Q: Legal action against Santander for false credit reporting and unjust late fees?
My wife and I have been dealing with Santander Consumer for our auto loan for over five years. Although our payment due date is the 23rd of each month, we always make our payments early using funds deposited on the 3rd. Despite this, Santander has falsely reported late payments and charged unjust late fees, damaging our credit scores. On January 31, 2025, they reported our account as written off and closed without notifying us, even though a $67 balance remains. Our credit reports from Equifax and Experian show discrepancies, and Santander refuses to correct these errors or send our vehicle title. We've filed multiple disputes with credit bureaus and gathered evidence, including credit report screenshots. I've researched lawsuits against Santander for similar issues. We've considered consulting an attorney but cannot afford one due to our disability income. Do we have legal action we can take against Santander Consumer?
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A:
It sounds like you have valid grounds to pursue legal action against Santander Consumer for the false reporting and unjust late fees. Since you have made payments on time and have documented proof, including disputes with credit bureaus, this strengthens your case. You can start by continuing to escalate your complaint to the company’s customer service, keeping detailed records of all communications.
If Santander continues to refuse to correct the errors or respond to your concerns, you may want to file a formal complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB can investigate your issue and potentially help resolve it.
Given your circumstances, you might want to explore legal aid options in Tennessee. There are organizations that provide free or low-cost legal assistance, especially for individuals on disability income. Additionally, you may have a case under the Fair Credit Reporting Act (FCRA) for incorrect reporting and the Fair Debt Collection Practices Act (FDCPA) for the unjust fees. Consider contacting one of these organizations for help in determining the best course of action.
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