Consumer complaint received 2019-11-20
Company: HYUNDAI CAPITAL AMERICA
State: OK
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
On Tuesday XX/XX/XXXX at approximately XXXX My vehicle a XXXX XXXX XXXX was illegally repossessed by the finance company, Hyundai Finance Company . I had not received any prior notifications that my account with them was delinquent and had no reason to believe such because I had been keeping regular payments and received no notice from the company that there was a problem. All submitted payments were accepted and sent in the form of a personal check. I was in possession of this vehicle for approximately 2 years or approximately 20 months, honoring regular monthly payments of {$410.00} per month and an additional {$270.00} in Full Coverage Car Insurance, without any problems or serious delinquencies on my account. When I realized the car was taken from the driveway, I immediately called the police to report it stolen which I had every reason to believe it was. It was then that they informed me the car had been repossessed by the company and there was nothing they could do. I signed no papers consenting to this repossession and no one came to my door at the time to inform me this was taking place.The next day, XX/XX/XXXX I called the finance company and spoke with a representative of Hyundai Finance and she informed me that I was, according to their records " behind in payments '' and that they had to collect their property. I told the representative that my records show no contact from them and I had not received any notice that the account was delinquent nonetheless in collections. I tried to argue my points but the representative was rude and interrupted me several times. Finally I asked her was there a way for me to pay the arguable delinquent amount and she stated that I would " have to pay the entire balance due on the vehicle ... '' to get it back in my possession. The amount owed on the vehicle she said was way in excess of {$14000.00} I was willing to pay them the delinquent amount owed to receive my vehicle, not knowing it was their policy to request full payment in cases like this so I had no choice but to decline and accept my loss. I contacted the recovery company, XXXX  XXXX, to make arrangements to retrieve my personal property from the vehicle and the next day, Thursday XX/XX/XXXX I went to the company, paid an additional {$74.00} retrieval fee to them and got my property. 
On Tuesday XX/XX/XXXX I received in the mail a letter from Hyundai Finance Company titled " notice of our plan to sell property '' in which it stated they have my vehicle because I " broke the promise '' of their agreement, and that they will sell my car after XX/XX/XXXX and if I wanted to reclaim the vehicle I would have to pay the entire balance due on the vehicle. Initially they said it was approximately {$14000.00} due. I called the number given on the letter and talked to a representative by the name of " XXXX '' I again stated to him that I had never received any balance statements, payment receipts delinquency notices or any communication from Hyundai Finance in regards to this car and that this letter was in fact the first written communication I had receive from them. He said they had not record of my address and could not find the car. He went on to say that the finance company had been looking for the car since XXXX of XXXX! and sent notice to my former address in XXXX XXXX. ( I had recently moved to XXXX  from XXXX XXXX in XXXX of XXXX ) I never received such notice and have all of my mail forwarded to this new address. Nonetheless the payments I was sending in were being honored and cashed. The car is equipped with a theft deterrent G.P.S System and when I would send in payments they were in a self addressed envelope with the new address not to mention my phone number and email had not changed at all so I do not understand why I was never contacted and made aware that there was an issue with my account to warrant them to repossess. Furthermore it confuses me that their claim to be looking for the vehicle since XXXX is invalid. I lived in XXXX XXXX all my life and within the first 2 years of having the car, I stayed at the exact same address that they financed the car with and did not leave the State until XXXX, XXXX. They claim to not be able to locate me however they knew I was currently living in XXXX  and came to my current address to retrieve the car. 
I am XXXX years old, That car was my only means of transportation not to mention personal independence as I am currently living off of Social Security and have no extra means of income. I live with my Son in XXXX  because it was all I could afford to maintain my lifestyle and provide me a way to and from my scheduled Doctor 's appointments and access to my family. I moved here because the cost of living in XXXX  proved to be too much for my income to handle and all I could allow myself was a reliable means of transportation with the XXXX XXXX XXXX. I am asking for your assistance in helping me in this matter in whichever way possible and to the extent allowable by Law and my rights as a citizen and consumer. This situation has created noticeable and serious stress in my health. I feel Hyundai Finance accepted payments from me with no intentions of allowing me to complete the long term purchase agreement and negligently handled my account to make it seem as if I breached the agreement. I can provide proof of payments and records to show I did honor the agreement and ask they show proof of initiating contact and informing me of their legal right to seize my property as warranted through their company 's policy. I furthermore request that all payments be awarded back to me for the time of possession of the vehicle including insurance and maintenance costs and that I be excluded from any further payments owed to the company after or before the sale of the vehicle by auction.

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