Consumer complaint received 2023-09-10
Company: HYUNDAI CAPITAL AMERICA
State: FL
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:
Hyundai Capital America received a negotiable instrument number XXXX to pay off the above-referenced account. On or before XX/XX/XXXX Hyundai Capital America endorsed the Negotiable Instrument and credited my account. I received correspondence from Hyundai Capital America confirming that the Instrument was accepted, and the account was paid in full. However, on or before XX/XX/XXXX I noticed that the negotiable instrument had been dishonored and my account had been reversed. I never received notification of the reversal and the negotiable instrument was never returned with a written explanation of why it was an unacceptable form of payment. 

On XX/XX/XXXX, I received a call from an Agent at Hyundai Capital America asking me to give them back the title to the car. I repeatedly explained that I never received a title in the mail. ( Unaware that vehicle titles no longer get mailed but are now done electronically and must be picked up at state title agency ) On XX/XX/XXXX, I woke up around XXXX XXXX in the morning to go get my heating pad out of the car because I was in so much pain after my recent XXXX XXXXXXXX on XX/XX/XXXX, only to walk out of my house to find that my car had been stolen. 

The following day, I called the XXXX XXXX XXXX XXXX to report my car stolen only to be informed that Hyundai Capital America had enlisted or hired XXXX XXXX XXXX XXXX to seize my vehicle. The theft of my vehicle was unjustified because I was not in default on my loan agreement. 

I want to bring your attention to the first line of Hyundai 's Arbitration Clause which states EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION The arbitration clause further states that Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the Vehicle, to recover a deficiency balance, or for individual injunctive relief. 

If Hyundai Capital America had any grievance with me with regard to the terms of the agreement or the negotiable instrument that was presented for tender of payment, then Hyundai Capital America should have upheld the terms of the agreement and disputed the allegations through the arbitration process. 

Instead, Hyundai Capital America chose to willfully violate the law and the agreement by using self-help remedies and malicious behavior, such as the theft of my vehicle, threatening to file a civil action against me, reporting inaccurate information to all 3 credit bureaus, and using intimidation tactics to recover a deficiency balance that was caused by a clerical error from Hyundai Capital America . 

I later discovered that Hyundai Capital America 's actions were intentional because Hyundai Capital America was not legally competent to process a negotiable instrument. Ignorance of the Law is not an excuse to hold me legally responsible for Hyundai Capital Americas clerical errors. Hyundai Capital America used the language check when a conspicuous statement of sufficient type size was clearly readable and placed on the negotiable instrument which states, This MUST be Processed/Deposited as a Negotiable Instrument. It was expected that the negotiable instrument be thoroughly examined by Hyundai Motor Finance. 

The following are the violations that Hyundai Capital America committed against me 1. ) Hyundai Capital America has violated the Uniform Commercial Code by dishonoring my negotiable instrument/note presented for tender of payment. Florida Statute 673.5021, 673.5031, and 673.505. The holder of the instrument must issue a notice of dishonor before midnight of the next banking day within 30 days. The negotiable instrument was sent to Hyundai Capital America in XXXX, and my account was credited and reflected a XXXX balance. In XXXX, Hyundai Capital America reversed the charges and dishonored the negotiable instrument. Until this day, I have not received correspondence from Hyundai Capital America informing me of a dishonored instrument. 

2. ) Violated the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Act ( CFPA ) by closing my account and reporting the final balance as a charge-off. A charge-off means a company has written off a debt which typically follows 180 days or six months of nonpayment, and the company believes it will not receive the money that its owed. This is usually when the account has reached default and a repossession takes place, however ; this was not the issue in my case. Although I submitted the negotiable instrument in good faith, I never stopped making my monthly payments to my account. Even the last correspondence from Hyundai Capital America to me dated XX/XX/XXXX, states Your account is also currently 0 days PAST DUE IN THE AMOUNT OF {$0.00}. Making Hyundai Capital America 's actions unlawful and not considered a repossession but an act of grand theft. Hyundai Capital America violated Section 623 ( a ) ( 2 ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 2 ) Sections 623 ( a ) ( 8 ) ( E ) and 623 ( b ) ( 1 ) ( E ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) and ( b ) ( 1 ) ( E ).

3. ) Hyundai Capital America failed to follow the proper procedures for repossession and sale of my vehicle, which resulted in wrongful repossession. According to Section 493.6404 ( 2 ) ( d ) ( e ), f.s. Five ( 5 ) working days after the repossession I was supposed to receive a written notice of the location of my personal items and the procedures for reclaiming them. I never received a notification from XXXX XXXX XXXX XXXX. Additionally, XXXX XXXX XXXX XXXX was supposed to provide me with a disposal notice and give me an opportunity to collect my personal items. XXXX XXXX XXXX XXXXXXXX disposed of my items without sending me a written notification by the United States Postal Service. Lastly, I made an appointment to pick up my personal items on XX/XX/XXXX with XXXX XXXXXXXX XXXX XXXXXXXX. Only to find out that XXXX XXXXXXXX XXXX XXXXXXXX towed my car to an undisclosed location on XX/XX/XXXX. XXXX XXXXXXXX XXXX XXXXXXXX intention was not to allow me to pick up my personal belongings. According to Section 493.6118 ( 1 ) ( f ), f.s is a form of deceit. I have a recording of a representative from XXXX XXXX XXXX XXXX stating the car had already left and that I would need to contact the bank to retrieve the rest of my personal items. 

4. ) Defamation of Character : Hyundai Capital America reported inaccurate information to all three ( 3 ) credit bureaus ( XXXX, XXXX, XXXX ) which has reduced my credit score and decreased my buying power. Section 623 ( a ) ( 2 ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 2 ) Sections 623 ( a ) ( 8 ) ( E ) and 623 ( b ) ( 1 ) ( E ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) and ( b ) ( 1 ) ( E ). 

5. ) Breach of Arbitration Agreement : The arbitration agreement applies to both parties, not just to the consumer. Hyundai Capital America used coercive power and malicious behavior with the sole purpose of making the consumer the scapegoat for their clerical error. Section 768.737, Florida Statue. All corporations dealing in commerce must abide by the rules and the laws of the Uniform Commercial Code.

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