFPB intervention and correction of my credit reports. 

Thank you.

Company response to consumer: Closed with explanation