Consumer complaint received 2025-11-23 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: SANTANDER HOLDINGS USA, INC.
State: OR

Complaint narrative:
CFPB COMPLAINT - SANTANDER CONSUMER USA YOUR INFORMATION : Name : XXXX XXXX Address : XXXX XXXX XXXXXX/XX/XXXXXXXX Phone : XXXX ACCOUNT INFORMATION : Creditor : Santander Consumer USA Inc . 
Account Number : XXXX Vehicle : XXXX XXXX XXXXXX/XX/XXXXXXXX Original Loan Amount : {$25000.00} Interest Rate : 29.99 % APR ( predatory ) Amount Claimed Owed : {$15000.00} ( charged off ) Current Settlement Demand : {$1500.00} COMPLAINT : PREDATORY LENDING, FRAUD, ILLEGAL REPOSSESSION, THEFT, HARASSMENT, AND EVIDENCE DESTRUCTION BACKGROUND - PREDATORY LENDING : In XX/XX/XXXX, Santander provided financing for this vehicle at 29.99 % APR - an unconscionably high rate for a secured auto loan. For context, this rate is higher than most credit cards and borders on usury. This predatory rate made the loan unaffordable from the start and set me up for failure. 
TIMELINE OF VIOLATIONS : Early XXXX - Vehicle Accident and Repairs : My vehicle was involved in an accident. XXXX insurance paid for {$5000.00} in professional auto body repairs. 
During the repair process, Santander and/or their recovery agents began harassing and stalking me, demanding : name and location of the body shop, insurance claim information, license plate numbers, exact location of the vehicle, and timeline for repair completion. 
I refused to provide most of this information. Despite my refusal, they located the repair shop through their own investigation/stalking. 
XX/XX/XXXX - Requests for Help Ignored : I fell behind on payments due to ongoing XXXX and loss of income since XXXX. I contacted Santander IN WRITING twice requesting payment arrangements or hardship assistance BEFORE missing payments. 
Santander ignored both requests and never responded. 
XXXX XXXX - Bad Faith Stalling and Extortion : When I finally reached them by phone, Santander : demanded I pay MORE than the actual amount owed to prevent charge-off, made vague promises about payment arrangements, stalled me for months with no resolution, and appeared to be deliberately delaying while waiting for repairs to complete. 
XX/XX/XXXX- Strategic Repossession After Repairs : Immediately after the {$5000.00} in repairs were completed, Santander repossessed the vehicle without proper notice. The timing appears calculated to maximize their profit by seizing a newly-repaired, high-value vehicle. 
The repossession occurred at night. I had just returned from a medical trip related to my XXXX. I had a critical orthopedic appointment for XXXX XXXX consultation scheduled the next morning - a long-distance appointment requiring the vehicle. I woke up to discover my only transportation had been taken with no advance warning. 
Personal Property Theft : The vehicle contained approximately {$3000.00} worth of personal property : XXXX XXXX, XXXX, various tools, and clothing and personal effects from my trip. Santander has refused to return any of these items or compensate me. Under XX/XX/XXXX law and UCC provisions, they had no right to keep or dispose of my personal property. 
Auction Violations : Santander provided only vague notice that the vehicle would be 'put in auction ' but NEVER provided : specific date of auction, time of auction, location of auction, opportunity to redeem vehicle before sale, or proper accounting showing sale price and application of proceeds. This violates UCC Article 9 requirements for commercially reasonable disposition of collateral. 
XX/XX/XXXX - Fraudulent Charge-Off : Santander reported the account as 'charged off as bad debt, profit and loss write-off ' to all three credit bureaus, showing {$15000.00} charged off. However : I never received IRS Form 1099-C ( Cancellation of Debt ), the account continues to accrue interest after charge-off, they're still demanding payment ( {$1500.00} settlement ), and they claim I owe money despite selling a newly-repaired vehicle worth far more than the loan balance, never providing accounting of sale proceeds, and keeping {$3000.00} in personal property. 
Evidence Destruction : After repossession and sale, Santander deleted or removed ALL account statements from my online account access, including the critical statement showing : the auction sale details, sale price received, how proceeds were applied, and deficiency calculation. This appears to be intentional destruction of evidence to prevent me from challenging their claims. 
FEDERAL AND STATE LAW VIOLATIONS : 1. PREDATORY LENDING 29.99 % APR on secured auto loan is unconscionably high. Rate designed to ensure default and profitable repossession. Violates state usury laws and unfair lending practices.

2. FRAUD AND PROFIT MAXIMIZATION SCHEME Deliberately stalled while waiting for {$5000.00} in insurance-funded repairs. Harassed and stalked to track repair completion. Repossessed immediately after repairs to maximize auction value. Refused to provide accounting showing they profited from newly-repaired vehicle. Deleted evidence of sale proceeds. Pattern suggests intentional scheme to let insurance pay for repairs, seize high-value repaired vehicle, sell at profit, still claim inflated deficiency, and destroy evidence. 
3. HARASSMENT AND STALKING Repeated unwanted contact demanding repair shop location. Investigated and located repair shop despite my refusal to provide information. Harassment by recovery agents before repossession. Violates Fair Debt Collection Practices Act.

