Consumer complaint received 2024-03-25 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: SANTANDER HOLDINGS USA, INC.
State: TX

Complaint narrative:
Santander Consumer USA INC is in violation of the law and will be held to criminal liability pursuant to 15USC 1611. On ( XX/XX/XXXX ) a third party took the property or vehicle obtained through our consumer to creditor transaction from XXXX XXXX XXXX XXXX XXXX, TX XXXX, in which, Santander Consumer USA Inc is in violations of the following sections of the law by the actions taken, 15USC6802 ( B ) 15USC 1692F ( 6 ). According to 15USC1692 F - A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. I am requesting that Santander Consumer USA Inc provide me with a copy of the judicial court order that was filed before you contacted a third party with my personal information without permission to take possession of the property or vehicle obtained through our consumer to credit transaction? After carefully looking over both the retail installment agreement and the purchase agreement, I found that the following sections of the law were violated ; 15USC 1635 ( a ), 15USC1611, 15USC1605 ( a ), 15USC 1662 ( 2 ), 15USC1605 ( c ), which voids our retail installment agreement due to their actions taken against me and I hereby, revoke my signature on any agreement Santander Consumer USA Inc may have on file. Santander Consumer USA Inc failed to disclose that under Article 8 of the UCC, I am a third party to an investment. The vehicle or property obtained through this consumer to credit transaction was paid for with the security ( my finance application ), which you also failed disclose before the retail installment agreement was initially signed. Furthermore, as shown in our agreement, a downpayment of {$4000.00} was required by the dealership towards this consumer to credit transaction which violates 15USC 1662 ( 2 ) & 15USC1605 ( a ) because this transaction does not include a cash transaction but the dealership stated it was required that falls under false information and violates 15USC1611. In reference to the violation above, Ive been paying insurance at $ XXXXmonth for the property obtained during this consumer credit transaction which violates 15USC1605 ( c ) because the law clearly states, insurance is included in the Finance Charge as well as the sum of ALL charges ; I am hereby requesting in good faith and honor, the rescission disclosures you conspicuously provided me along with the statement required under this subchapter before the original agreement was signed. Santander Consumer USA Inc and the original creditor ( s ) ignorance of the law is no excuse, as these disclosures are mandatory to be provided to the consumer or retail buyer under Truth In Lending 15USC 1635 ( a ). This notice is to inform Santander Consumer USA Inc and the original creditor that I am exercising my right to rescind our agreements in this consumer to credit transaction as both agreements are voided by violations. I refuse to pay any alleged debt or anymore payments to Santander Consumer USA Inc and I order you to CEASE AND DESIST all collections activity regarding any alleged debt. Santander Consumer USA Inc had no authorization from me to contact any third party or consumer reporting agency with my nonpublic personal information pursuant to my right to OPT OUT of it being disclosed for any purpose as per 15USC6802 ( B ). According to - 15USC 1692 ( c ) c Ceasing Communication ; If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the Consumer with respect to such debt. I refuse to pay any alleged debt or anymore payments to Santander and I order you to CEASE AND DESIST all collections activity regarding any alleged debt. You have no authorization from me to contact any third party or consumer reporting agency with my nonpublic personal information. I am seeking my downpayment of {$4000.00} paid towards this consumer to credit transaction as well as the full finance charge in the original agreement and all cash payments paid monthly to Santander Consumer USA Inc since ( XX/XX/XXXX ) along with {$1000.00} for each violation listed in this notice ( pursuant to 15USC1692K ) for deceiving me to sign this voided contract and make cash payments to you under advertisement of false information, then repossessing the property. DUE TO YOUR COMPANIES VIOLATIONS, LISTED IN THIS NOTICE ; SANTANDER CONSUMER USA INC MUST DELETE THIS ACCOUNT FROM ALL CONSUMER REPORTING AGENCIES CONTACTED!

Company response to consumer: Closed with non-monetary relief