Consumer complaint received 2023-04-03
Company: HYUNDAI CAPITAL AMERICA
State: PA
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
Entered into a Vehicle Lease agreement with Hyundai Motors Finance XXXX ( XXXX ) on XX/XX/2022. 
Vehicle was involved in an accident on XX/XX/2022 and subsequently determined a total loss on XX/XX/2022 on Esurance claim # : XXXX Attempts by the claims XXXX to connect with ANYONE at XXXX were refused leading claims XXXX to instruct me via email on XX/XX/2022 to initiate the request for Payoff from XXXX. 
Multiple attempts by me between XX/XX/2022 and XX/XX/2022 to obtain payoff information using HMFUSAs XXXX routing to payoff requests were instead dumped into general customer service queue and answered by abusive collections agents. 
Ultimately on XX/XX/2022 XXXX PM XXXX received a verbal quote for a payoff amount of {$30000.00} good through XX/XX/2022 on a recorded line. That call was left with a guarantee from the call center agent that a payoff letter would be mailed out with that payoff information. That letter has not been received to this date. 
Payoff amount was provided to insurance XXXX, and subsequently a check was cut and delivered to XXXX in the amount quoted. Check was received, cashed, and referenced as a received payment on my account on XX/XX/2022 ( see Figure XXXX ). 
As of this date, XXXX refuses to apply the payoff delivered despite the fact that the account shows {$0.00} amount due ( see Figure XXXX ) and full payoff amount received before good through date. Additionally, XXXX continues to accrue past due payments on my account and refuses to close the account out in good standing as paid in full. 
I have made repeated attempts to rectify this matter with Hyundai Motor Finance, but have no clear direct path to anyone of any degree of authority within XXXX. The only manner of contact I do have is to call their general customer service number, route through their XXXX only to be dumped into the general customer service queue. Once in the general customer service queue I repeatedly have to sit through the customer service agent of the days irreverent collections script with the agent ultimately only caring about collecting a payment from me. I then, once again need to explain to the general CS agent that I am calling in regards to an ongoing matter in which XXXX is fraudulently attempting to claim funds owed to which they have no legal claim. If I am lucky I may be re-routed to an escalated customer support team to help me resolve the matter. The sole focus of this support team is to continue demanding payment of amounts Hyundai Finance is not contractually due. Most times the resolution from general customer service team ends the call instructing me to have my insurance company contact Hyundai Finance to settle the matter. 
I feel the issues I encountered getting my claim settled with XXXX is a demonstration of continued violations expanding the claims in XXXX. 

I contend that XXXX and their parent company Hyundai Capital America ( XXXX ) have a long standing practice of defrauding their customers who have been involved in a total loss of property by reference a statement in section 20 of their lease agreement which claims they are entitled to all insurance proceeds in the event of a total loss, even those funds above the fair contractual value of the vehicle. I believe this clause in their lease contracts constitutes willful predatory fraud on the part of XXXX and XXXX which they have been abusing for a significant period of time, defrauding millions of customers at a time when those customers have already suffered significant harm and loss. 
Further I believe that Hyundai 's inclusion of the fraudulent claim to undue funds is a flagrant violation of several Federal regulations protecting consumers from such behavior, most notably : 12 CFR Part 213 213.3 ( 2 ) General disclosure requirements : Segregation of certain disclosures 12 CFR Part 213 213.4 Content of disclosures. Specifically subparagraphs ( g ) Early Termination and ( o ) Insurance 15 U.S. Code 1667a ( 7 ) Consumer Lease Disclosures : brief description of insurance coverages Lessee and lessor adding claim to funds at loss in here violates subchapter 11 below 15 U.S. Code 1667a ( 11 ) Consumer Lease Disclosures : mechanics for early termination hiding entitlement to insurance proceeds violates this 15 U.S. Code 1667b ( b ) 12 U.S. Code 5531 ( c ) ( 1 ) ( A ) 12 U.S. Code 5531 ( d ) ( 2 ) ( A ) - adding claim to funds in required insurance coverage mentioned above 12 U.S. Code 5531 ( d ) ( 2 ) ( B )

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