Consumer complaint received 2024-11-26 00:00:00
Product: Checking or savings account — Checking account
Issue: Closing an account — Funds not received from closed account
Company: SANTANDER HOLDINGS USA, INC.
State: MA

Complaint narrative:
To Whom It May Concern, I am filing this complaint against Santander Bank for their improper handling of a tax refund check issued by XXXX XXXX XXXX XXXX which I deposited into my account. Despite the check being deposited, cleared, and verified, Santander Bank has failed to release the funds to me. 

The check, issued by XXXX ( XXXX ), was accompanied by a formal " free and clear '' release, confirming that the funds were available and cleared for release. Despite this confirmation, Santander Bank has continued to withhold the money without providing any justification. 

This has caused me significant financial hardship, as I depended on these funds to pay rent, utilities, and purchase essential items for myself and my family. 

I have made numerous attempts to resolve this issue directly with Santander Bank, but they have failed to provide a resolution or even a valid explanation for their refusal to release my funds or for closing my account. 

As a result, I am left with no choice but to file this complaint. I believe Santander Banks actions constitute a breach of trust and a failure to act in good faith toward their customer. Furthermore, these actions violate several federal regulations, including : Regulation CC ( 12 CFR Part 229 ) - Availability of Funds and Collection of Checks Banks are required to make funds from deposited checks available within a specific timeframe. If the check has cleared and payment has been received, banks are obligated to release the funds unless there is a legitimate hold or dispute. 
Violation : Santanders failure to release cleared funds without valid justification violates these rules. 
Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) - XXXX XXXX  ( 12 U.S.C. 5531 and 5536 ) The CFPB enforces prohibitions against Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ). XXXX cleared funds without justification may qualify as an unfair or abusive practice, particularly if it causes substantial injury to the consumer. 
Violation : Withholding funds without explanation constitutes an unfair practice, as it creates undue financial harm and lacks transparency. 
Desired Resolution : XXXX release of the withheld funds via check mailed directly to me. 
Compensation for the financial hardships caused by Santanders actions in the amount of {$2500.00}. 
A formal apology and assurance that corrective measures will be taken to prevent this from happening again. 
Please be advised that if this issue is not resolved promptly, I intend to pursue legal action to recover my funds and seek damages for the undue financial distress caused by Santander Banks irresponsible conduct. 

Supporting Documentation and Timeline of Events : On XX/XX/year>, I deposited the checks at Santander Bank as required. The bank cleared the following tax refund checks issued to me : {$8600.00} ( XXXX ) {$450.00} XXXX XXXX XXXX XXXX On XX/XX/year>, the bank cleared an additional amount of {$960.00}. 
On XX/XX/year>, I spoke with XXXX regarding the issue. On XX/XX/year>, I spoke with XXXX, and on XX/XX/year>, I spoke with XXXX via telephone. During multiple visits to the XXXX XXXX XXXX branch before it closed, I spoke with XXXX and was referred to XXXX. None of these employees could rectify the situation. 
Despite countless visits to the branch and hours spent on phone calls, I was repeatedly informed that the funds were being held indefinitely. On XX/XX/year>, Santander Bank stated they would return the money to XXXX, but as of today, this has not occurred. 
The treatment I received throughout this process was humiliating. It is unconscionable and unethical for a financial institution to withhold funds indefinitely without justification, causing undue financial and emotional stress. 

I request your urgent intervention in this matter to hold Santander Bank accountable and ensure that consumers are protected from such unfair practices.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation