Product: Credit reporting or other personal consumer reports

Hyundai Capital America Subject : Formal Dispute and Cease-and-Desist Regarding Fraudulent Auto Loan FTC Holder Rule, FCRA, and Florida Consumer Law Violations Dear Hyundai Capital America , This letter serves as a formal dispute of the fraudulent auto loan associated with the vehicle purchased from XXXX XXXX XXXXXXXX on XX/XX/XXXX, and a demand for immediate cessation of all negative credit reporting, collection efforts, and loan enforcement related to this account.

Summary of Fraud and Dealer Misconduct : Over {$15000.00} in unauthorized add-ons were included in the finance contract without my knowledge or consent.

I was overcharged {$2000.00} over the agreed sales price, and XXXX XXXX XXXX, General Manager at XXXXXXXX XXXX XXXXXXXX, has confirmed in writing that this overcharge occurred.

I directed that the overcharged amount and cancelled product refunds ( including XXXX {$1100.00} ) be sent directly to Hyundai Capital to reduce the loan balance. XXXX XXXX has refused, citing a demand for me to sign a release of liability, which is illegal and coercive. 

I have submitted clear documentary proof of the fraud, including emails from XXXX XXXX and dealership staff, as well as cancellation requests and payment evidence. 

Despite this, Hyundai Capital

has continued to demand payment, report derogatory marks to credit bureaus, and refused to take action against its dealership partner, while benefiting financially from a loan created through fraudulent misrepresentation. Refusing Refund Unless I Sign a Release Is Illegal XXXX XXXX acknowledged that I was overcharged by {$2000.00}. He is illegally withholding a refund

until I sign a legal release waiving my claims. This is prohibited under both state and federal law. Relevant legal principles include : Restatement ( Third ) of Restitution 2 ( 1 ) : A person who benefits through wrongful conduct is liable in restitution.


Puma v. Auto Club Ins. Assn, 282 Mich. App. 210 ( 2009 ) : A release can not be required in exchange for a refund legally owed. Florida Statutes 501.204 ( FDUTPA ) : Prohibits coercive practices and entitles consumers to relief for deceptive and unfair trade conduct. I am not required to waive legal rights to receive a refund of funds that were unlawfully obtained. At most, I can be asked to acknowledge receipt of payment, not to sign a release. FTC Holder Rule Your Legal Liability Under the FTC Holder Rule ( 16 C.F.R. 433.2 ), as the financing company that accepted assignment of the contract,
Hyundai Capital is directly liable for all claims I could assert against XXXXXXXX XXXX XXXXXXXX : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER This rule allows me to seek a full refund of all payments made to Hyundai Capital, as well as a complete defense against repayment.

FCRA Violation False Credit Reporting You are reporting false and incomplete information about this account to credit bureaus in violation of the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ), including : Inaccurate loan balance Late payments based on fraudulent and disputed terms Reporting of an account where the true amount owed can not be determined due to unresolved fraud Meeting With XXXX XXXX Admission of Misrepresentation On XX/XX/XXXX, I met with XXXX XXXX , Finance Manager at XXXXXXXX XXXX XXXXXXXX. He admitted that multiple add-ons were added to the contract without full disclosure. This admission further proves the contract was created through misrepresentation and deception, violating both Florida and federal consumer laws.

Hyundai Capital Must Now Act Since XXXXXXXX XXXX XXXXXXXX has refused to issue refunds directly to Hyundai Capital, I am demanding that you now coordinate directly with them to : Arrange a date and time for the return of the vehicle to XXXXXXXX XXXX XXXXXXXX, and Inform me in writing when and how all payments made on the loan will be refunded to me.

Your failure to act is enabling ongoing fraud, and your continued demands for payment are a violation of the FTC Holder Rule and the FCRA.

Immediate Demands You are hereby required to : Cease and desist all credit reporting and collection activity related to this loan.

Delete all late payments and negative items associated with this account from my credit reports.

Coordinate the vehicle return and refund of all loan payments, and inform me of the steps.

Acknowledge your legal obligations under the FTC Holder Rule and provide a written response within 5 business days. 

Enclosed Evidence : Sales contract with unauthorized fees Emails from XXXX XXXX and XXXX XXXX Signed product cancellation forms Proof of overcharge and refusal to refund XXXX XXXX demand for a release Communications where Hyundai Capital was CCd Final Notice If no resolution is provided by [ insert date 5 business days from today ], I will proceed with : Filing complaints with the CFPB, FTC, and Florida Attorney General Initiating legal action under the FTC Holder Rule, FCRA, FDUTPA, and common law claims for fraud and restitution I reserve all rights and claims for damages resulting from your inaction. Govern yourselves accordingly. 

Sincerely, XXXX XXXX