Consumer complaint received 2024-11-29 00:00:00
Product: Debt collection — Auto debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: SANTANDER HOLDINGS USA, INC.
State: AL

Complaint narrative:
XXXX XXXX XXXX XXXX Santander Consumer USA XXXX Car Sales- XXXX XXXX Encore XXXX XXXX Collections XX/XX/XXXX Title VIII of the Consumer Credit Protection Act provides and protects consumers against the deplorable Predatory lending practices use by Enterprise Car Sales representatives, the sellers who, in their urgency to meet sales quotas, XXXX unfair and deceptive tactics used by the lenders authorization to exploit the borrower. 
Enterprise Car Sales, and Santander Consumer USA, lured and coerced, using high-pressure sales tactics to rush XXXX XXXX XXXX XXXX the borrower into signing the car loan agreements without fully understanding the articulated terms. XXXX this car loan financing agreement with limited credit requirements, inflated income valuations by the seller, no documented resource verification, and offering a deal with extremely high interest rates and fees. 
Initially, in XX/XX/XXXX, XXXX XXXX was targeted through solicitations. Meanwhile, in negotiations with the XXXX XXXX XXXX, it was established that the conditions of the loan were to structure the monthly payment terms that would be reduce to a tentative payment amount of {$300.00} per month within XXXX of first payment. That Expressed verbal agreement between the Seller Agent, XXXX XXXX XXXX, Dealers Number XXXX, and the buyer, XXXX XXXX XXXX XXXX that reduce the contractual obligation of {$690.00} per month became the objective of the final sales agreement. 
However, that Implied agreement nevertheless was not honored nor implemented by Santander Consumer USA, the finance company, as promised by the seller as a condition of the purchase agreement, which breach that agreement and became the central point of contention between the parties.

A Breach of Contract occurred by the seller when the Expressed conditions of the sale of the vehicle failed to ensure that the reduction in monthly payment through refinancing the original contract did not prevail. Furthermore, the XXXX XXXX XXXX that secured the purchase, later after the purchase then cancelled the insurance policy based on eligibility technicalities. 
Return of the product/XXXX  XXXX XXXX to Santander Consumer USA XXXX was initiated in XX/XX/XXXX. The XXXX XXXX XXXX has a generous XXXX grace return period choose not to retrieve their vehicle until several months later. 
An interest rate of 29 % is considered unconscionable and deemed grossly unfair or oppressive.

The courts may consider XXXX XXXX financial situation and the lenders conduct. XXXX XXXX was in a desperate situation and the lender took advantage of this, by inflating the interest rate which might be deemed unconscionable. 
XXXX XXXX, debit collection acquired Santander Consumer USA without investigating the breach of contract facts of the account, that Enterprise Car Sales breached the original contract by falsely Expressed through a verbal agreement between the Seller Agent, XXXX XXXX XXXX terms that would be reduce to a tentative payment amount of {$300.00} per month. 
XXXX XXXX, the Debt Collection Agency is reporting the purchased debt to the Credit Report outlets as leverage to coerce payment of this alleged debt.

Pursuant to 15 U.S. Code 1692c - Communication in connection with debt collection, and Debt Collections Practices Act ( FDCPA ), XXXX XXXX XXXX not engage in any conduct that is contemptuous harassment, and oppressive abuse by continual mail correspondence after an expressed please cease and desist all contact related to Santander Consumer USA was returned on their invoice dated XX/XX/XXXX via United States Postal Service First Class mail.

Through that continuum of communication that overtly holds the misrepresentation of debt is now tied to my consumer report and subsequent credit under-rating is used to coerce, bully and browbeat the borrower into submission is intentional.

This situation involves several concerning elements, including predatory lending practices, breach of contract, and unconscionability. Here 's a breakdown of the key issues : 1. Predatory Lending Practices : Enterprise Car Sales and Santander Consumer USA used high-pressure sales tactics to rush XXXX XXXX XXXX into signing the car loan agreements without fully understanding the terms. This included offering loans with limited credit, inflated income valuations, and extremely high interest rates and fees.

2. Breach of Contract : There was an expressed verbal agreement between XXXX XXXX XXXX the seller agent and XXXX XXXX XXXX ( the buyer ) to reduce the monthly payment to {$300.00} per month within 30 days of the first payment. However, this agreement was not honored by Santander Consumer USA, leading to a breach of contract. XXXX cancelled the insurance policy initially offered to cover any damages not more than 20 days after the purchase.

3. Unconscionability : The interest rates and fees associated with the loan were deemed grossly unfair or oppressive, which can be considered unconscionable in legal terms. Courts may consider the borrower 's financial situation and the lender 's conduct when determining if a rate is unconscionable.

4. Fair Debt Collection Practices Act ( FDCPA ) regarding : XXXX XXXX, which acquired the Santander Consumer USA alleged debt, engaged in conduct that is harassing or oppressive. The FDCPA prohibits debt collectors from using deceptive or abusive practices to collect debts.

Given these deplorable issues and pursuant to 15 U.S. Code 1692k - Civil liability, XXXX XXXX XXXX has been given legal advice to explore potential remedies, such as filing a civil complaint in US District Court, as well as filing an official complaint with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission pursuing legal action for breach of contract, predatory lending practices, and the illegal harassment by a debt collection agency after a cease and desist request had been issued. 

Respectively, XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief