• Report: #592393

Complaint Review: Drive Financial Services, Santander Consumer USA Inc.

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  • Submitted: Mon, April 12, 2010
  • Updated: Mon, November 12, 2012

  • Reported By: Rina — Moreno Valley California United States of America
Drive Financial Services, Santander Consumer USA Inc.
P.O. Box 961245 Internet United States of America

Drive Financial Services, Santander Consumer USA Inc. Inventing late fees,,,Demanding payments before due. Refuse to send an itemized bill. Harrassing phone calls, Varying late fees everytime we talk to them Internet

*Author of original report: Amazing rebuttal by Santander Employees

*Consumer Comment: You Must Work For Santander

*Consumer Comment: Loan is payed off but they want more!

*Author of original report: Please read the part where people have no late payments

*Consumer Suggestion: Auto Loan Collector Inside Infomation

*Consumer Comment: Customer That Loves Santander

*Consumer Comment: payment arrangement's

*Consumer Suggestion: Servicer not owner!

*Consumer Comment: No going back in time

*Consumer Comment: Min Wage Employee Hack Lecture

*Consumer Comment: WOWFORREAL YOU REALLY ARE A SCUMBAG

*Author of original report: you gotta be in denial

*Author of original report: wow,,lot of accusations from the company employee

*UPDATE Employee: What you don't know,...

*Consumer Comment: What you can do

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  This has to be one of the worst financers ive ever seen, read or heard of.    My car was financed through HSBC,  Satander took the loan over in march 2010,  They invented late fees from 2009.   Even though we have the bills to show we have paid everything we owed.   They have threaten to repo the car,  They said they wanted 60 $ and when we protested they raised the amount to 181$ in the same conversation.   As continued our protest at these fees they demanded the next months payment immediately or they will charge us more fees.   We told them we have never gotten a notice or a bill from satander, and that we had to look them up on the internet to find out who we are even talking to that is demanding money.   Now they call house phone, cell phone at all ours of day and night.   They wont give us their names as far as the individual person we are talking to.    They threaten to destroy our credit and take the care even if its for a dollar.   When ever we talk to them and we ask for a manager ,  they say they are the manager and that we cant talk to anybody else.   We ask for an itemized statement , but they refuse to address the issue or promise to send one.   They just make threats to our finances and security and repossessing a car that is paid up to date.              If there is a way to fight this company or join a fight against them, i would appreciate notice or an opportunity to join a class action suit.                  

This report was posted on Ripoff Report on 04/12/2010 12:46 PM and is a permanent record located here: http://www.ripoffreport.com/r/Drive-Financial-Services-Santander-Consumer-USA-Inc/internet/Drive-Financial-Services-Santander-Consumer-USA-Inc-Inventing-late-feesDemanding-pay-592393. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
4Author 11Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Amazing rebuttal by Santander Employees

AUTHOR: Rina - ()

 I am still constantly amazed at Santander management pretending to be satisified customers,,,,,,,, this is the lowest of all scum,,,,,, i am sorry for such harsh language,,,,,, but a pretend customer who sides with santander saying they were guilty of being late and that santander had every right to charge legitimate late fees, is disgusting to those of us who were on time and got charged with invented late fees and charges...............

to be late,,,,,,yes those of us with a brain understand,,,,, to be on time,,,,,,,,, and charged fees means santander is a criminal who is breaking the law...... and should be treated as such........ their service people argue on the phone for non existant fees,,,,, also criminals........scumbags who try to make  crimes legitamate against the people , hopefully go to the lowest part of heck....... santander you are disgusting even to crimanals everywhere

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#2 Consumer Comment

You Must Work For Santander

AUTHOR: Holi - ()

Your report has unauthentic written all over it. You must be affiliated with Santander in some way. Santander is my current finance company and I have never been late on a payment. My issue with them is they have locked me out of my on-line account because I've questioned how it appears that none of my payments have been going to my principal balance. Again I've NEVER been late on a payment and their treating a consumer like you who has admitted being late and accruing late fees  great? You are a fake and full of bologna! This blog is for serious complaints by consumers regarding these crooks Santander.

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#3 Consumer Comment

Loan is payed off but they want more!

