Consumer complaint received 2022-08-05
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:
HYUNDAI CAPITAL / KIA MOTORS FINANCE / XXXX My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against HYUNDAI CAPITAL / KIA MOTORS FINANCE , for committing identity theft. I have never given HYUNDAI CAPITAL / KIA MOTORS FINANCE, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ).

I have not validated any alleged debt with HYUNDAI CAPITAL / KIA MOTORS FINANCE and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of 8/3/2022, I have not received any documentary evidence, such as a trilateral contract, giving HYUNDAI CAPITAL / KIA MOTORS FINANCE any right to collect on this alleged debt.

I have never received any documentation requesting validation from HYUNDAI CAPITAL / KIA MOTORS FINANCE, before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If HYUNDAI CAPITAL / KIA MOTORS FINANCE, can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation.

I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until HYUNDAI CAPITAL / KIA MOTORS FINANCE, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and HYUNDAI CAPITAL / KIA MOTORS FINANCE, continues its collection efforts, I will file for litigation for actual damages caused and HYUNDAI CAPITAL / KIA MOTORS FINANCE, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f.

The definition of a Charge Off, pursuant to 7 CFR 1956.54, is The writing off of a debt and termination of collection activity without release of personal liability.

The status of this account reporting as a Charge Off is an inaccurate account, which is a violation of 15 U.S. Code 1681e ( b ).

Referring to the IRS Publication, Publication 4681 Cat. No. 51508F Canceled Debts, Foreclosures, Repossessions, and Abandonments ( for Individuals ), Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return unless one of the exceptions or exclusions described later applies. '' Pursuant to 26 U.S. Code 61 ( a ) ( 11 ) - Gross income defined Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including ( but not limited to ) the following items : Income from discharge of indebtedness.

As defined by the IRS, even if you didnt receive a Form 1099-C, you MUST report Canceled Debt as Gross Income on your tax return, according to the IRS. For an account to be Charged Off, the debt had to have been Canceled. Canceled Debt must be reported as Gross Income on a tax return. Its illegal to report Income to my consumer report.

According to Publication 4681 Cat. No. 51508F Canceled Debts, Foreclosures, Repossessions, and Abandonments ( for Individuals ) Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. The IRS clearly explains that if my debt is canceled then the lender, which is yourself, MUST file a 1099-C.

If ( HYUNDAI CAPITAL / KIA MOTORS FINANCE ) has filled out a 1099c form and is continuing any kind of collection activity as defined under 31 U.S. Code 3711 ( e ) by performing any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to the credit reporting agencies, garnishing wages, pursuing litigation or foreclosure, you are committing tax fraud and should be reported to the IRS for a fraudulent financial gain. 

I am aware that a 1099-C must be mailed to consumers by January 31st the following calendar year in which the identifiable event occurs. I did not receive anything which is a violation. If your company has mailed me a 1099-C, please provide documentary evidence, such as a tracking number, that proves I in fact received and was aware of a 1099-C.

Referring to the IRS Publication, Instructions for Forms 1099-A and 1099-C ( Rev. January 2022 ) Acquisition or Abandonment of Secured Property and Cancellation of Debt. " Form 1099-C must be filed regardless of whether the debtor is required to report the debt as income. '' If the canceled debt was not more than {$600.00}, ( Company Name ) is still required to report the debt as income to the IRS.

The continued reporting of this inaccurate information is a clear violation of 15 U.S. Code 1681s-2 of your responsibilities as a furnisher of information & 15 U.S. Code 1681e ( 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