Complaint Review: santander consumer - fort worth Texas

Actually, they don't care if you never reaffirmed. I didn't, and I still have a letter they sent me to try and get me to pay for the car. I bought a new one before they came and got it, because after paying for almost 6 years, they tell me I still owe $9000. That's a bunch of crap, so I bought another one, financed by a different company, and let them come and take it. When I received the demand letter, I went to see my attorney, and he said I did not reaffirm, so I am sending them a certified letter telling them it wasn't, and I will not be paying for the car. If I continue to get demands, I will file a complaint with the court, and they will have to pay ( big time) because they are wrongfully trying to collect. I don't know if that will change them ripping off others, but it will show them some people aren't putting up with their crap.

Santander is a Sub-Prime lender where you probably had a high interest, long term loan.  Because you went through a BK, one could figure that you had at least a few late payments and this may have added quite a bit to your loan balance.  So it may be correct.  But if your original loan was for 32K, and you have paid only about 38K, that is only 6K in interest over 8 years if you are thinking it should be paid off.  That works out to a low interest rate which is the exact opposite of the type of loans they generally offer.   So you do need to get all of your payment history together and perhaps as suggested an attorney who can review everything.

Now, if you truly do owe $8,400 you may have an "out" if you never were actually able to reaffirm your loan.  The BK laws allow you to continue to keep paying on loans for secured items(in your case a car) without reaffirming the debt.  The down side to this is that the car is still considered in BK and you are not getting any positive history on your credit.  The up side(and what may apply to you), is that at any time you can just say I no longer want to make payments on the car.  They will then take the car back but because it is under the BK, unlike a regular loan, you are not responsible for any remaining balance and can basically just walk away.  Granted if you need a car you of course can not use that car as a Trade-In, and would basically have to come up with cash for any down payment. 

Now, if you did reaffirm your loan, this no longer applies and need to either prove that they are wrong in their numbers or continue to make payments until it is paid off.  As just letting it go at this point would cause you additional issues.

Because only you and your attorney know the details of your BK this is something you need to talk to them about before you decide to do something like this. 

Consider hiring a forensic type accountant to review and analyze your record of payments and amounts plus the record supplied to you by Santander/Citibank/Citifinancial.  They can be expensive so you want to have your records in order first and only go to the next step if you can't correlate the balances. If it is more than your contract, as agreed when you signed it, then work yourself up the chain of command. If that doesn't work, you can take them to small claims court. However, this only works if your records are in order and correct.