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I was laid off in 2008. Just to stay afloat, I took a job working at a movie theater. As a result of the lower income, I fell behind on my car payments.I concede that is my own fault and I take responsibility for that.
Three weeks ago, I got a new, full-time job and began catching up on my debts.
I had a 2007 Ford Mustang with a loan through HSBC Auto (which was acquired by Santander). I made the agreed upon payment, and they still took my car.
On 10/6/10 I talked to a collections rep (name unknown) with Santander who told me that my car had been assigned for repossession and I would need to make a payment of $275 by Friday, 10/8/10 to stop that from happening.
On 10/7/10, I made a payment of $310.
My car was repossessed ANYWAY the night of 10/7/10 - 10/8/10.
When I called Santander to get the situation resolved, 3 people (an account manager named Tasha, a collections person named Margaret Mays, and another account manager named Ed) said that it was their mistake or they empathized with the righteousness of my situation but they said it was out of their authority.
Fair enough.
I was transfered to a woman in "reinstatement" (name unknown) who claimed that the reason the repossession had occurred was that since my payment had been made after business hours, the "stop" on the repossession had not reached their repossession affiliate.
At this point, I felt that although I had already missed a day of work at my new job for this, it was a relatively easy fix. They just had to contact their affiliate repossession company and have them return the car to me ASAP.
Unfortunately, it wasn't that easy. The woman in "reinstatement" with Santander said that what I had been told about having until 10/8/10 to pay was from "a different department" so therefore, it didn't matter, and that in order to get the car back, I would have to pay the ENTIRE past due amount, repossession fees of approximately $500, and whatever arbitrary fees the the repossession company might choose to charge me. Her explanation was that because the message between them and the repossession company was apparently "crossed" that they are not at fault.
This is ridiculous because:
- I had been told I had until Friday to make my payment; the payment was made Thursday, IT POSTED Thursday, and the car was still taken Thursday. Even if their story about it being after business hours on Thursday was true, it wouldn't matter because I had been told I had until Friday anyway.
- The repossession company is their affiliate.
- It doesn't matter if I had been told by a different department, it's all still the same company. What kind of business practice allows one department of the company to say that it doesn't matter what agreements another department makes?
I asked for a manager and was twice disconnected in transfer.
I called back and spoke with a collections person named Sal who repeated Santander's line "shedding responsibility" and was somewhat rude. I asked for his manager and was transferred to Mario Compean who identified himself as Sal's boss. He was much more polite, but he also repeated Santander's refusal to do what is right and rectify the situation. In addition he said that the 3 previous employees who had said that I was in the right would be disciplined for putting the company at risk.
I explained to Mario that if that was Santander's position, then I would file a complaint to the Better Business Bureau - which I have done. While he did not "write-it-off", he did not seem concerned.
Mario transferred me to a voice mail for Terra Stewart who is apparently a manager in the "Reinstatement Department". I left a message for her to please call back, but have not heard from her.
This is very much an unfair business practice.
A fair resolution would be for the car in question ("my car") and my property returned to me as soon as possible. Without any problems or "hoops" from either Santander nor their repossession affiliate.
This includes:
- Not having to pay the entire past due balance BEFORE getting the car back, as this would not be the case if it had not been repossessed which as per my payment on 10/7/10 should not have happened.
- Not being charged a "repossession fee" - again because the repossession should not have happened to begin with".
- No associated fees (such as for clearing up police reports)/.
- Not being forced to pay fees including storage or other fees from Santander's repossession affiliate!.
- No "hassles" such as "you must pick up your car 100 miles from your house during the hours of 1-3 PM" for example!.
I would also like a formal, written apology from the company|.
