Consumer complaint received 2021-08-14
Company: HYUNDAI CAPITAL AMERICA
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On XX/XX/XXXX I the consumer went into XXXX XXXX to do a consumer credit transaction for the purchase of a XXXX XXXX XXXX. I provided my SSN and they made a copy of that card which is my credit card pursuant to 15 USC 1602 ( l ) They then proceeded to furnish me as the consumer forms ( retail installment agreement ) in which they listed themselves as both the seller and creditor. They also forced me into signing POA which they stated was needed to register my household goods with the state even though I stated that my property was not for commercial use. They also failed to provide me with 3 copies of my rights of recession as the consumer. They falsified documents leading me as the Original Creditor pursuant to 15 USC 1692 ( a ) ( 4 ) that KIA Motor Finance was to lend money to me for this vehicle. On XX/XX/XXXX I exercised my right of recession and sent a notarized affidavit certified mail number XXXX XXXX XXXX XXXX XXXX to the dealership as well as copies to the FTC and NC State Comptroller stating that I was cancelling the contract because I'd realized the fraud that was committed against me as the Consumer. I received a letter from XXXX XXXX XXXX XXXX 's attorney XXXX XXXX XXXX in which XXXX XXXX stated that they rejected the assertions made and that the car belongs to me and can not be returned. I never asked to return the vehicle as 15 USC 1635 states that the seller has 20 days to pick up the property after recession is made unless it is impractical or inequitable to do so. They failed to pick up the truck and law states that If they do not pick up property it is mine! They then stole my identity and used my SSN to obtain the loan from the federal reserve in my name and transferred my private data to KIA MOTOR FINANCE making them the alleged lien holder. Even though the contract was cancelled. I contacted KMFXXXX on XX/XX/XXXX after I recieved a Dunning letter from them claiming I owed and asked them to send me Documentary Evidence 15 USC 44 of the certified funds that I was loaned by them. They have yet to provide any validation of alleged debt or evidence proving that they are the lender or creditor. On of XX/XX/XXXX my private data and location information was transferred to XXXX XXXX who then sent it over to XXXX XXXX XXXX XXXX located in South Carolina to repossess my private property without any documentation of verified debt. XXXX stated that the client they received my data from is Hyundai Motor Finance whom I've not heard of until today. At XXXX EST my Household good ( s ) were stolen from my home, when I contacted XXXX  XXXX XXXX XXXX XXXX XXXX XXXXhe manager in the repo department refused to give me the information as to who the alleged lien holder is but did confirm it is NOT KIA MOTOR FINANCE according to the paperwork they had. I am seeking damages under Public Law 111-203 title X 124 2092 for all violations perpetrated against me from furnishing a deceptive form, deceptive cosigner practices, false and misleading representation of the character and amount and false and misleading representation that the attorney was an attorney. Along with False and misleading information that I as the consumer owes any debt and that the debt collector is vouched for, bonded by, or affiliated with the United States or any state. I am also seeking damages for the use of my private property ( data ) being taken for public use without just compensation which is a violation of my 5th Amendment right as the natural person and living soul. I have notarized documentation that my data has a valuation of XXXX XXXX XXXX USD as the Consumer/Creditor and Executor of my Estate. My car was also sold to the DMV prior to selling to it to me. Lastly by asking me as the consumer and Original creditor for payment to return my property they have violated Article 1 Sec 10 of the United States Constitutions which states the following : No State shall enter into any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility and a violation of Public Law 73-10 48 48 112 I was told that unless I pay {$2300.00} that my private property will be sold at an auction. This violates Public Law 111-203, title X, 124 Stat. 2092 807 ( 6 )

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