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I have an auto loan with Santander consumer, I believe they are being dishonest. I've overpaid my loan. Is this legal??

Denver, CO |

I recently paid $1,870 because that is what I was told the balance was on the phone. This is my second attempt to pay the car off completely. The last time they said I owed a bunch of interest fees totally over 3000 after I paid off the car. This time I called ahead to make sure the amount was correct so the same thing didn't happen. I paid by money order and called to make sure it was paid off. I was told it was overpaid by 571.94 and to get that money back I had to send 26.86 and wait 6 weeks for the money. If it wasn't paid by 2/20/14 I forfeit the $. I got a letter from collections after that saying I had to pay the $ by 12/23/13 but that the account wasn't paid off. The next letter says by 2/20/14 for unpaid fees and charges. This was a 60 month loan I have now paid 81 months.

Attorney Answers 2

Posted

I would ask for an itemized accounting from them as to all payments made and why they are contending that you owe additional funds. You should also do an itemized accounting and use the loan amortization schedule as an example as well. You then can compare your calculations with theirs. If you can not reach an agreement with them and they are still off, I would consult an attorney for a free initial consultation and talk with the attorney about the benefit of writing them a letter on your behalf to address the discrepancies

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

With the little information that can be communicated on this forum, I cannot say whether this is or is not legal. However, I can say from what you have posted that I have very real concerns that you this is not legal.

Mr. Leroi gave you very good practical advice. Stand up for yourself, and ask them to cooperate with you in understanding where all of these charges and fees came from. In order for such charges and fees to be legitimate you must have agreed to them in the loan contract or they must be authorized by law. If the company refuses to cooperate, you may want to consider filing a consumer fraud complaint with the Colorado Attorney Generals Office or consulting a civil trial attorney for a free consultation.

I hope this answer provided some helpful guidance.
Jason

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