AUTHOR: /\/\eH8Santander - (United States of America)

I too had a loan through HSBC which was transfered to Santander. I was late a few times and charged the fees in which I paid. When the loan was with Santander I had it set up with them for automatic payments so I couldn't be late again. Just trying to stay on track.  I recently refinanced the car with another lender and the lender paid the balance to Santander in full. My account profile reflects that the loan is paid off but, Santander is still trying to take payments from my account multiple times a month causing overdraft fee. Their customer service says that it's not set up with them and there's nothing they can do. My bank says they can block it but I will be charged a fee. Is there anything I can do. This is the 3rd month in a row I've been charged by Santander. Is that harassment?
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#4 Author of original report

Please read the part where people have no late payments

AUTHOR: Rina - (United States of America)

I guess OL bill  collector that you still cant read,,,,, the point is ,,there were no late payments,,, read that sentence again.    once more till it settles in your brain..When they charged us with fees,,, we wanted an explanation for them,  thats where we pissed them off.     We have paid the car off in full to get rid of these scumbags out of our life and we held our breath to see if they would ransom our pink slip for another fee,,,,,, you guys who represent these bottom feeders , are still saying that its part of business to extort and cheat someone... sorry ,,there is no way that there is an excuse for these terrorist tactics,,, keeping defending and saying that it happens to you... you are still part of the problem trying to justify its existance,,, just crawl back under the rock you came from.
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#5 Consumer Suggestion

Auto Loan Collector Inside Infomation

AUTHOR: Old Collector - (United States of America)

Question #1 What is a simple interest loan?

Answer: About 90% of most auto loans are simple interest and here is how it works. The total balance on the note then multiply it by the interest rate then divide it by 365 days of the year.

Sample 10,000 at a 16% interest rate your daily interest is $4.38 a day. If you pay your car not in 30 days from last payment you will pay in interest $131.40 in interest for that month.

If you pay your car note 50 days past due your  interest for THAT month is $219.00 (Big Difference)

Question #2 What happens on an extension or also called deferment?

You are still paying that daily interest. Let say you get two month extension on your car note lets say JAn and Feb are put on the end of your loan if you had a 60 month loan now it is 62 months. But the daily interest on 60 days on the same sample is $262.80 That extension was not free!!

Lenders also have Investors who set the amount of assistance that can be offered on a loan most companies will give out 6 to 8 extension on a loan. Some companies will not assist at all for that reason.

As a collector the last thing I want to do is take a car from someone who is having a hard time or may not even by no fault of their own.

You do know even Bill Collectors get collection calls when they get home too!! For all the Bill Collectors out there we all want you to call so we can help!! If your on this page then stop and call  that guy or gal and give them an opportunity to assist you!!

You can thank me later
Old Bill Collector
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#6 Consumer Comment

Customer That Loves Santander

AUTHOR: Customer Care for Many Years - (United States of America)

I purchased my car about 2 and a half years ago and financed thru Santander/Road Loans. My experience with this company has been nothing but glorious! Sure, it is frustrating to be behind on payments and yes, the rule that does not allow them to skip a payment is upsetting. That being said, I have found Santander to be a very considerate and easy to talk to company. I have been behind on my payments many times and have not ever gone past 45 days late. This has caused a large amount of late fees to appear on my account, but I don't fault the company for that. If I was a business owner, I too would tack on late fees. It is important that consumer's realize that they can't expect a free ride when they are not on time with their debt payments. When you rent a house, the owner tacks on late fees if you are late. Why should it be different when purchasing a car?

Santander calls me daily when I am behind on my bills, but they are not anywhere near as bad as some of the other companies out there. As soon as I stop ignoring them and give Santander a call to  make payment arrangements, they help me out and I hang up my phone relieved. Do I always get the arrangement I want? Of course not, but again, this is my fault. Yes, people lose their jobs, or emergencies come up, but since when is it the auto loan industries responsiblility to bale consumers out when there is an emergency in their life? Santander has never been rude to me on the phone and I feel comfortable calling them at any time.

I give this company two thumbs up. If I had not had the option to get a subprime loan with my post bankruptcy credit, I would not have a car at all. I believe that another auto loan company would have reposessed my car by now. Thank you Santander!

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#7 Consumer Comment

payment arrangement's

AUTHOR: renee - (United States of America)

Even if u make payment arrangements they still call you
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#8 Consumer Suggestion

Servicer not owner!

