Consumer complaint received 2022-12-21
Company: HYUNDAI CAPITAL AMERICA
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
THIS IS NOT A DUPLICATE COMPLAINT SUBMISSION I am XXXX XXXX, XXXX of the Note that was created via the Application done with XXXX XXXX Kia, which created the CREDIT. I was never informed or aware I would be an investor/party in a asset backed securities. According to the agreement on hand, my obligation was concluded from inspection of the transaction. I was also not informed that Kia Finance was a licensed DEBT collection agency as I was told Kia Finance America is a Financial Institution. The document I received from Kia Finance XX/XX/XXXX " Notice Of Our Plan To Sell Property '' clearly states This is an attempt to collect a debt. Any information obtained will be used for all purposes. This is a clear violation of my rights pursuant to the FDCPA. I am also confused as to the false and misleading correspondence Kia has sent me with the terms Money Amount Owe that evidenced the actions of a Debt Collector. Is Kia Finance a Financial Institution or are they in the business of collecting Debts?

Kia Finance has claimed I have broken promises in our agreement but has failed to disclose specifics as to how I have broken Any alleged promises made, nor have they responded to any of my written correspondents via registered and certified mails, demanding Kia Finance to provide me the way to pay them monies owed. Gold, Silver, coffee beans, legal tender, or the form of currency they are demanding PAYMENT.

Apparently Kia Finance was acting above the law or just ignorant to them but ignorance of the law is no excuse. We the People were made private bankers according to the law with the authority to issue notes to discharge lawful debts. This must remain in effect until money and the property is returned to We the People without any encumbrances. XXXX  XXXX : Now, there-fore be it. resolved by the Sensate and the House of Representatives of the United States of America in Congress assembled, That ( a ) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy : and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, hereafter or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, Shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. '' XXXX 's XXXX XXXX, XXXX page XXXX, defines " Banking '' : " The business of banking, as defined by law and custom, consists in the issue of notes .... Intent to circulate as money .... 

And defines a " XXXX 's '' Note '' as : " A commercial instrument resembling a bank note in every particular except that is given by a private banker or unincorporated banking institution. '' LEGAL TENDER DEFINED : Legal Tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) : The referenced Official Comment notes that the definition of money is not limited to legal tender under U.C.C. The test adopted is that of action of the government, whether by authorization before issue or adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view is limited to, legal tender is rejected. '' in light of the holding of [ XXXX Bank XXXX vs. XXXX, XXXX XXXX XXXX ( XXXX ) ] a Federal XXXX XXXX XXXX XXXX ruled on Title XXXX XXXX XXXX. As of XX/XX/XXXX, XXXX XXXX for discharge is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. Requirement of repayment of debt is against Public Policy, since legal tender was not loaned [ nor in circulation ] A payment or repayment is to be made in equivalent kind ; A negotiable instrument which I have not once received from Kia Finance America.

Despite all my efforts to resolve these claims, Kia Finance 's negligence and failure to provide the correct way to resolve the issue at hand left me without my property. Kia Finance has seized and deprived me of my private property : XXXX XXXX XXXX by taking possession without prior notice and has threatened to sell it. 

For the record, if Kia Finance America can provide me with the sum certain on the penal funds I have no problem to effect payment. 

I am a subject/national of the Republic of Florida as contemplated by the act of Congress evidenced and restated at 8 U.S.C 1101 ( a ) ( 2 ).

I am aware and know that the U.S bankruptcy is verified in the Senate report no. XXXX XXXX. XXXX, first session ( XXXX ), summary of emergency power statues, XXXX orders XXXX, XXXX, XXXX, and by XXXX order XXXX on XX/XX/XXXX under the Trading with the XXXX Act ( Sixty-Fifth XXXX, XXXX XXXX, chapters XXXX, XXXX, XX/XX/XXXX, as as further codified at 12 U.S.C. A 95 ( a ) and ( b ) as amended.

I believe under further review Kia Finance America may be in violation of Civil Rico Racketeering Laws 18 U.S.C 1964 as Kia Finance may have established a pattern of Racketeering activity by using mail and other means to collect an unlawful debt.

Lawful Money Exchanges Can Be Found at : 12 U.S.C 412 - U.S Code - Annotated Title 12. Banks and Banking section 412. Application for notes ; collateral required If proven there is a conspiracy to deprive of property without due process is various constitutional injuries under 18 U.S.C. 241. - Knowledge and neglect to prevent a United States Constitutional wrong. 

31 U.S.C 5118 ( d ) 2 None can ask for payment in a specific coin.

31 U.S.C. 3123 There is no money, so no one can demand payment.. The United States wil discharge debt dollar for dollar.

I am aware and know that legal tender, ( FEDERAL RESERVE NOTES ) are not good and lawful money of the United States. See Rains, State, 226 S.W. 18 I HEREBY notice that I am the executor of the Cestui Que Vie Trust of XXXX XXXX XXXX according to title 26 section 303 & 7701, companies, corporations, associations and trust are all descendants. This means XXXX XXXX XXXX IS A LEGAL ESTATE. XXXX XXXX XXXX falls into this class. I direct all of the affairs and financial affairs of XXXX XXXX XXXX XXXX

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