Consumer complaint received 2025-07-22 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: SANTANDER HOLDINGS USA, INC.
State: CA

Complaint narrative:
I am formally disputing the following accounts on my credit report under my rights granted by the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681, the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g, and the Truth in Lending Act ( TILA ) 15 U.S.C. 1641 ( g ).

I have identified multiple legal violations regarding these accounts, and failure to correct these errors within 30 days will result in formal legal action against your agency for willful noncompliance. 
ACCOUNTS IN DISPUTE : Account- SANTANDER - XXXX 1681e ( b ) Failure to Maintain Maximum Accuracy There is a discrepancy in the Last Reported dates between XXXX  ( XX/XX/XXXX ) and XXXX  ( XX/XX/XXXX ), despite both reflecting the same balance and payment status. This raises concern over whether the tradeline is being reported with maximum accuracy and consistency, as required by the FCRA. 
1681i Failure to Reinvestigate If this account has previously been disputed and still reflects outdated, inconsistent, or unverifiable datasuch as missing updates on repossession status or unresolved balance reporting differencesthe reporting agencies may be in violation of their duty to reinvestigate. 
623 ( a ) ( 5 ) Re-aging Prohibition XXXXXXXX XXXX Date Last Active is reported as XX/XX/XXXX, while its Last Reported date is over two years later ( XX/XX/XXXX ). If this update was made without a corresponding recent activity, it may indicate improper re-aging, which could unlawfully extend the tradelines time on the consumer report.

623 ( a ) ( 3 ) Duty to Provide Accurate Information The reported comment, Merchandise was taken back by credit grantor ( implying repossession ), may conflict with the outstanding balance of {$3600.00} still being reported. If the balance does not reflect the fair market value of the repossessed vehicle or a lawful deficiency judgment, the furnisher may be reporting inaccurate and misleading information.

Account- SANTANDER XXXX 1681e ( b ) Failure to Maintain Maximum Accuracy This account shows a past due balance of {$1600.00}, status as charged off, and commentary indicating dispute resolved. However, the Date of Last Payment is XX/XX/XXXX, which is highly inconsistent with a charge-off status, as a post-charge-off payment should be reflected in the balance and remarks. Reporting contradictory or outdated payment history suggests a lack of accuracy and completeness in reporting.

1681i Failure to Reinvestigate The comment indicates the dispute was resolved and the account was verified by the data furnisher. However, given the unresolved discrepancieslike the simultaneous reporting of a high balance, charge-off status, and recent paymentthe reinvestigation may have been superficial or incomplete, violating the duty to conduct a reasonable reinvestigation.

623 ( a ) ( 5 ) Re-aging Prohibition The Date Last Active is reported as XX/XX/XXXX ( XXXX  ) and XX/XX/XXXX ( XXXX  ), while the Last Reported date is XX/XX/XXXX. Without any new contractual activity, advancing the " last reported '' date may amount to improper re-aging, which artificially prolongs the accounts presence on the consumers credit report in violation of FCRA.

Account- SANTANDER XXXX XXXX ( b ) Failure to Maintain Maximum Accuracy The account shows a {$0.00} balance, {$0.00} past due, and a derogatory/charge-off status, which is contradictory. If the account was charged off and purchased by another lender, reporting a {$0.00} balance with continued derogatory status may misrepresent the current status of the debt and reflect inaccurate reporting.

1681i Failure to Reinvestigate If this account was previously disputed, the continued reporting with outdated or inconsistent informationparticularly the lack of updates or correction between bureauscould indicate a failure to properly reinvestigate as required under the FCRA. 
623 ( a ) ( 5 ) Re-aging Prohibition The Date of Last Payment is XX/XX/XXXX, yet the Last Reported date is XX/XX/XXXX, and the Date Last Active is inconsistently shown as XX/XX/XXXX ( XXXX  ) and XX/XX/XXXX ( XXXX  ). Updating reporting dates without any legitimate new account activity may constitute illegal re-aging, extending the derogatory mark beyond the permissible 7-year reporting window. 
Account- XXXX  XXXX - XXXX 1681e ( b ) Failure to Maintain Maximum Accuracy The account shows a derogatory status with a past due of {$120.00}, while also reporting a XXXX XXXX  monthly payment, suggesting it's not currently active or collectible. If the balance remains unpaid but the terms ended, this may be inaccurately reported. The High Credit of {$620.00} and Balance of {$120.00} are inconsistent with a fully charged-off account and suggest possible inaccuracy in how the debt is presented.

