Consumer complaint received 2021-12-02
Company: HYUNDAI CAPITAL AMERICA
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Debt was already Paid to Kia at the time of signing with a negotiable instrument which was a promissory note. 

1. There is proof because the law legally states Pursuant to 15 U.S. Code 1692 ( a ) ( b ) which states that The Congress has found abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. These abusive practices contribute to the invasions of individual privacy among other things which you Kia Motor are in violation as I never gave you my information directly ; 2. I a consumer in fact, agree with The Congress to eliminate abusive debt collection practices by debt collectors, and to promote consistent state action to protect consumers like me against debt collection abuses which you are attempting to do Pursuant to 15 U.S. Code 1692 ( e ) ; 3. Take Notice, that Pursuant to 15 U.S. Code 1692a ( 2 ) the term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium and in this specific case you Kia Motor used email, postal service etc. to communicate indirectly with me a consumer who is defined Pursuant to 15 U.S. Code 1692a ( 3 ) as any natural person allegedly obligated to pay any debt ; 4. Take further notice that when Kia Motor committed fraud when they created an account on my behalf; Pursuant to 15 U.S. Code 1693 ( a ) Account means savings account or deposit account. I the consumer have never done so nor will I ever. The language used on the bill was that youve given me XXXX but you say that I owe you. When a debt is owed it is shown with ( - ) before said amount, so this means that Ive been credited. As a consumer with open ended credit, I want my account credited. I am REFUSING TO PAY BECAUSE I AM THE MASTER CREDITOR AND ISSUER OF CREDIT. I am not giving you permission to cancel the terms of service and I will not be paying this alleged debt nor any future alleged debts. 

5. You Kia Motor shall also know that the term debt defined under 15 U.S. Code 1692a ( 5 ) comprehensively states that it means any alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes ; 6. Notice that you are defined as a debt collector Pursuant to 15 U.S. Code 1692 ( 6 ) which states that a debt collector is any person who uses any instrumentality of interstate commerce via mail and is engaged in the principal purpose of collecting debt which you are attempting to do by communicating with me without my prior consent in direct violation of 15 U.S. Code 1692c ( a ) ( 1 ) ; 7. You Kia Motor are also in violation of 15 U.S. Code 1692b ( 2 ) which states that you may not state that I, a consumer owes any debt. Furthermore, you have attempted to communicate with me on multiple occasion which is a violation of 15 U.S. Code 1692b ( 3 ) ; 8. You are also in violation of 15 U.S. Code 1692e ( 2 ) ( A ) by giving false representation of the amount of debt allegedly owed and the false representation or deceptive means to attempt to collect any debt Pursuant to 15 U.S. Code 1692e ( 10 ) ; 9. Take further notice that Pursuant to 15 U.S. Code 1692e ( 9 ) articulates that the use or distribution of any written communication which creates a false impression as to its source, authorization, or approval as you Kia Motor is stating that someone other then me a consumer in fact, is the creditor when I am the creditor Pursuant to 15 U.S. Code 1692a ( 4 ) ; 10. I hereby Demand! That you Kia Motor cease and desist all communication and attempts to collect this alleged debt Pursuant to 15 U.S. Code 1692c ( c ) ; 11. Take further notice that your failure to follow these laws will result in me invoking specified remedies Pursuant to 15 U.S. Code 1692c ( 3 ).

You have 10 days from the receipt of this notice to cease & desist all communication. I may seek damages Pursuant to 15 U.S. Code 1692k ( a ) ( 1 ) ( 2 ) ( A ) ( B ) ( 3 ) ( b ) ( 1 ) ( 2 ) ( d ).

TERMS DEFINED PURSUANT TO 15 U.S. CODE 1692a 1. The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.

2. The term consumer means any natural person obligated or allegedly obligated to pay any debt.

3. The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 

4. The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

5. The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.

6. The term location information means a consumers place of abode and his telephone number at such place, or his place of employment.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation