Finance Company sues yet another consumer for defaulting on a loan, knowing that the consumer never received title.

Helen Hatcher, resident of Jackson County, MO, bought a car from a dealership who arranged for her to be financed through Santander. The dealership never assigned the title over to Ms. Hatcher. Ms. Hatcher was unable to legally register the car, but continued to pay Santander for over two years, feeling as though she had no choice. Once Ms. Hatcher did stop paying for a car which she did not own, Santander carried out an aggressive campaign against her, repeatedly calling her and her employer, her neighbors and her relatives. Santander made negative reports to Ms. Hatcher’s credit reports and eventually filed suit against her for breach of contract.

Ms. Hatcher hired a Missouri Consumer Attorney to fight Santander’s claims and using the Missouri Merchandising Practices Act they reached a settlement.

Under SB 5, Ms. Hatcher would not have had a case against the finance company.