1681i Failure to Reinvestigate If previously disputed, the continued reporting of this derogatory accountwith no updated data from XXXX  and XXXX, and XXXX  showing charge-off statusmay constitute a failure to conduct a proper reinvestigation. Discrepancies between bureaus reinforce the appearance of non-compliance.

623 ( a ) ( 5 ) Re-aging Prohibition The Date Last Active is reported as XX/XX/XXXX, while the Date of Last Payment is XX/XX/XXXX. 
If there has been no activity since then, continuing to update the Last Reported as of XX/XX/XXXX could amount to unlawful re-aging, potentially keeping the negative account on the report longer than allowed by law.

LEGAL DEMANDS & GROUNDS FOR DELETION 1. PROOF OF DEBT OWNERSHIP REQUIRED ( 15 U.S.C. 1641 ( g ) ) Under TILA 15 U.S.C. 1641 ( g ), if a debt is sold or transferred, the new owner must provide proper notification and proof of assignment.

The original creditor has already been paid via securitization and no longer owns this account.

If no legally admissible proof of ownership is provided, this account must be deleted immediately.

Required Action : REMOVE the account or provide the full chain of ownership with original signed agreements proving legal standing.

2. FAILURE TO CONDUCT A REASONABLE INVESTIGATION ( 15 U.S.C. 1681i ( a ) ) Under the FCRA, 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), credit bureaus must conduct a reasonable investigation upon dispute.

Simply verifying data with a creditor is NOT a valid investigation.

If you claim this information is verified, provide the method of verification ( MOV ) as required by 15 U.S.C. 1681i ( a ) ( 2 ) ( B ).

Required Action : REMOVE the account if no legitimate MOV and full documentation is provided.

3. FALSE & MISLEADING REPORTING BY THE ORIGINAL CREDITOR ( 15 U.S.C.

1681s-2 ( a ) ) If the original creditor sold or charged off this debt, they are no longer the legal owner, yet they are still reporting it.

Under FCRA 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), inaccurate reporting must be corrected or removed.

If the creditor was paid via securitization or insurance write-off, they must update the tradeline to Transferred/Sold or remove it completely.

Required Action : DELETE the account immediately if the original creditor has no current ownership rights.

4. FAILURE TO REPORT A CHARGED-OFF ACCOUNT CORRECTLY ( GAAP & IRS LAWS ) According to GAAP ( Generally Accepted Accounting Principles ) and IRS reporting laws, a charge-off means the original creditor wrote off the debt as a loss.

If a charged-off account was sold, the creditor has no right to continue reporting a balance or updating the status.

Reporting a balance on a charged-off account is falsifying financial information, which is deceptive under 15 U.S.C. 45 ( FTC Act ).

Required Action : REMOVE the charge-off immediately, or provide accounting records proving the creditor still legally owns the balance.

5. COLLECTION AGENCY VIOLATIONS UNDER FDCPA ( 15 U.S.C. 1692g & 1692e ) If this account is now with a debt collector, I demand full validation under FDCPA 1692g.

Collection agencies must prove : o A valid assignment from the original creditor.

o A signed contract showing I agreed to this debt transfer.

o A full payment history proving what is allegedly owed.

If the collection agency can not provide all of the above, they are in violation of FDCPA, and the debt must be removed.

Required Action : DELETE the collection account immediately if the collector can not provide all required validation documents.

Company response to consumer: Closed with explanation