Consumer complaint received 2016-12-08
Company: HYUNDAI CAPITAL AMERICA
State: CA
Product: Debt collection
Sub-product: Auto
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
I signed paperwork on XX/XX/XXXX, to lease a car from a XXXX Hyundai dealership. When I filled out the paperwork, I was required to list my home address and I listed my PO Box as my mailing address which is an entirely different zip code than my home address and both are listed on the lease. I do not receive mail at my address as I do not have a mailbox at my residence. I have never received a bill from Hyundai and assumed that it was part of a payment delay promo for the first three months. This was a promo that they had going on at the time. 

My car was repossessed last night on XX/XX/XXXX. I never received a phone message, written notice, email or any communication notifying me of the correct amount of my lease payment, the due date, missed payment, etc. When I called the police department they told me that my car had been towed. I contacted the Hyundai Collections Department and I was told that sending a bill is a courtesy, not a requirement. They sent the bill to the wrong address. I never even received the first bill with account information, options to pay, correct due date, etc. The collection office said that they do n't use email nor are they allowed to leave a message on my cell phone according to CA law. Is this correct? 

This is my second lease with Hyundai and I no history of late or missed payments and in fact, one rep I spoke to confirmed that they have my correct mailing address ( the PO Box ) on file. None of my information has changed over the last 5 years. One rep said that according to what is listed on my lease agreement, the bill was mailed to my home address. The amount of the debt owed that I was quoted is more than {$300.00} higher than what my total outstanding payments should be and I was told this included additional fees that I am responsible for even though they erred in sending me a valid bill. I was told that I am responsible for the towing and impound fees also. 
During my numerous conversations with several reps I was not provided with a written verification of the debt, not was I told how I might dispute the debt. It has already been reported on my credit report as a late payment ( I have never had one on any account ) and they told me that it will be reported as an auto repossession on my credit, making it impossible for me to purchase a vehicle in the near future and severely damaging my credit. 
I want to get my vehicle returned. Am I responsible for additional fees? Towing, damage to my vehicle as a result of the tow? Is this lawful? Is the creditor required to send me an accurate bill? What are my rights for notification? How can I be late on a bill I never received and the creditor acknowledges that I never received written notice? 
One representative named XXXX also hung up on me when she could hear my daughter speaking in the background, giving me information and when I called back accused me of lying about my identity. She told me that I had to report to the nearest Hyundai dealership to verify my identity and said she would not speak to me. Not until I asked that she listen to the recording did she confirm that I was the person I said I was. There were no supervisors at all present today, I was informed when I asked for one. 
I was told I have to pay the entire amount with a debit card that includes the collection fees in order to release my car. After spending over five hours trying to resolve this and paying the amount, the impound company is closed and I will have to pay another day of impound fees. What is my recourse? Can they seize property without any kind of written notice of debt?

Company response to consumer: Closed