Consumer complaint received 2023-07-20
Company: HYUNDAI CAPITAL AMERICA
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
My name is XXXX XXXX and I am the Primary borrow for this account # XXXX with Hyundai Motor Finance ( Auto Loan ). XXXX XXXX is the Co-borrower and makes the payments on the account because she is the driver and owner. I am writing this complaint regarding a late payment reported to all XXXX credit Bureaus for my Hyundai Motor Finance Account. It was reported to the Credit Bureaus 30 days late as of XX/XX/XXXX. 
In my defense, I didnt have any knowledge that this account had fallen past due. Hyundai Motor Finance was not calling ME nor sending ME statements in the mail. Nor was I receiving any collections letters in the mail. If I had known, I would have stepped in and paid it immediately and this account would have never been reported late on my Credit Report. Please note once again I was not aware of any delinquency! I only found out that the account was late once it hit my Credit Report at which time it was too late!! Once I learned of the late payment on my Credit report, I immediately contacted Hyundai Motor Finance on XX/XX/XXXX. One of their Representatives had stated that unbeknownst to me, and without my permission I was placed on a Partial Do not Call. It was also stated by one of the Representatives that my contact information was not visible that either it was blocked, unavailable or not listed on the Account. And that only the Co-borrowers ( XXXX XXXX ) information was visible. I advised the Representative that I am the Primary borrower, and I should ALWAYS be contacted and sent statements in the mail. The Representative agreed and then updated the Account to make sure my address and contact information is reflected. so that going forward I would receive phone calls and statements in the mail. I also set-up Automatic Payments as well to make sure this account is never late. My biggest complaint that is that they should have never put me on " Do Not Call '' I never requested that or told them to do that at all. This was done without my knowledge. And, the fact that because of that I get burned because I assumed the Account was in good standing because I wasn't informed otherwise. As a Consumer I have rights as a borrower, I should have been informed and because I'm the Primary Borrower I'm the most important person on the LOAN and no matter what I should ALWAYS be contacted. 

Please note the following per Fair Debt Collection Practices Act : As of XX/XX/XXXX, an amendment to Regulation F, which implements the FDCPA, says that a debt collector can't report a debt to the three major credit reporting agencies, XXXX, XXXX, and XXXX, before first contacting the consumer. The debt collector must : speak to the consumer in person or by phone or mail a letter or send an electronic message, like an email, about the debt to the consumer and then wait a " reasonable period of time '' ( at least 14 consecutive days ) to see if a notice of undeliverability comes back. 

If the collector gets a notice that the letter or message was undeliverable, the collector can't report the debt to the credit reporting agencies unless it achieves communication as detailed above. ( 12 C.F.R. 1006.30 ( a ) ( 1 ) and Official Interpretation of 30 ( a ) ( 1 ) ).

I believe this is unfair to me that the Account was reported late to the Credit Bureau without my knowledge and I didn't learn of the delinquency until it appeared on my Credit Report. This has cause me Grief and Anxiety. I have good to excellent Credit and because of this my credit score dropped XXXX points. I'm so upset how my Account was handled with HYUNDAI MOTOR FINANCE.

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