What is the name of your state (only U.S. law)? Florida
I received a Threatening phone call in reference to a car NOTE that I had traded in. I am out of the car and the individual insist i pay a FULL balance of $21, 231.44 to Santander. This is after a request for Payoff was requested by the dealership in early October 2013. I repeatedly let in caller know, the account has been handled by the dealership and all has been paid. She still insist I pay the full dollar amount immediately. I did not authorize a call nor did I have any reason to receive any debt collection calls. I did not receive any prior notices of any related issues either.
Under the FDCPA 1692 Subsection 806 (1) (2) (4) (5) (6) all of these were violations based on this call. In addition, at the time, I was in such mental stress that i was trying to figure out how am I going to pay this total amount even though I thought the dealership was to take car of this.
Later on that week 11/8/2013 to be exact (estimated time) I received a letter stating,
Dear Customer (Full Name)
Santander Consumer USA received a payment from you on 10/28/2013 in the amount of $21,209.44. We believe you attempted to pay off your account with this payment.
We apprecieate your payment. However, the payment did not satisfy the entire balance of your account leaving a remaining balance.
As of the date of this letter (11/04/2013) your remaining balance is $23.92 and is good until 11/18/2013. Please be aware that your balance may change if payment is not received by this date.
Then it goes on to give ways to play and a contact number.
I called the number after I noticed it was on my credit report as a negative item showing the remaining balance. I am not sure it the dealership received a letter similar since they are the ones who technically paid for it. But there was NO reference of the dealership at all in my letter. But when I called, the rep from Santander I requested they send me all documentation so i can go over this with my accountant so I can resolve the issue since I have had fraud alerts on my credit report earlier in the year. I just want to make sure everything is good to go and correct. They refused to send any info what so ever. So I requested them to remove this from my credit report and to show paid in full since this is a dealership situation not mine. I was still wondering why did i receive this letter and not them. Did I actually pay this through my Treasury Account? I will never know.... or did the dealership pay in on my behalf?
Now my question is, based on the threatening phone call; demand for FULL payment, the violations I received from the Santander Rep under the FDCPA above violations, TCP with No prior warning what would be the process to bring a suite against this company for all that and the anguish this has caused me?
Your legal advice will be most appreciated.
Vince
I received a Threatening phone call in reference to a car NOTE that I had traded in. I am out of the car and the individual insist i pay a FULL balance of $21, 231.44 to Santander. This is after a request for Payoff was requested by the dealership in early October 2013. I repeatedly let in caller know, the account has been handled by the dealership and all has been paid. She still insist I pay the full dollar amount immediately. I did not authorize a call nor did I have any reason to receive any debt collection calls. I did not receive any prior notices of any related issues either.
Under the FDCPA 1692 Subsection 806 (1) (2) (4) (5) (6) all of these were violations based on this call. In addition, at the time, I was in such mental stress that i was trying to figure out how am I going to pay this total amount even though I thought the dealership was to take car of this.
Later on that week 11/8/2013 to be exact (estimated time) I received a letter stating,
Dear Customer (Full Name)
Santander Consumer USA received a payment from you on 10/28/2013 in the amount of $21,209.44. We believe you attempted to pay off your account with this payment.
We apprecieate your payment. However, the payment did not satisfy the entire balance of your account leaving a remaining balance.
As of the date of this letter (11/04/2013) your remaining balance is $23.92 and is good until 11/18/2013. Please be aware that your balance may change if payment is not received by this date.
Then it goes on to give ways to play and a contact number.
I called the number after I noticed it was on my credit report as a negative item showing the remaining balance. I am not sure it the dealership received a letter similar since they are the ones who technically paid for it. But there was NO reference of the dealership at all in my letter. But when I called, the rep from Santander I requested they send me all documentation so i can go over this with my accountant so I can resolve the issue since I have had fraud alerts on my credit report earlier in the year. I just want to make sure everything is good to go and correct. They refused to send any info what so ever. So I requested them to remove this from my credit report and to show paid in full since this is a dealership situation not mine. I was still wondering why did i receive this letter and not them. Did I actually pay this through my Treasury Account? I will never know.... or did the dealership pay in on my behalf?
Now my question is, based on the threatening phone call; demand for FULL payment, the violations I received from the Santander Rep under the FDCPA above violations, TCP with No prior warning what would be the process to bring a suite against this company for all that and the anguish this has caused me?
Your legal advice will be most appreciated.
Vince