Consumer complaint received 2025-02-04 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: SANTANDER HOLDINGS USA, INC.
State: FL

Complaint narrative:
Dear Santander Consumer USA, RE : Santander XXXX I am writing to formally dispute the terms, practices, and servicing of the above-referenced auto loan account due to violations of federal and state laws governing fair lending practices, specifically predatory lending schemes and unlawful repossession practices. I demand immediate corrective action and resolution regarding the unethical and illegal practices associated with my loan. 

After careful review of my loan agreement, payment history, and your repossession actions, I have identified several predatory and illegal practices. Santander has violated the XXXX XXXX XXXX Reform and Consumer Protection Act ( 12 U.S.C. 5536 ) by engaging in unfair, deceptive, and abusive acts or practices ( UDAAP ) during the origination and servicing of my loan. These practices include misrepresentation of loan terms, inflating my income during the loan approval process, and failing to provide clear and accurate disclosures. Additionally, Santander has engaged in discriminatory lending practices that violate the Equal Credit Opportunity Act ( ECOA ) ( 15 U.S.C. 1691 ) by targeting vulnerable consumers for high-interest loans. 

Furthermore, the loan agreement breaches the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) by failing to provide transparency regarding the Annual Percentage Rate ( APR ), finance charges, and total cost of credit, making it impossible to assess the true cost of the loan. Santanders history of inaccurate accounting, improper fees, and failure to credit payments on time also constitutes abusive loan servicing practices in violation of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 ). Additionally, Santander has engaged in unlawful repossession practices. This includes failing to provide proper notice of default and intent to repossess as required under the Uniform Commercial Code ( UCC ) and applicable state laws, repossessing the vehicle despite payments being made in good faith or while disputes regarding the loan were unresolved, charging excessive or unauthorized fees associated with the repossession and subsequent storage or handling of the vehicle, and failing to sell or dispose of the repossessed vehicle in a commercially reasonable manner, as required under the UCC. 

These violations have caused significant financial harm, stress, and undue hardship. Santanders predatory practices and unlawful repossession actions are not only unethical but also illegal under applicable consumer protection laws. In light of these violations, I demand a complete audit and forensic review of my loan account, including a detailed breakdown of payments, fees, and interest applied to date. I also demand immediate cancellation of any unlawful charges and fees, including interest calculated on falsified income or inflated principal amounts. Additionally, I require a written explanation addressing the predatory practices employed during the origination and servicing of my loan, termination of my loan agreement under fair terms or a complete refund of excessive payments made to date, compensation for any damages caused by the wrongful repossession of my vehicle ( including fees, loss of use, and emotional distress ), and immediate rectification of any negative credit reporting resulting from Santanders unlawful actions.

Failure to comply with these demands within 30 days will leave me no choice but to pursue further legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my state attorney generals office. I am prepared to escalate this matter in court to seek damages for the financial harm caused by your predatory and repossession practices.

Enclosed are copies of the following documents for your reference : a copy of the original loan agreement, a payment history reflecting disputed charges, relevant correspondence with Santander representatives, and documentation related to the repossession, including any notices, receipts, or correspondence. This letter serves as a formal notice of dispute under the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) and any further collection activities must cease until this dispute is resolved.

I expect a prompt and thorough response to this letter. Failure to address these violations will leave me with no choice but to take legal action to protect my rights and hold Santander accountable for its misconduct.

Company response to consumer: Closed with non-monetary relief