Consumer complaint received 2025-05-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: SANTANDER HOLDINGS USA, INC.
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Fl XXXX XXXX Date : XX/XX/XXXX Subject : Formal Dispute of Inaccurate Repossession Entry Demand for Immediate Deletion under FCRA, Metro 2, and CDIA Guidelines To Whom It May Concern, This letter serves as my formal dispute regarding the alleged repossession account currently being reported on my credit file ( Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

# # # Account in Dispute : - Creditor Name : SANTANDER CONSUMER USA - Account Number : XXXX - Reporting Bureau : [ XXXX XXXX XXXX XXXX XXXX XXXX  I am requesting a full investigation and immediate deletion of this account based on the following legal violations, Metro 2 noncompliance, and exploitable compliance gapss in your current reporting.

-- - # # # Identified Violations & compliance gapss : # # # # 1. Missing or Inaccurate Date of First Delinquency ( DOFD ) Under 15 U.S. Code 1681c ( a ) ( 4 ) and Metro 2 standards, the DOFD must be accurately reported to ensure timely purging of obsolete negative data.

compliance gaps : Many furnishers fail to report this correctly or omit it entirely, which renders the account unverifiable and mandates deletion.

# # # # 2. Improper Coding of Repossession Status Metro 2 requires the Special Comment Code " R '' ( Repossession ) and specific Compliance Condition Codes ( e.g., " XA '', " XB '' ) to be used. If these codes are missing or misused, the entire entry is noncompliant with CDIA formatting rules.

compliance gaps : Improper status codes = violation of FCRA 1681e ( b ) ( maximum possible accuracy ) and grounds for deletion.

# # # # 3. Re-aging of the Account If the account reflects recent payment activity or a re-aged delinquency, this could be a violation of FCRA 1681c, which limits how long negative information can remain.

compliance gaps : Any attempt to restart the clock on a repossession is illegal and requires immediate correction or deletion.

# # # # 4. Missing " Actual Payment History '' Grid ( Field 24A ) Metro 2 format requires a complete payment history grid. If its missing, incomplete, or doesn't align with the reported charge-off date or repossession, then the account is considered incomplete.

compliance gaps : Incomplete data = must be deleted under FCRA 1681i ( a ) ( 5 ) ( A ).

# # # # 5. Failure to Report a Zero Balance Post-Repossession If the vehicle was sold and the debt was settled or satisfied ( whether paid or written off ), the account should reflect a {$0.00} balance, with accurate codes showing the deficiency ( if any ).

compliance gaps : Reporting a balance after collateral recovery may be considered deceptive or double jeopardy, especially if a 1099-C was issued.

# # # # 6. No Legal Right to Report if Debt Was Sold If the account was sold to a third party, the original creditor may no longer have legal authority to continue reporting it.

compliance gaps : Both entities can not report the same debt without full validation and proof of ownership, which often doesnt exist.

# # # # 7. No Proof of Contract or Permissible Purpose Under FCRA 1681b, the original furnisher must demonstrate a permissible purpose and maintain records verifying the debt.

compliance gaps : If they can not produce a signed agreement with full itemization, the debt is unverifiable and must be deleted.

# # # # 8. CFPB Enforcement History Sham Investigations As you are aware, the CFPB has taken enforcement actions against Experian and Equifax for engaging in sham dispute investigations that violated consumer rights under the FCRA.

compliance gaps : If a real reinvestigation is not conducted, you are subject to further enforcement actions and civil liability under FCRA 1681n & 1681o.

-- - # # # DEMAND FOR REMOVAL In accordance with FCRA 1681i, 1681e ( b ), and 1681c, and pursuant to Metro 2 and CDIA standards, I demand the immediate deletion of this account due to multiple reporting deficiencies, lack of proper verification, and failure to meet lawful compliance standards.

If the account is not removed within the 30-day statutory period, I will escalate this matter to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and my state Attorney Generals office. I also reserve the right to pursue legal action under FCRA 1681n/o for willful or negligent noncompliance.

Please mail a new copy of my credit report showing the results of your reinvestigation and confirmation of deletion.

Company response to consumer: Closed with explanation