Consumer complaint received 2024-12-18 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Indicated you were committing crime by not paying debt
Company: SANTANDER HOLDINGS USA, INC.
State: AL

Complaint narrative:
Subject : Formal Complaint Regarding Repossession of My XXXX XXXX XXXX and Theft of Securities Dear XXXX, I am writing to express my deep concern and frustration regarding the ongoing mishandling of my account by Santander Consumer USA XXXX I am compelled to highlight several unresolved issues and to formally notify you of the unlawful repossession of my XXXX XXXX XXXX, as well as the theft of securities I presented for payment. 

Background of Correspondence : XX/XX/XXXX : I sent a letter via mail to Santander Consumer USA. 
XX/XX/XXXX : I contacted XXXX XXXX XXXX at XXXX XXXX by mail, notifying him of my intent to revoke the Power of Attorney ( POA ) related to my XXXX XXXX XXXX contract. I also presented XXXX XXXX with a security for payment, which has yet to be addressed or returned. 
XX/XX/XXXX : I reached out to XXXX XXXX XXXX via mail to inform him of my revocation of POA and to amend my contract to revoke the right to repossess my vehicle. 
XX/XX/XXXX : I contacted XXXX XXXX again via mail and received no response, other than an automated reply from a Bot. 
XX/XX/XXXX : I also contacted XXXX XXXX XXXX XXXX, expressing my concerns and requesting information on the status of my securities and the discharge of my current debt. Again, no reply was received. 
XX/XX/XXXX : I followed up with XXXX XXXX, but once more received no response. 
XX/XX/XXXX : I contacted another executive team member to formally revoke my POA. No reply was received. 
XX/XX/XXXX : I reached out to XXXX XXXX XXXX, once again expecting a response regarding the revocation of my POA and the security interest related to my vehicle. No response was provided. 
Repossession of My XXXX XXXX XXXX : On XX/XX/XXXX, a representative from Santander Consumer USA retrieved my XXXX XXXX XXXX from the Professional Paint and Body facility where it had been stored. The facility sent out a notice of abandonment, and Santander Consumer USA responded by paying the associated fees. I confirmed that the vehicle was taken by calling the facility on the same day. Despite this, I have not received any formal notice of repossession from Santander Consumer USA. 

I have repeatedly informed various members of the executive team not to repossess my vehicle, but they proceeded with the repossession anyway, claiming a legal right to do so. I maintain that, after securitization, Santander no longer owns my vehicle and therefore does not have the legal right to repossess it. 

Theft of Securities : I am formally notifying Santander Consumer USA, the Consumer Financial Protection Bureau ( CFPB ), and the public that Santander has unlawfully taken my XXXX XXXX XXXX. I revoked the POA in XX/XX/XXXX and notified several members of Santanders executive team. Santander has no legal right to my vehicle due to the following reasons : After securitization, Santander no longer holds ownership of the vehicle.

There is no state-level lien on my vehicle in either Alabama or Delaware. 
I hold the XXXX on my title, as I am the beneficial owner of the vehicle. 
Furthermore, I have repeatedly requested the return of the securities I presented as payment, but my requests have gone unaddressed. These securities were not gifts, and I explicitly stated that they should be returned if the debt was not satisfied. To date, they have not been returned. 

CFPB 's Negligence : The CFPB has been made aware of my complaints but has failed to assist me in resolving this matter. Their lack of action has allowed Santander Consumer USA to continue its mistreatment of consumers. Santanders actions, including the continued reporting of false information about my credit, have caused unnecessary damage to my credit profile. 

The " Bot '' Response : The responses I have received from Santander have come solely from an automated " Bot, '' which mistakenly interpreted a submission of a SC XXXX form as payment. The XXXX was merely intended to inform Santanders executives that I had been reading their filings. The " Bot '' also listed acceptable forms of payment but failed to address the specific question of what happened to the payments I provided.

Request for Immediate Action : I am requesting a clear and specific response from a member of the Santander team who can resolve this issue. If Santander can not provide the whereabouts of my securities, I insist that this fictitious debt be discharged immediately. According to UCC-3 604, failure to address this matter means that Santander Consumer USA is in violation of federal law. As outlined in UCC 3-604, my securities must either be
returned or the debt must be discharged, as I have provided sufficient proof of my ownership.

Conclusion : Santander Consumer USA is continuing to break the law by failing to return my securities and by retaining a car that is not legally theirs. This ongoing misconduct is damaging my credit and violating my rights. 

I expect a prompt and thorough response from Santander, as I was informed that my vehicle would be considered for sale after XX/XX/XXXX. Today is XX/XX/XXXX, and I expect to resolve this matter before that date. 

Thank you for your attention to this serious issue. 

Sincerely, XXXX XXXX, XXXX

Company response to consumer: Closed with explanation