And finally, since this is CLEARLY an unfair business practice, I would like the policy amended not only for me, but for all consumers/. It is not fair nor right for a company to offer an agreement, then refuse to honor their agreement because 1'. the agreement was "made by a different department (in the same company)" and 2'. "the message 'did not get to their own affiliate in time'" 12a71f4
 Comments (43) |
| 1. Written by Liza on September 3, 2011 from -, -, US Holy sinhizt, this is so cool thank you. |
| 2. Written by Philly on September 1, 2011 from seattle, washington, US Great common sense here. Wish I'd thuhgot of that. |
| 3. Written by Dallas on August 5, 2011 from bellevue, washington, US That happened to me last year and I will always dislike them or even use them in the future. They just like to ripe off people. They don't care if you were current or up to date, they will come for your car. This shouldn't happen to good people, only to the ones who's always LATE! They shouldn't be in business anyway. |
| 4. Written by On your side on July 2, 2011 from charlotte, north carolina, US After reading your woes I really feel for you. It sounds like they were jerking your chain.... |
| 5. Written by Kelly Lozoya on June 23, 2011 from studio city, california, US I have had and still am having problems with Santander. I purchased my vehicle through HSBC Auto put 13,000 down on it had paid for 2 years. My husband is self employed and had to have an emergency surgery. HSBC said we could defer payments. Next thing you know we receive a letter from Santander saying we owe them 27,000 for the car or hand it over. What who is Santander? Well come to find out HSBC sold their car loans to Santander and did not inform them of the deffered payments. We were never notified. We called Santander and spoke to a manager who was so rude and was unwilling to work with us. She said the car had already been charged off and until we paid 27,000 or turned the car in we could not speak to litigation. I refused to hand over my car. I knew this was a scam. Two months later we receive a letter stating HSBC sold their loans to Santander? A repo guy shows up at my door at 2:00am banging on my door with a maglite. Wakes up all three kids. I open the door and he immediately starts demanding the keys using foul language and I mean F bombs left and right. He pushed my 60 year old mother down on the ground and threw her keys across the street because her car was blocking mine. He had another guy with him who was already in my car. When I walked over to my car he shut the car door on my leg. I called 911, cops showed up called them a bunch of thugs and a few other choice words and told them to leave. I dont know what to do now. Any suggestions? |
| 6. Written by Madhermi on May 25, 2011 from hermiston, oregon, US Ask to see original loan docs...they can not collect on loans that they don't have documentation for...you would be surprised when these loans get sold how many docs get lost...plus they can not seek any legal action such as repossession until they provided that documentation. I know it is a loop hole but hey they use them all the time on us. |
| 7. Written by Tori 5 on March 7, 2011 from columbia, south carolina, US I fell behind making my payments due to layoff. Had made payments arrangements with a rep. in the collections department at santander to pay a certain amount to keep the car from being repossessed. I paid said amount, and the next day the repo showed up at my house with order to repo the car. I told him I had paid the agreed upon amount and he stated there was nothing he could do that night. He gave me his number and told me they held the car for 15 days and I had that amount of time to get things cleared up. The next day I called santander, the rep in the collections department told me that yes, they received that payment I made, but decided not to accept my arrangements for payment at this time. To get my car back I had to pay repo fee, the other back month, and two months in advance. So I did that. I called them back today after paying the entire amount they wanted me from. Keep in mind this was 5 days ago( counting sat. and Sunday.) Santander can now NOT locate my car, and say they have 14 days to find out where the repo people took the car. Checked with an attorney here, that does not really handle this kind of thing, but was told by him that SC state laws states they have to send a certified letter after repossessing a car stating the terms you have to get it back, and they must hold the car from 10-15 days for you to get it back. SO now to get my car back I have to get a lawyer and get someone to find the car or something. Santander states they do not have to keep up with the car once it has been collected by the repo company. Every thing I heard from lawyer and read myself states they should know. Any suggestions? And does anyone know if there is a class action suite or how to get one started if there is not. |
| 8. Written by jcoberly on January 19, 2011 from los angeles, california, US Ok, here's another update: Everything is in order right now. Payment is up-to-date, insurance it good, etc. Yet, I just received my bill today, and there is a NEW mysterious $60.00 fee. All it says is "Fees". No explanation of why, just "Fees". I tried to call, but of course their office is closed. I looked online, and no explanation. This company is CRAZY! Again, 1. Refuse to take any loans by Drive Financial, Santander Consumer USA, or any of their other names or affiliates (I say semi-option because loans are bought and sold between these companies and many of us, myself included, did not start with them to begin with). Sure this can make it harder for some people to get loans for car purchases in the short run, but in the long run they will either have to improve their business practices, or it will hit them in the pocketbook. 2. If any one of their (non-flattering word withheld) people acts rudely to you do not ask for a manager (we already know that won't make a difference) simply hang up. 3. File complaints with appropriate agencies. DO NOT bother with the Better Business Bureau. All they have to do is respond, and no matter what the outcome, the BBB will IMPROVE their rating. Go to your state Attorney General, the Texas Attorney General (that's where they are located), etc. 4. TELL EVERYONE YOU CAN! Go to local consumer advocates, TV, radio, and newspaper news outlets (especially if you're in PR and know how to make these things happen). If you're good with technology, set-up a website! 5. If it is an option available to you, REFINANCE! Now is actually a very good time to refinance since the interest rates are low. 6. Take copious notes of all contact with them (even if it seems ordinary). Save letters from them. And absolutely REFUSE any transaction that they will not do in writing. If they break their agreements, TAKE THEM TO COURT! |
| 9. Written by him on January 17, 2011 from omaha, nebraska, US Considering they had agreed with him on a payment plan which he said he was keeping, he was not really behind on payments. You work for Santander or the repo yard? |
| 10. Written by me on January 17, 2011 from colorado springs, colorado, US so your car was repod when you were behind on payments? that is a shock? i love how this country thinks it gets to keep everything for free. behind on your car payments? a truck is looking for it. it is that simple. |
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