Consumer complaint received 2024-02-04
Company: HYUNDAI CAPITAL AMERICA
State: AR
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
First I have several situations pertaining to this matter. I was only able to click one. So I will list the rest within this complaint. My vehicle was repossessed in XXXX XXXX Texas while visiting family for XXXX. I dont live in the state of Texas XXXX I live in Arkansas. So when they repossessed my vehicle which I feel they shouldve told me knowing that Im a resident of Arkansas that they was taking the vehicle. It was parked outside of a hotel. By them doing this me and my family was stranded in Texas for over 2 weeks. I never once hid the vehicle. When I arrived to retrieve my belongings out of the car. There was real bad front bumper damaged done to the car. Looks as if it was hanging at some point. Due to the zip ties I saw. That was not there. I called the finance company and they told me to contact the towing company. Which I feel the finance company shouldve done since they hired this company. They damaged my property. I have a video of the car. There also was a dent that wasnt there either. It was right above the fender on the drivers side above the tire. The ONLY documented damage to my car was on the passenger side due to someone side swiping me. That happened in XX/XX/XXXX. It was scheduled to repairs in XX/XX/XXXX. That couldnt happen when they had repossessed my vehicle in XX/XX/XXXX. Next, they really didnt give me the opportunity to try to get my vehicle back. They sent a letter stating that they have my vehicle and something about it being sold. They did not send me any information about the sale of my vehicle, the date, time nor the place of the auction. So this wouldve gave me a chance to retrieve my vehicle back. According to the Arkansas law. They was supposed to notify me through a letter. Texas law is the same as well. So with that, that gave me NO chance at ALL to try to get my vehicle back in good standing. This financial company really doesnt work or try to work with you on your financial breakdowns. They dont refinance, they offer one hold back if you cant pay your note. But it has to be in good standing. Ive tried to get back on track. There was things that transpired while trying to pay for my loan. Missing lots of work due to workplace injurys, roommate left, left me with all of the responsibilities while they broke our lease doing so. Family members getting XXXX at that time it was 14 days so it was lots of things that had me behind. But for them to not notify me of the sale and damages my vehicle feels like a cover up. They sent me a letter saying how much it was sold for. They sold that vehicle for XXXX which was way below its value. They didnt try to get the face value of my vehicle. Which was a XXXX XXXX under XXXX miles brand new tires Hyundai Motor Finance company sold my car and didnt make an effort to sell my vehicle for fair market value. I want to know when and where & who has my vehicle. They are asking me to pay XXXX}. Which I know is incorrect. My property was damaged by them and the towing. They breached my peace so bad and leaving me and my family stranded in another state. That amount needs to be adjusted to cover the damage they caused. Heres a list of things they didnt do for me THE LAW SAYS, and I quote : the lender is legally required to send you a notice that includes important information before your car is sold. You also have the right to " redeem '' your vehicle after it has been repossessed by paying the total remaining balance along with any repossession costs. However, you must exercise this right before the vehicle is sold They did NOT do any of these things so I could at least had a chance. As of right now XXXX cant afford to have a wage garnishment. Ive already took the first steps to filling bankruptcy. Also, and I quote : They must send you written notice prior to the sale stating : a description the vehicle that it is a sale that you are entitled to an accounting of the unpaid indebtedness and any charge for an accounting the time and place of a public disposition or the time after which another disposition is to be made any liability for a deficiency a telephone number to redeem collateral a phone number or mailing address from which more information about the sale is available NONE of this was done for me or too me. I feel like by them NOT doing these things They really didnt want me to have my vehicle back or work with me to give me a chance. This wasnt my first vehicle with this financial company. My first one ended with them due to the fact that I was reared with having that vehicle 7 months. So I dont know why they didnt work with me, or provide any assistance or information that couldve possibly helped me.

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