Consumer complaint received 2017-08-31
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with additional products or services purchased with the loan
Company: HYUNDAI CAPITAL AMERICA (FL)

On XX/XX/XXXX, I had purchased a XXXX XXXX XXXX, VIN # XXXX, from XXXX XXXX XXXX XXXX in Florida. On the date of purchase, I also opted to purchase Gap Insurance for {$740.00}. On XX/XX/XXXX, I was involved in an accident that was deemed to be a total loss. On XX/XX/XXXX, I went back to XXXX XXXX XXXX XXXX to purchase a new vehicle and purchased a XXXX XXXX XXXX XXXX, VIN # XXXX. I 'm including a copy of both sales contracts to this complaint. At this time, I was told by XXXX XXXX   XXXX XXXX that the payoff on the totaled vehicle would be handled by them. 

On XX/XX/XXXX, my insurance company on the totaled out vehicle deemed the vehicle to be a total loss. A check was issued to XXXX XXXX XXXX in the amount of {$18000.00}. The claim with Gap was supposed to be filed on XX/XX/XXXX which was supposed to cover the difference of what was owed on the vehicle. 

I had also reached out to a finance manager by the name of XXXX XXXX who initially assisted me with the purchase. On XX/XX/XXXX, he had received an email from my insurance company stating that the vehicle was a total loss and had forwarded me that email. 

On XX/XX/XXXX, I was on the XXXX XXXX XXXX website and noticed that there were late fees and that the existing loan still had n't been paid. I sent an inquiry to them on that same date explaining what was going on, which I 've included in this email. I also reached out to XXXX asking what was going on. 

The check that was issued to Hyundai was not cashed until XX/XX/XXXX, three months after the car was totaled. I stayed in constant communication XXXX in regards to why this matter was taking so long. On XX/XX/XXXX, I emailed XXXX again asking his assistance to why this matter was taking so long for GAP to pay out. He responded on XX/XX/XXXX stating he did n't know why everything was taking so long and that he 'd be contacting XXXX XXXX XXXX to see what was taking so long. I 've also included that a copy of that email. This was the last that I heard from them. 

I have also stopped in the dealership multiple times trying to rectify this matter and was told that XXXX no longer works for the dealership and now the dealership says there is nothing that can be done and that I have to go through GAP. When I contacted the GAP company in XX/XX/XXXX, I was referred back to the dealership who continued to refuse to help. By this point I did n't know who else I could try to help with this matter. I tried contacting XXXX XXXX XXXX who referred me back to the dealership. With all the time and emphasis up to this point, I felt that I was at a loss. 

In XX/XX/XXXX, we started the process of looking to purchase a new home. When our credit was pulled, this matter came back to haunt us. I started working with a representative with XXXX XXXX XXXX to help try and get this matter resolved. We tried contacting the dealership for the XX/XX/XXXX lease for a copy of that contract. They we 're unwilling to provide this. One rep went as far as stating that they have no history of this purchase. We were again told that we need to contact GAP. I contacted them with XXXX XXXX XXXX  on the phone on XX/XX/XXXX. After 30 minutes on the phone, we were told that the dealership called and cancelled the GAP contract on XX/XX/XXXX, the same day that we leased the XXXX XXXX XXXX. Also the same day that we were told that the dealership would handle the payoff and GAP claim. I asked the GAP representative if she could provide me with the name on the individual who called and cancelled that GAP policy and I was told that they are not privy to that information. I never gave any permission for this GAP policy to be cancelled, as there should have been a claim filed for the accident seven days prior. 

My assumption is that whoever working in the accounting department at the dealership treated this call to GAP as if the totaled out vehicle was a trade, and accidentally did NOT file the loss claim with them as they should 've done. And for this reason, I am being punished by it. 

On XX/XX/XXXX, I called XXXX XXXX to lodge a complaint against the dealership. After spending three hours on the phone, along with having to call back because of two calls that were " disconnected '' on their end, their only resolution was that the complaint should be against XXXX XXXX XXXX and that the only thing they can do is try to get the General Manager on the phone to try to improve communication between the dealership and me. 

I still have a balance owed that is showing charged off on my credit report. This debt will prohibit me from being able to purchase a new home. My loan closing is scheduled for XX/XX/XXXX and I have to be out of my current rental by XX/XX/XXXX as our current place has been re-rented and the new tenants are scheduled to move in on XX/XX/XXXX.