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Citibank recently appointed Santander as servicer for the loan on my 2006 Pontiac Torrent. This loan has never been late - it has always been paid through Citibank's auto-debit program, and I have years of monthly billing statements on hand that attest to the fact that during the entire life of the loan with Citibank, the payments have never been late.

After the first two months of Santander servicing the loan, I traded in the vehicle and the dealership paid it off. Let me repeat that: the vehicle was paid off. I have evidence of this in the form of a payoff notice from Santander themselves, the actual title to the vehicle (released to me by the state DMV), and also a copy of the cashed check that the dealer remitted to Santander, including the date when Santander cashed it, all routing numbers, and a letter from the business office of the Dealership (a nationwide chain) stating that they have repeatedly contacted Santander to ensure that the payoff is properly credited to my account.

As of today, Santander continues to report that the account is not paid off, despite the fact that they cashed the dealership's payoff check, and despite the fact that the payoff amount provided by the dealer actually exceeds the payoff amount for the vehicle. Worse, Santander reports that the account is actually past due by 22 days, despite the fact that the last monthly payment was made on time, again by auto-debit, debited by Santander. They claim that the account is late stemming from 2007 - in essence claiming that the account has been past due for *3 years* - from a point before they actually even serviced the loan, and also despite the fact that they previously transacted two payments on the account without indicating the account was past due, and despite the fact that Citibank previously transacted 3 years worth of payments on the account, also without ever indicating that the account was past due (BECAUSE IT WASN'T).

Synopsis: I have a vehicle that has been paid off - There is incontrovertible evidence to this effect in the form of the payoff check actually cashed by Santander. The note has never been paid late - I also have evidence to this effect. Yet against this, Santander continues to indicate that the account is not paid off, and also has the temerity to add insult to injury by claiming the account is past due.

They (Santander) are absolutely terrible to deal with. There is no way to directly contact anyone within their organization who can be of any real assistance in resolving these issues - the same answer is always given no matter how many times you call them to complain (we will send it to our accounts dept for review.) Even the business office for the dealer - who has paid out over ten thousand dollars to Santander that has not been applied to the payoff account - gets this same answer.

I've seen other complaints online about being told by Santander that they were past due after having their loans taken over by them, despite the fact that the original loan holders never considered the loans late. This behavior seems obviously reprehensible at best, and on the surface certainly appears fraudulent in nature. I hope to God someone sues them for this behavior, because they are the absolutely worst company I have ever had the displeasure of dealing with. In my case, they are demonstrably in the wrong, yet I cannot get ANY satisfaction from them with respect to resolving the issue.

Location: Rancho Palos Verdes, California

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Guest

santander is a joke !! we kicked them out of our dealership ..

most deceptive company out there .

used to be drive financial. I hope someone makes a class action suit against them .

Guest

This is a team of lawyers that represent people in a class action lawsuit against Santander. I haven't had to call Santander but I am registering with this law group so I can be ready in June 2011 when I make the last payment!

I also plan to go after Citifinancial. I will keep you posted if I find a case action lawsuit against Citifinancial!!!!

Guest

So far I haven't had to contact them and my loan is done in June 2011. I believe after reading all the complaints I will hire an attorney to finalize my loan payoff.

From what I have read, contacting the attorney general is a joke! I do not think it's a bad idea for the government to own the banks & tell them what to do because look what happens!

People need to wake up and realize they need to be controlled! For the sake of the working class, they need to be controlled!

Guest

UPDATE 11/14

Just another daily update. As of today, Santander considers me past due by 29 days on a loan that is paid in full. I've tried to work with them, the dealer has tried to work with them, and still nothing has changed. Despite acknowledging that they have received payment, Santander continues to indicate that the account is past due, and they continue to increase the number of days past due on a daily basis. Tomorrow is day 30, by their math.

The truth, however, is that I traded in the vehicle on September 25th. The dealer sent payoff as of October 23, and Santander cashed that payoff check as of October 27. Santander owes me money, not the reverse.

I've been thinking about this for several days now, and I realize that when people make claims like this, it is very hard to believe that any company would behave this way, and be so remiss in correcting their errors. And because Santander frequently deals with individuals who chronically pay late, many people are tempted to simply assume that it is the consumer that is being untruthful, which in turn leads them to dismiss claims like the one I am making here. That in turn creates space for a company like Santander to engage in behaviors that really should not be allowed, and which most people would consider predatory in nature.

With that in mind, I've decided to share some of my documentation. I have included a small portion of it in an update at ripoff report, and at complaints-board. My hope is that this might help someone else that is being victimized in this way. If people can see actual evidence that this stuff is really happening, maybe the pressure for Santander to change these practices will come more quickly and more severely. Therefore I have posted a number of documents that spell out the case as clearly as I can. These documents represent only a part of the documentation that I have, but I think they make the case clearly.

I will continue to keep everyone updated on the course that these matters take.

