Consumer complaint received 2019-05-10
Company: HYUNDAI CAPITAL AMERICA
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
In my initial letter dated XX/XX/2019, to Hyundai Capital America, I specifically requested verification and proof of the alleged debt, including a complete account history. This information was not sent to me in the company 's response. Instead, I received an offer to resolve this debt from a 3rd party debt collector, XXXX XXXX XXXX ( XXXX ). The information I received from XXXX, didnt contain any evidence of the alleged debt, nor did it include a complete account history as requested in my initial letter to the company. Therefore, I mailed a second letter, but this time to XXXX XXXX XXXX, demanding verification of this debt and the companys legal authority in this matter, and proof that XXXX legally owns this debt and is authorized to collect this alleged debt. I have yet to receive any information from XXXX proving that I have a legal obligation to pay XXXX, yet, this company is continuing to attempt to collect an alleged debt without providing evidence of their authority to collect it. Why would I pay a debt to a company that is unwilling to prove they are the legal owner and are authorized to collect it? Debt collection agencies sell debts all the time, if I pay XXXX, what is to stop them from selling the debt to another third party debt collector after I pay it? Therefore, without proof of XXXX  legal authority in this matter, it would be extremely unwise for me to pay a random debt collection company for an alleged debt they dont own. Secondly, in my original request to Hyundai, I specifically requested a contract or other instrument bearing my signature proving I was legally obligated to pay this debt and that it was my account. The company has failed to provide with this evidence as well. Instead, in a response I received from Hyundai Finance, ( not Hyundai Capital America ) dated XX/XX/2019, I was provided a copy of a contract which did not contain a date, nor my signature. Without a signed contract or other instrument bearing my signature that created this debt, the company failed has provide me with proof that I am legal owner of this debt. XXXX, Hyundai Capital America and Hyundai Finance have all failed to provide legal evidence of this alleged debt, yet continue to report this account to the credit bureaus. 
I am submitting this complaint because under 812 of the FCRA, furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. In addition, under 1692e, [ a ] debt collector may not use any false, deceptive, or misleading representation or means in connection with collection of any debt. 15 U.S.C.A. 1692e. 
Since I have not been provided with the information requested in the attached letters, I have reason to believe that Hyundai Capital America, Hyundai Finance and XXXX XXXX are willingly reporting inaccurate information to the credit bureaus, and may be engaging in unfair and potentially fraudulent debt collection practices. This is why I am seeking the assistance of the CFPB.

Company response to consumer: Closed with explanation