AUTHOR: mkw - (United States of America)

Hi,

I also have a Masters in Communications and they constantly harrass me also.

Please reread what the employee posted...

We discovered that Santander is simply the servicer of our account, not owner.
This means they do not have the legal right to:

1. Put anything on your credit report
2. Repossess a vehicle to which they are not the lienholder
3. Take you to court

If Santander did "own" your account, then it would be different. However, judging from the comments from the HSBC employee (which was informative and rude), I would venture a guess that Santander does not possibly "own" the account.

One solution here is to go to the credit bureaus and "IN WRITING" dispute and request paperwork stating Santander owns the account. We had Santander removed from our credit. However, in one case, when we disputed online, the Oscar system showed Santander as valid because, I believe, where it states - Type of loan, they put a code in that seems valid - AUTO.

So, you may want to attempt to have Santander removed from your report because I doubt any of the "kind" staff will be forthcoming as to whether they own the loan or are just servicing it!

Also, BBB in Tx gives Santander an F!!!! Over 3k complaints!

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#9 Consumer Comment

No going back in time

AUTHOR: ttupper - (USA)

Wowforreal made the comment that these payment histories are not 'made up'.  I want to address that.  Here are some simple logical points that ought to make sense to anyone who bothers to think about it for even a few minutes:

1) When a consumer enters into a retail installment agreement and makes every payment on time, that means they have paid as agreed.  That should be a 'duh' moment.

2) When the owner of a retail installment contract sells or assigns that contract to someone else, the new owner does not buy an interest in the portion of the contract previously executed.  They don't, for example, gain the right to suddenly collect on the payments that were made in that portion of the agreement - those payments have been made; the portion of the contract that was executed before such purchase is history.

3) The interest that the new owner of the contract has extends solely to the remaining portion of the contract to be executed;  for practical purposes that means that your interest applies to the unpaid balance at the time that the contract was purchased or assigned.  So, if there are unpaid late fees, unpaid payments, etc. at the time that your company purchased a contract, you do get to collect on those, because they are technically a part of the balance owed.

4) As the new owner of the contract you do NOT, however, get to 'go back in time' and arbitrarily decide that the previously executed portion of the contract was mismanaged by the previous owner.  That means that your company does not get to go back to a point in time before you were the owner of the contract and 'decide' that the consumer did not actually pay as agreed, and then proceed to try and collect fees, etc. from that point; you can only collect from the point at which you acquired interest in the contract.  That means that while the status of the note at the time you acquired interest in it may carry forward, you do not get to retroactively alter that state.

All of that adds up to what should be painfully obvious: If the previous owner of the contract says it was paid as agreed up to the point where you acquired ownership, it was paid as agreed.  You cannot retroactively change that.  And yes, attempting to do so is 'making stuff up', and I predict that doing so is going to get your company sued in just about every state where this practice crosses an attorney general's desk.
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#10 Consumer Comment

Min Wage Employee Hack Lecture

AUTHOR: Holly - (U.S.A.)

I was in awe as I read the employee/bill collector refuttal. Pretty ridiculous to read the pompus comments by someone who is probably a high school drop-out who will always earn just above min wage. He/she sums up perfectly the problem with Drive/Santander. Drive also bought my low interest loan from someone else. At the point they took over my loan my loan payments had not only always been on time, they'd always been paid 8 days in advance. As soon as these con artists took over, a $25 late fee showed up on my statement. I disputed it in writing. As I was thinking they'd fix it, the next month there was another $25 late fee. I sent them a second letter, this time certified, threatening action. The late fees stopped but they've refused to justify or remove the first $50 which are still there. Today I found out that they've been reporting my perfect payment auto loan, 30 days late every single month since they took it over. I'm sure this is an attempt to prevent me from moving the account which is exactly what I was doing.

There are consumer lawyers out there that are happy to sue companies like this one. I'm just saying because today I hired one to deal with not just Santander and one other who thinks we're all too stupid to do anything about them.

 

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#11 Consumer Comment

WOWFORREAL YOU REALLY ARE A SCUMBAG

AUTHOR: Reyna - (U.S.A.)

