Consumer complaint received 2019-12-25
Company: HYUNDAI CAPITAL AMERICA
State: MS
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
It is a fact, KIA MOTORS FINANCE hereinafter referred to as Kia '' is a debt collector pursuant to 15 U.S. Code 1692a ( 6 ) and violated 15 U.S. Code 1692e ( 11 ) by failing to disclose in their initial written communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose and this was not disclosed at least 18 times thus far. Kia has violated several sections of the Consumer Credit Protection Act including but not limited to sections of the Truth In Lending Act ( TILA ), Fair Credit Reporting Act ( FCRA ), and the Fair Debt Collection Practices Act ( FDCPA ) which have been summarized in the attached Affidavit of truth and statement of damages. Kia violated TILA Section 125 ( 15 USC 1635 ) as well as title 12 of the Code of Federal Regulations ( CFR ) Section 1026.23 ( Regulation Z ) by failing to disclose the obligor 's right to rescind the credit sale in accordance with the rescission model forms provided in Appendix G and Appendix H of Regulation Z. Pursuant to TILA Section 111 ( c ) also codified as title 15 USC 1610, ( c ) in any action or proceeding in any court involving a consumer credit sale, the disclosure of the annual percentage rate as required under this title in connection with that sale may not be received as evidence that the sale was a loan or any type of transaction other than a credit sale. Because of the fact that Kia failed to disclose the obligor 's right of rescission and the forms to rescind the transaction, Kia violated " 12 CFR 1026.23 ( c ) Delay of creditor 's performance '' which states " unless a consumer waives the right of rescission under paragraph ( e ) of this section, no money shall be disbursed other than in escrow, no services shall be performed and no materials delivered until the rescission period has expired and the creditor is reasonably satisfied that the consumer has not rescinded. I never waived my right to rescind the credit transaction which means that Kia violated this section over twelve ( 12 ) times since the funds were never disbursed into escrow since day one even though the right of rescission was not waived by myself or the co-signer. 

Pursuant to FDCPA Section 812 ( a ) which states " it is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating '', Kia sent me several deceptive forms indicating that the credit sale was a loan. On behalf of Kia, XXXX XXXX stole my vehicle on behalf of XXXX XXXX XXXX who is an unauthorized third party debt collector and I did not give prior written consent to have third party communication which is a violation of FDCPA Section 805 ( b ). Kia has violated several of my federally protected consumer rights by violating several sections of the Consumer Credit Protection Act, Truth in Lending Act, Fair Credit Reporting Act, and Fair Debt Collection Practices Act which are detailed in the attached Affidavit of Truth w/statement of damages. In addition to these facts, Kia mailed me a deceptive form ( included with my attachments ) titled " Explanation of calculation of surplus or deficiency '' which they intentionally " blacked out '' /omitted line 4 " expenses '', line 6 " total amounts paid on your behalf to other secured parties '', line 8 " credit/rebate ( as calculated as of the above date ) '', and also intentionally sent me only the first two of 220 pages that should have been included with this deceptive form. Also, it was not fully disclosed to me that the Seller-creditor " XXXX XXXX XXXX '' would be receiving the amount financed as well as the finance charge just because we signed the contract and chose to buy the vehicle on credit. We were under the assumption that the Seller-Creditor " XXXX XXXX XXXX '' would only be receiving the amount financed. 

Pursuant to TILA Section 106 also codified as 15 USC 1605, the finance charge is the " sum of all charges '' and we were charged much more than the finance charge.

Kia also attempted to sell the debt to a third party by the name of XXXX XXXX XXXX, who we also attempted to contact and they have also violated our federally protected consumer rights which have been detailed in one of the attachments including but not limited to FDCPA Section 805 ( c ), 807 ( 2 ) ( A ), 807 ( 2 ) ( B ), and others.

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