4. ILLEGAL REPOSSESSION PROCEDURES Failed to provide reasonable notice before repossession. Failed to provide proper notice of disposition ( sale ) including time, date, and place. Failed to provide accounting showing sale price and application of proceeds. 
Failed to conduct commercially reasonable sale. These violations may void the entire deficiency balance under UCC Article 9.

5. CONVERSION/THEFT OF PERSONAL PROPERTY Seized and retained XX/XX/XXXXXXXX in personal property. Refused to return personal items. No legal right to dispose of borrower 's personal effects. Violations of state conversion and theft laws. 
6. FRAUDULENT CREDIT REPORTING Reported account as 'charged off ' XX/XX/XXXX. Never issued IRS Form 1099-C ( Cancellation of Debt ). 
Continues to accrue interest after charge-off ( illegal ). Account shows both 'charged off ' status AND active collection. Under IRS regulations ( 26 USC 6050P ), failure to issue 1099-C means either fraudulent reporting or tax law violation.

7. EXTORTION Demanded MORE than amount actually owed to prevent charge-off. Threatened credit damage while making impossible demands. Bad faith negotiation tactics.

8. EVIDENCE DESTRUCTION Deleted all account statements including auction accounting. Prevents verification of commercially reasonable sale. Prevents challenging deficiency calculation. Intentional destruction of exculpatory evidence. Potential obstruction. 
MY CURRENT SITUATION : I am a XXXX XXXX individual with no income since XXXX. I have exhausted my XXXX, retirement savings, stocks, and bonds trying to survive. Every month is a struggle to remain housed and fed. 
I am currently recovering from a serious accident in XX/XX/XXXX that resulted in : XXXX XXXX XXXXXX/XX/XXXX, and severe XXXX XX/XX/XXXX. I am on unpaid leave and my housing is at risk. 
Santander 's actions have : charged predatory 29.99 % interest ensuring my failure, stalked me during vulnerable time requiring medical care, timed repossession to maximize their profit after insurance paid repairs, destroyed my credit while continuing illegal collection, stolen {$3000.00} in personal property I can not replace, left me without transportation for critical medical appointments while XXXX, violated multiple federal consumer protection laws, and profited from scheme while claiming I owe them money. 
REQUESTS FOR RELIEF : 1. Immediate deletion of all negative reporting from all three credit bureaus 2. Full accounting of vehicle sale including date, time, location, sale price, all fees, application of proceeds, and justification for claimed deficiency givenXX/XX/XXXXXXXX in recent repairs 3. Proof of compliance with UCC Article 9 notice requirements or ELIMINATION OF ENTIRE DEFICIENCY BALANCE 4. Return or compensation for {$3000.00} in personal property 5. Copy of IRS Form 1099-C or immediate issuance 6. Cease all interest accrual on charged-off debt 7. Restoration of deleted account statements and complete transaction history 8. Investigation of evidence destruction, predatory lending practices, strategic repossession timing, harassment and stalking, and profit maximization scheme 9. Monetary damages for predatory lending, illegal repossession, personal property theft, harassment, fraudulent credit reporting, and emotional distress 10. Referral to appropriate authorities for investigation of potential criminal conduct including theft, stalking, fraud, and evidence destruction 11. Investigation of 29.99 % APR as potential usury violation CONCLUSION : Santander Consumer USA has engaged in a systematic pattern of predatory and illegal conduct : originated predatory loan at 29.99 % APR, stalked and harassed XXXX borrower, stalled to wait for insurance-funded repairs, strategically repossessed newly-repaired vehicle, stole personal property, failed to provide legally-required auction notice and accounting, destroyed evidence, falsely reported charge-off while continuing collection, and violated multiple federal and state consumer protection laws. 
This appears to be a calculated scheme to profit from insurance-funded repairs while claiming a deficiency, with evidence destruction to hide their fraud. 
I request immediate investigation and enforcement action against Santander for these egregious violations. 
I am actively seeking legal counsel and intend to file suit for : elimination of deficiency under UCC violations, statutory damages under FDCPA, FCRA, and state consumer protection laws, actual damages for theft and emotional distress, punitive damages for willful misconduct, and attorney fees.

DESIRED OUTCOME : 1. Immediate remov
al of all negative credit reporting 2. Elimination of deficiency balance due to UCC violations 3. Compensation for stolen personal property ( {$3000.00} ) 4. Monetary damages for harassment, stalking, and fraudulent scheme 5. Full investi
gation of Santander 's predatory practices 6. Referral for criminal prosecutio

Company response to consumer: Closed with explanation