Guest

As of this morning (11/13), Santander has not yet credited the account for the payoff, and now indicates that as of yesterday (11/12) I was 27 days past due. That means today is day 28 in their calculation, tomorrow day 29, and monday day 30. If this generates a 30 day past due on any of my credit reports, I will be VERY displeased.

The sordid tale so far:

- Citi notified me that Santander had been retained as servicer of my loan and that this would begin 09/06. Unlike many others, my loan was not sold to Santander - Citi retained ownership - yes I have the documentation to prove that.

- During the entire life of the loan the account has been paid as agreed (never late) and has always been paid by auto-debit. It was therefore NOT past due when Santander started servicing the contract, which is important because it shows that Santander has no late payment history to work with. Yes, I can prove it.

- On 09/17 Santander made the first of their auto-debits - as indicated above, a normal monthly payment (no past due balance, as indicated above).

- On 09/25 I traded in the vehicle at an AutoNation Honda dealership.

- On 10/17 Santander debited the second of their payments from me. This payment was, again, not late.

- On 10/27 Santander cashed the dealer's payoff check, and the amount paid exceeded the amount due.

- On 10/29 AND on November 8 the AutoNation business office faxed proof of payoff to Santander, including an image of the cashed check front and back and all federal transit numbers.

- On November 1, the state released the title (clean title - no lien holders)

- On november 2 CitiFinancial (still the lien holder) sent me a payoff and lien release notice saying the account is paid in full.

- The same day I received the payoff notice from Citi, I also received a monthly statement from Santander. Santander's statement indicated I was past due and that I owed nearly $1000 dollars. There was no credit for the payoff, and the account was now listed as past due despite the fact that the previous month it was not past due, and despite the fact that the previous month's payment was made on time, again by auto-debit.

- On 11/12 I received notice that Santander had finally recognized that the car had been paid off, and would be crediting my account. This is ostensibly what they related to the AutoNation business office.

- As of today, 11/13 Santander has still not credited the account for payoff, and using their method of calculation, will now be indicating that I am past due by 28 days.

As I have said throughout this ordeal, this whole thing is absolutely ridiculous and beyond the pale absurd.

First, there is no way any sane person could consider the account past due. Even if the dealership had not paid off the account, I could not be past due because all previous payments have been made on time. Santander's own statement (for the October payment) indicates a past due balance of zero, and a normal payment due. And more importantly, Santander's statement for November indicates the receipt of the October payment. So somehow, even though I was not past due in October, and even though I made the October payment... I am counted as one month past due. That's some tricky math! I think most intelligent people will recognize that an account cannot go from paid as agreed one month to being one month late the next when the monthly payment was made, and on time. But no worries about that; Santander shows what they want. They'll investigate it. Meanwhile, they are continuing to ratchet up the number of days they say I am late, and its counting up towards 30.

Second, given the fact that the account was paid off as of 10/27, it is a double impossibility that it is past due as of today. Most intelligent people would (again) recognize that an account with a zero balance (paid in full, as Citi stated) cannot be past due by any amount. Paid in full means PAID IN FULL. This should be a big 'duh' moment for anyone with functioning neurons. But this is Santander we are talking about; I'm not really sure logic applies.

It should be evident from my tone, here, that I am beginning to get really steamed about this. I have never been treated as mercilessly by any company as I have been by Santander. I have never been given the runaround so much by any company I've had to deal with. I have never had to pour so much of my personal time into attempting to work with a company as I have with Santander. I have never been so thoroughly abused by a company as I have been by Santander. The whole thing is just SAD. Both I and the AutoNation business office have called them to try and get them to resolve this issue on an almost daily basis, yet the matter is still unresolved. It's really unacceptable that any company should be allowed to treat a consumer this way, especially when that consumer has never once violated the terms of the installment contract. It's just wrong.

Guest

Well I just received notice from the AutoNation business office, AND from the dealer where I traded in the car, that Santander has verbally agreed that they have, in fact, been paid. The AutoNation business unit has apparently been told that Santander will try to get the account credited today or tomorrow.

I'll let everyone here know how that turns out.

I didn't note it here earlier, but I actually traded in this vehicle on 9/25, but I still wound up having to make a monthly payment on 10/17.

What followed was an absurd round of escalating frustration and silliness that I have detailed here, and as of right now, Santander still hasn't credited the account, and is now counting me 26 days past due. Hopefully that will change today or tomorrow - I'll let everyone know.

Guest

Sorry I missed posting an update yesterday - consider this a two day update:

On 11/11 the AutoNation business office once again contacted Santander to get their status on what is going on with the more than $10, 000 they have paid them, and which has not been credited to my account. They received the same answer that Santander always provides: it's under review by our accounts dept.

I also called and spoke to an agent who at least was understanding and not rude - she informed me that there is absolutely no communication between their phone caller services (the people taking our calls) and their accounts dept. She indicated to me that they don't even have a phone number they can call in that department - they actually have to send every inquiry by email. She went further to indicate that supervisors don't even have a direct line they can call. The picture she painted is one where the accounts dept. is almost a citadel where the only thing that can go in is a request for review, and the only thing that comes out is the result of a review, and there is absolutely no explanation, communication, or collaboration. She stated "my hands are tied".

