Consumer complaint received 2023-01-14
Company: HYUNDAI CAPITAL AMERICA
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
On XX/XX/XXXX, I received an email from my credit monitoring service. It informed me that my credit score had dropped a tremendous amount of points. I logged on and found that a company names KIA MOTORS FINANCE had illegally posted an alleged collection account to my credit profile. My report shows that it is a closed account and was opened on XX/XX/XXXX with a balance of {$11000.00}. I have no knowledge of this new company to which this debt has been sold, and this account has exceeded the span of 7 years. By federal law, a debt collector is supposed to make contact with an alleged debtor and give them 30 days to validate or dispute before they move forward with collection attempts. I never receive a letter in the mail that gave me 30 days to validate or dispute this account. I never received a letter stating that I have an alleged debt with this company and owe a balance on that account. I, a consumer defined under 15 USC 1692a ( 3 ), understand that, under the FDCPA guidelines for collection agencies, they have to provide ( 1 ) legitimate proof that they are the original holder of this debt and can legally hold me responsible for paying this debt and ( 2 ) contractual proof of obligation or an assignment SIGNED from an officer from the original creditors corporation that I am supposed to pay them. 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) grants me the right as a consumer to request validation of this alleged debt they say I owe. I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. If I would have gotten anything in the mail or phone call from this company before they illegally reported to my credit report, I would have respectfully requested evidence that I am the person they are asking to pay this debt and a contractual obligation that legally binds me to pay them this debt. Upon them receiving my validation letter by certified mail with return receipt, they would have to legally cease from collection calls, letters, and efforts and delete the account from my credit reports until they can validate this debt. But again, I never received such a letter about this account or phone call ever in the mail because it was never sent from this new company. In order for them to prove that I received it properly, the proper letter should have been mailed certified mail with return receipt or by some form of proof of postage that would require my signature. And if the company did mail anything to me, where is the legal proof of my signature stating that I received it? Where is the return receipt or postage signature showing that I received it and signed for it? But again, I never received any sort of mail or package because it was never sent. They have illegally posted and reported to my credit file without adhering to the FDCPA laws. Im not sure if this company is a scam, but I know that this company has broken FCRA and FDCPA laws by reporting an alleged account to my credit report without informing me through mail or phone and I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. My credit score has dropped tremendously in the middle of making a major purchase. Please help me get this account removed immediately. As a consumer, XXXXm publicly publishing this descriptive complaint on consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. As a consumer defined under 15 USC1692a ( 3 ), I'm also preparing to sue under the FCRA and FDCPA because of the numerous consumer law violations committed by this company, damages to my credit and opportunity costs with making a major purchase, and business ventures that must be delayed until this illegal account is removed. It should not my responsibility to submit proof that this debt does not belong to me. It is the responsibility of the debt collector to submit proof that they can legally collect on the alleged debt and legally report to the credit agencies. As of this date, they have failed to do so. ( KIA MOTORS FINANCE, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA. XXXX )

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