Hi folks,
I am new to this board - which I find to be absolutely fabulous!
The biggest headache I have is with the giant monster that is Santander. I have no clue how to summarize this so I apologize in advance for the long post. Please forgive that/me, I am usually short, sweet & to the point but this has been a 5 year ordeal with these issues.
I do not know what to do about them, they refused contact with my attorney and the state Department of Motor Vehicles. They continue to hurt me financially by remaining on my credit report as a CO but refused to communicate to resolve.
I'm curious if there is ANY recourse I have (in your humble opinions) to get them removed from my Credit Reports?
Overview:
* Purchased vehicle in TX in 2004, with Drive Financial.
*At some point either before or after my move to CA, Drive Financial was Acquired by Santander.
* Nov. 2007, I moved to CA and refinanced vehicle with HSBC. As a resident of CA now the vehicle was to be registered w/CA. I completed ALL paperwork, including the transfer of title application for the title to be transferred from TX to CA, got the refinance and had good payment history until losing my job in September 2008. I made payments but at times was 30-60 days late, but still MADE all my payments until Nov 09.
* At some point, Santander purchased HSBC's book of auto loans. NO surprise when I attempted to contact what I thought was still HSBC/was the new Santander for help in getting payment arrangements etc they REFUSED. Flat out REFUSED to accept anything less but the past due amounts - insisted $ be sent via Moneygram/western union (can't remember which) but fees were $15 just for that!
* When I attempted to inquire about the title issue, Santander REFUSED to let me speak to ANYONE other than collections department until I PAID my balance.
* My loan was charged in Jan/Feb 2010 (need to verify who reported the CO). The title issue was STILL ongoing!! I hired an attorney at that point (finally was working again after 18 months to afford to pay for one), who attempted to resolve the past due balance in exchange for the title issue to be fixed/expedited w/ agreeing to some sort of reinstatement/pif agreement etc.
*DMV contacted Santander who told them they had "no idea" where the title was.
* Santander never responded to communication attempts from me, my attorney or the State of CA DMV.
* Fast forward to 2011, my attorney QUIT on me because he said Santander does not return phone calls, certified letters and he can not make any money assisting me in it. (While I think that was questionable of him, I do know that he DID do alot on my behalf -I have copies). The DMV just in November 2011 REFUNDED my title fees for CA state because they had given Santander EVERY opportunity for years to provide the legally required paperwork and they did NOT. DMV told Santander again just before doing so and advised them they were releasing registration to the registered owner because they failed to comply and DMV had to remove themselves from any liabilities.
* The title issue stands unresolved at this point. I have possession of the vehicle (didn't hide it, attorney called Santander to resolve and they NEVER called back. He called the REPO company at one point when it first went into default because I was willing to pay but had become aware of the title issue and didn't want to pay w/o an agreement the title would be addressed. REPO guy told him this wasn't the first title issue he was aware of and HE would advise Santander to contact MY attorney. Never heard from ANY repo company again OR Santander!). Car is still in my possession, I do need it to get to/from work.
I'm so frustrated I don't know what to do! I had hoped to let a sleeping dog lie, and eventually rebuild credit from the unemployment phase and deal with returning the car when I had replacement. This CO is killing me financially if I need to rent, I can't get a small loan to even cover medical expenses (care credit) etc..
I know this isn't for legal advice, or credit repair for legitimate issues, but I am sure they have clearly broken some reporting laws. My attorney had NO success nor did the CA DMV getting Santander to comply or respond. With that, I feel like my only HOPE may be to somehow get the CO off my credit someway somehow.
I'll accept the lates, but the charge off I do not believe should legally be on there when an ATTORNEY and STATE agency could NOT get any response from them. We were literally offering MONEY, they amount they wanted, and they did nothing.
Here's how it shows:
HSBC started reporting 11/07 to EF, Exp & TU -under the HSBC account number.
EF reports all but one month "OK" (1 mo. in '08 was "KD") for 2008-2010. Feb '10 is the last month reported. Comments are "account transferred or sold". But it also says 120 or more days past due or more than four payments past due. {no balances are shown}
Exp reports the payment history which appears to be accurate for the same period. Feb '10 is the last month reported and is shown as "KD" with notes "account transferred to another office". {Blance showing $0.00.High balance $10,736.00}
TU shows no payment history and notes "charged off as bad debt" {Balance $9,676, High Balance $10,736.00}.
THEN it appears..again. This time under account number 3000013658830XXXX (i believe this was just after the acquisition)
EF reports this one as open 11/01/07 "pays account as agreed" and "account transferred or sold" {Balance $0.00, High Balance $10,736.00} - Company shows as HSBC/SCUSA
TU reports this one as open 11/16/07 w/"OK from Nov 08-Oct 10 w/one KD in 2009 (different month than the 1 month above that reported as KD). Showing balance $9,676.00, high balance $10,736.00 and past due $8,707.00. Status "charged off as bad debt", comments "profit and loss writeoff". Shows as just SANTANDER.
AND AGAIN....this time again as account number 3000013658830XXXX
Exp. Opened 11/1/07 - Bal $9,676.00, Past Due $8,707.00 - status "CO". This one reports from May 2010 to April 2012 as KD.
EF Opened 11/1/07 - Bal $9,676.00, Past Due $8,707.00 - Status "Bad debt & placed for collection & skip". Comments "Charged off Account".
it reports as "OK" from May '10 to Apr '12.
And the original loan appears as a different account entry - rather than listing the company as Drive, which it was, it switched to say Santander.
And no I was not past due 8k. It was approx. 1k, only after they tacked on late fees, penalties, etc. I was no more than 3-4 months past due at approx. $250. The title is STILL in Texas listing Drive Financial as the lienholder. My registration shows me only as registered owner, but they told me the car is non transferable.
Is there ANY hope?
I'm just looking to get educated about my rights & the ins and outs of Credit Reporting. I just hope there must be something I am missing and feel this is the right place to get some real help.
SO VERY SORRY for the loads of information. I have never done this before and am not sure what is relevant and what is not. Hoping someone has any suggestions for me. Thanks in advance and thanks again for motivating & inspiring others with your stories of success!
