Consumer complaint received 2018-12-19
Company: HYUNDAI CAPITAL AMERICA
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
Every day beginning on the XX/XX/XXXX of each month, XXXX XXXX XXXX - 3rd party collection department calls me about my payment being late. My payment is due on the XX/XX/XXXX. They call 4 or more times a day, do not leave messages, and at least 2 of the  calls are now originating from an Unknown number. I answered this unknown number today, I had to ask repeatedly who was calling and the person kept asking me who I am instead of identifying herself as being with XXXX XXXX XXXX ( XXXX ). I have spoken with XXXX several times this year, and they record their calls. I have informed them that as of this year XX/XX/2018, my payday was changed to the 4th Wed of every month. I asked if they could move my payment date so my payments would be on time instead of 9-15 days late depending on the month. I was told to defer the payment instead. The person did not advise at that time that to qualify for payment date change, I can not have any extensions or deferred payment for 6 months. In XXXX, I asked them for help with my payment date change and was steered to a deferral of the payment to the end of my term. I was not advised that I would not be able to change the due date if I agreed to this action. I have called and written to them several times about changing my due date. This loan over 3 years old and I have never been 30 days late. However, they have deferred several payments and never informed that the due date change could only occur if the deferred payments did not occur within the past 6 months. They are now harassing me with calls the day after the XX/XX/XXXX, refuse to identify themselves, do not leave any messages, and now the calls are escalating in number to 4 or more times a day with some of these calls being from an unknown number. I feel harassed and I have several XXXX and illnesses where this harassment is creating unnecessary stress and duress. I have informed XXXX that I will continue to make payments and that their tactics are the reason the collection calls continue. Had they advised me of the due date change option accurately and appropriately, there would be no need for collection calls as my payment would be on time each month instead of 9-15 days late. I would also not being paying unnecessary interest and fees if they had informed me of this choice accurately instead of deferring multiple payments throughout the term of my loan. I still paid them within 2 weeks of the deferrals when I received my money. However, they do not apply the payment or any overage payments ( I almost always send more than the payment amount due ) to the principal balance of my loan as I have instructed on numerous occasions through their website and speaking to customer service. Instead, they lower the payment amount due on the next month. I feel like this loan should have a lower principal balance due to the instructions I tendered for application of my payments, and the harassment should stop. Stress exacerbates my illnesses, and harassment from XXXX is causing stress for me at this point. They have violated the FDCP in numerous ways as well as conduct predatory application of the money I send to my principal balance.

Company response to consumer: Closed with non-monetary relief