Consumer complaint received 2025-01-25 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: SANTANDER HOLDINGS USA, INC.
State: MD

Complaint narrative:
On XX/XX/XXXX, I filed a complaint with CFPB ( see complaint No. XXXX ), stating the facts that still applies here. There is no debt owed to SANTANDER CONSUMER USA INC. Additionally in that same complaint SANTANDER responded on XX/XX/XXXX, stating that I and the principal account holder may have been a victim of fraud. On XX/XX/XXXX any alleged Debt against XXXX XXXX XXXX XXXX ( XXXX XXXX, Principal Account Holder - XXXX XXXX XXXX XXXX and XXXX XXXX XXXX, living Wo/man was XXXX by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Case No. XXXX ) On XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX claimant sent by certified mail number XXXX XXXX XXXX XXXX XXXX XXXX, a CEASE AND DESIST Notice to SANTANDER CONSUMER USA INC to stay away from the claimant XXXX XXXX XXXX and her personal property XXXX XXXX XXXX  ( Vin No. XXXX ) .... The company agent signed and received this Notice on XX/XX/XXXX. On XX/XX/XXXX at approximately XXXX, while at my sisters domicile a call was received from a neighbor, stating that a XXXX male was walking around my personal property - XXXX XXXX XXXX and that he jumped into a tow truck, pulling off with my private personal automobile bearing XXXX XXXX XXXX. XXXX ( Opt-out of XXXXXXXX XXXX XXXX ). My sister and I got into her automobile to connect with the thief stealing my automobile without my express or implied consent. We were able to speak with this aggressive man at XXXX XXXX XXXX in XXXX XXXXXXXX XXXX ( XXXX XXXX XXXX  ). ( I have recorded footage ) He got out and showed me ALL of my personal information in his handheld tablet, without my express written consent. The name on the side of the tow truck was XXXX XXXX XXXX XXXX. I advised the male that he was stealing my personal automobile. I then got into my property and rolled down my window to speak with the unidentified man. This man placed a call on his cell phone. While on speaker phone the man speaking identified his name to be XXXX XXXX. I advised him that I do not authorize or consent to any towing of my private property and that him having my information is aggravated identity theft, fraud and an attempt to commit grand theft auto, etc. The unidentified male kept my private automobile raised in the air on his tow truck lift preventing me from driving off with my private property, XXXX XXXX XXXX. I explained to XXXX XXXX, that this is my private property, which was also posted on the frames of my Plates XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ... XXXXXXXX XXXX asked the unidentified male the address of the location and he called the police, which resulted into my sister and XXXX XXXX XXXX , the claimant, secured party and creditor, being assaulted, pushed, told to get out of my personal property or I would be arrested, etc, theft of my private automobile, identity theft, etc. I showed clear documentation to all parties the BILL OF SALE dated XX/XX/XXXX transferring my property to the Trust, a Uniform Commerical Code Financing Statement filed with the Secretary of the State of XXXX  ( filed XX/XX/XXXX ) and XXXX  ( amended XX/XX/XXXX ) which showed that XXXX XXXX XXXX and her Living Trust ( " Schedule A '' ) had the First Lein position as the secured parties over XXXX XXXX XXXX XXXX AND XXXX XXXX, Principal Account Holders property for $ XXXX and that all property of the estate had been accepted for value and was exempt from levy. The unidentified male stole my automobile when he pulled off from XXXX XXXX XXXX, without my consent. My drivers side window was rolled down and with all of my personal property inside of it. Additionally, I was the issuer of any securities and SECTION XXXX Restricted Payments states that following, The Issuer shall not, directly or indirectly, ( a ) pay any dividend or make any distribution ( by reduction of capital or otherwise ), whether in cash, property, securities or a combination thereof, to the Owner Trustee or any owner of a beneficial interest in the Issuer or otherwise with respect to any ownership or equity interest or security in or of the Issuer or to the Servicer or the Administrator, ( b ) redeem, purchase, retire or otherwise acquire for value any such ownership or equity interest or security or ( c ) set aside or otherwise segregate any amounts for any such purpose ; provided that the Issuer may cause to be made distributions to the Servicer, the Administrator, the Owner Trustee, the Indenture Trustee, the Noteholders and the Certificate holders as permitted by, and to the extent funds are available for such purpose under this Indenture, the Sale and Servicing Agreement, the Trust Agreement or the Administration Agreement. Other than as set forth in the preceding sentence, the Issuer will not, directly or indirectly, make distributions from the Trust Accounts. The alleged account has already been SET-OFF AND DISCHARGED. The Uniform Commerical Code ( UCC1-308 ) governs all contracts in commerce, which supersedes any Judge, Tow Company XXXX XXXX. The secured party XXXX XXXX XXXX secured her first lien position, when she filed her UCC-1 Public Financing Statements before XX/XX/XXXX any therefore any other alleged liens not filed in the UCC Commerical Chambers is null and void and may be fraudulent.

Company response to consumer: Closed with explanation