Legal Question in Credit and Debt Law in California
Do I have a case? Santander Consumer USA
California
On Sept 1st 2010, I refied a Citi Auto loan with my Credit union, I have a a copy of the cancelled check proving I paid the loan in full. I used ACH payment for cite and never had a late payment. Because my auto payment was the 3rd of every month, Citi auto advised me to put a stop payment on my Sept 3rd Payment, and I did so. On Sept 2nd 2010, my 12k loan was paid in full. On Sept 3rd citi attempted to debit my reg ACH payment and this payment was stopped. On Sept 6 Santander USA bought out my loan. On Sept 11th, Santander posted a stop payment, but instead of applying it to my Sept 3rd payment after being paid in full, Santander applied the stop payment to my Aug 3rd Payment. I gave santander Bank statement proof that my August 3rd payment cleared and was not stop nor was returned to my account. US Bank also sent Santander a letter confirming my August 3rd payment cleared my Bank account and was not returned. 104 days later and about 40 phone calls later, Santander still claims I owe the August 3rd Payment. They would harassment me and call me 10 times a day, to the point I sent them a ceast and desist letter, that stopped the phone calls but has not stopped the problem. My credit score has dropped 80 points this month because Santander reported me being 30 and 60 days late. I am attempting to refi my house right now and the credit hit will hurt this. I can easily prove I paid this loan in full and its obvious Santander made a mistake and citibank as well. This will be an easy case for a CA lawyer. Please contact me pm. If you Google Santander Consumer USA there is a def pattern that may be Class Actionable?
1 Answer from Attorneys
My god, You want a free answer to all that? good luck.