Denver- Santander refi contract fraud?

[refihelp]

I would like to form a complaint against Santander and ask for advice on where to go from here. I had my vehicle refinanced with Santander 2 months ago. On the first contract I had signed I had scratched out the terms for the 5 year loan and replaced it with 3 years. The amount for the 5 year term was $167. I was told that since I had made cross out the contract was voided and they did not do refinances for 3 years but if I was still interested to send in a new contract with no cross outs so I did. A month later when the loan funded I was told that my payments were $278 a month and it had funded for the 3 years. I wrote to my loan processor and told her I hadn’t agreed to those terms or signed any paper work for that amount, I never heard from her again. I have been making contact with Santander for the last 50 days trying to get this matter resolved and I receive a different answer every time, usually that a supervisor will be in touch with me and I never receive a call from anyone but the collection people. I want to have this resolved but I don’t see how I can be charged a monthly amount for something I never signed, and I have asked them to send me something that shows I agreed to that amount and that’s when I get told a supervisor will call me back. Today when I talked to them they said that they funded on the contract with the scratch outs and I told them that I was told because there were scratch outs that contract was voided by their company they said that they never said that and there is nothing I can do but try and get refinanced with another company. I left a voicemail for the Vice President but I’m sure I will not hear anything back. I’m worried my car might get repossessed. I really want to fix this but I can’t seem to get anywhere with them and I guess more than anything I need to know where to go from here? Any advice is appreciated.What is the name of your state (only U.S. law)?

 

[swalsh411]

Of course your car may be repossessed if you don't make any payments. You need to pay in accordance with what you signed. (3 year loan) What is the issue here? You wanted a 3 year loan; you got a 3 year loan.

The only potential fraud I see here is you borrowing money and then not repaying as agreed.

 

[OHRoadwarrior]

It would probably have helped if you would stop changing your mind.

 

[refihelp]

The contract I signed wasnt for that amount and I was told it was void because of the scratch outs so I sent in another one for the original amount, how is that not fraud? They made up their own contract which I never signed and used it to fund

 

[refihelp]

also its not that Im refusing to pay back the loan or have no desire to, Ive been trying to get this sorted out for 50 days

 

[swalsh411]

Really? Prove the contract you signed was voided. They will not admit they told you it was void. Even if they did I highly doubt this would be actually void the contract. (just like you can't void a satisfied contract verbally, neither can they)

You should be making payments according to the terms of the contract you signed until you can resolve the term question. If you do not make any payments they can legally re-possess the car. Don't be a fool and think that calling customer service asking questions while not making any payments for two months is going to keep your car from being re-possessed.

 

[cosine]

The contract I signed wasnt for that amount and I was told it was void because of the scratch outs so I sent in another one for the original amount, how is that not fraud? They made up their own contract which I never signed and used it to fund

Did you actually sign the contract for the 3 year loan? Do you have any paperwork that shows they accepted a 5 year loan term?

I think you know by now that people in these finance businesses lie all the time. Maybe they lied about the 3 year contract being voided.

 

[sandyclaus]

I'm a little confused here.

OP says that the original contract was a 5-year term with payments of $167 a month. They didn't want a 5-year term, so after marking up the original contract, a new contract was issued for the 3-year term at $278 a month.

Of course there will be a difference in the payment amount. The longer term will generally have a lower payment amount than a shorter term, because you are taking longer to pay off the vehicle with financing. It makes sense that when the term is shorter, that payment would have to go up to pay off the car in the shorter amount of time.

Is OP expecting to have the same $167/mo payment on a 3-year term loan? If so, then OP is being unreasonable here.

OP needs to go to the finance company and obtain copies of the actual funded loan documents that support exactly which of the two loans (the 5 yr vs the 3 yr) was funded and put into effect.