How can you defend such a scumbag company that is so unwilling to work with people and would rather take a persons vehicle than give them a break.  I believe every work this poster has to say, I myself have been trying to get a one month deferment due to extinuation circumstances and have been trying for 5 months now, all I can tell santander is they will get there money a month behind until they give me a deferment, they act like it will ruin them to give a person an extension to help them get caught up.
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#12 Author of original report

you gotta be in denial

AUTHOR: Rina - (United States of America)

   Lets see,, they asked for late payments when we had all records that we have paid on time,, we asked for a itemized listing of what they are trying to charge us and what part of our contract we had not kept.   We asked for someone other than the rude people on the phone.... why would i make this up,,, im not bitter,, i have never complained about a company before.... in the conversation the amount varied up to three (3) times,,, and the changing amount was used as a threat in response to our inqueries as to what basis the late charges were about.... obviously you work for them and think that this company can do no wrong.... which to me is smug and self righteous.. to dismiss and say our loan wasnt prime or that we dont pay our bills on time..... which is really quite a disgusting attack on a consumer with complaint... in fact it was someone like you that we talk to............ assuming everything,, presenting nothing,,, acting like pretty much a person who has some serious social issues.... now if we happen to have been party of an error that is one thing, but the service and the attitude toward us was disgusting.

    My wife has a masters and i have a bachelors... we own our home,,, we go to church.... we pay what bills we have on time... what we dont do is cave in to bullies on the phone representing a company who by mistake we did business with.... im done with this silliness,,, you respond months after this was posted without an inquery of whether things have gotten better... so instead of you trying to resolve an issue,, you blame the customer since they should have known better than to do business with Santander anyway... believe me that we have learned and pass our newly aquired information to everyone we know.... i hope you do keep your job there because to me it seems that it is exactly where you belong.....

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#13 Author of original report

wow,,lot of accusations from the company employee

AUTHOR: Rina - (United States of America)

So you presume my wife is a deadbeat,, with a masters in her profession and a credit over 700... listen moron employee,,, the loan didnt originate with santander but was transfered,,, and guess what all your stupid recordings dont mean anything unless they need to be reviewed,, you sound like the idiots we dealt with on the phone,,, smug, self righteous and pretty much stupid... you think any complaint is made up and your buddies you work with could not possibly be rude and as stupid as you.... im glad you have a 20 thousand dollar a year job that you are proud of....so stay there,, i put you right up there with telemarketers.
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#14 UPDATE Employee

What you don't know,...

AUTHOR: WOWFORREAL - (USA)

1. The people servicing your account with Santander all worked for HSBC...even me.
2. Late fees were NOT invented..any info prior to conversion was sent over from HSBC and late fees are charged when you are 10+ days late and are on your contract.
3. I doubt if you are an on time payer...your loan is subprime, which means your credit was not good when you got the loan.
4. We are required to identify ourselves, the company name and the mini-miranda at the BEGINNING of every outbound call. Most of our calls are recorded and the consequence of being rude is termination. So before you call to make a "false" complaint, keep in mind the tape can be pulled. 
5. Why are you asking for a manager anyway? Is it because you're not getting what you want? FYI: the calls, rules, what we can and can't do is already decided by management and most likely, the manager will stick to the rules and guidelines. By the way..our job title is Account Manager.
6. As far as your credit...it was not in good shape when you got the loan so that is why you are financed by a subprime lender so let's not act like you have a good history of paying your bills. Santander and any other finance company make money when you are late...Santander loves you to be late and keep you in your car- they make money from you interest. And repossession is not discussed unless your are 90+ days behind. Hmm.
7. The calls are routed according to how many days past due you are..so if you're talking to customer service (front end) you are current...midrange-30-60 days past due and back end is collections...60 days past due+...and the calls are routed automatidally. IF YOU ARE BEING CALLED DAILY it is because you are behind, ignoring calls, or not setting up arrangements to get current.
Stop whining...you have the power to fix this. Once again Santander wants to keep you in the vehicle and love it when you're late. People like you keep me employed. Thanks!
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#15 Consumer Comment

What you can do

AUTHOR: HahaSantander - (United States of America)

Please file complaints with the Better Business Bureau, your State's Office of Consumer Protection, State of Texas Office of Consumer Protection, Your Congressman, last, but, not least, the Federal Reserve Bank System.  The Federal Reserve System regulates Santander Consumer USA, which is a global subsidiary of Banco Santander.  Good Luck.
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