It is beyond me how a big company like this can even begin to believe that this sort of process is acceptable. It victimizes consumers. In my case, they are continuing to count me late for, and demanding payment for, a car note that is paid up to date and that is completely paid off. It is ridiculous. This sort of behavior, so far as I can see, really verges on criminal; if they don't get sued for this sort of stuff, it will absolutely shock and amaze me.

The Saga thus far:

- Santander debited a standard monthly payment (no past due amount) from me on 10/17 (the monthly due date)

- Santander cashed a payoff check from the dealer on 10/27 - payoff check exceeded the amount due on the vehicle

- AutoNation faxed proof of payoff to Santander (canceled check front and back plus federal transit numbers of the payment) on October 29 AND November 8.

- State DMV released the vehicle title on November 1 - clean title (no lien holders)

- CitiBank (Lien Holder) sent me a notice of payoff and lien release dated November 2

- Santander insists I am (as of today) past due by 25 days

As I have said many times, it is impossible for me to be past due on a loan that I paid up to date at the last statement due date, and that the a national dealer chain paid off. Even if Santander somehow misplaced or miss-applied the payoff amount (and it is evident that they did), I would still not be past due. As it stands, I have both the title and payoff notice for a vehicle that this absolutely scurrilous company insists I owe and am past due on. The whole thing is beyond the pale absurd.

I'll continue to keep everyone posted.

Guest

Just wanted to continue to update this. I received a call this morning from the business unit of the dealership I traded my vehicle in to (AutoNation - a nationwide chain that is highly respected). They contact Santander every morning to get the status of the situation, and were told nothing has changed and it will be at least friday before anything is done. Bothe the dealership and I have been contacting Santander, usually daily, about the issue. There have been dozens of phone contacts at this point, as well as faxed proof, etc. Still no action from Santander to resolve the issue.

The story thus far:

- Santander debited a standard monthly payment from me on 10/17

- Santander cashed the payoff check from the dealer on 10/27

- AutoNation faxed proof of payoff to Santander (canceled check front and back plus federal transit numbers of the payment) on October 29 AND November 8.

- State DMV released the title on November 1

- CitiBank (Lien Holder) sent me a notice of payoff and lien release dated November 2

As of today, Santander continues to insist the note is not paid off and also insists I am 24 days past due, even though I made a normal monthly payment on 10/17 and even though the vehicle was certifiably paid off on 10/27.

Not sure where this is headed, but it better not include a 30 day late on my credit report.

I'll continue to update this daily in the hopes that it will help someone else deal with Santander, or at least will provide ammunition in the fight against this unbelievably customer-hostile company.

Guest

Another call to Santander today, another (different) explanation for why they insist I am past due on a vehicle that is paid off. First, they continue to claim that they haven't been paid by the dealer, though they finally DO acknowledge receipt of the fax showing them the cashed check (front and back) - so I guess that's progress (of a sort). Second, they now acknowledge that they can't figure out why their system says I am past due. They acknowledge that last month I was not past due, and they acknowledge that last month I made my monthly payment on time - which should have been obvious because it is auto-debited and I have ample proof it was made. Yet, somehow in the space of a month, and having made the standard payment as required, I am now listed as both as past due AND as having made the monthly payment on time... on a note that is paid off.

The first time I called them about this state of affairs the explanation was that I was past due from sometime in 2007, which is clearly ridiculous (and also easily disproved, since I have my monthly statements from Citi and Santander). Then they insisted that the monthly payment I made was returned NSF. Then they 'recognized' that it actually was not returned NSF, and then they decided that the issue needed to be investigated by their mysterious accounts dept. So now I have two open investigations, one regarding why they think I owe them any money at all, and the other regarding why they think I am past due. Meanwhile, their system continues to add up the days they think I am past due on this paid off note, and its getting close to 30. If they report this to the CRB's and spoil my pristine payment history, i'm not sure what i'll do. Certainly it would be justifiable cause for me to pursue further action. The truth, though, is that I just want them to fix the mess, and then we can all go home and hang with our families and relax.

It's hard to imagine how a big company like this can be so incredibly messed up internally, but its like this for them all over the world so far as I can tell. We'll see what happens.

Guest

After posting this complaint today, I checked my mail and found that I had received a letter from CitiBank, and also one from Santander. The letter from Citi was a notice of payoff stating that the vehicle was paid in full. The letter from Santander was a monthly statement, stating that the account is past due by almost $500, and that the next payment due is almost $1000. How's that for customer service from Santander?

To make matters even more amazing, I also have the LAST statement I recieved from Santander. The last statement stated that I had a past due balance of ZERO and it indicated my next payment due and the date due. THIS statement indicates that I made the last payment, and it ALSO indicates that I am now past due by the exact same amount. There is no indication as to how I went from having no past due amount to being a month behind, after making the monthly payment on time... and of course, on a vehicle that is paid off.

This company really needs help... and they need to be made to pay for the way they are treating consumers.

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