Consumer complaint received 2024-05-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: HYUNDAI CAPITAL AMERICA (TX)

I am writing to dispute derogatory marks on my credit report resulting from an issue related to the lease of a XXXX XXXX XXXX, financed through Kia Finance of America/Hyundai Capital of America . I will refer to the organization as Kia Finance in this document, but this is interchangeable with Hyundai Capital of America. 

Reviewing old CFPB cases, I also found how Hyundai Capital of America was issued a consent order on XX/XX/XXXX for a very similar and relevant situation, where they knowingly reported incorrect information about consumers ' credit and did nothing to fix it. The case had a docket number XXXX. 

The details of my situation are as follows : 1. Lease Agreement : In XXXX, I leased a XXXX XXXX XXXX from XXXX XXXX of XXXX at XXXX XXXX XXXX XXXX XXXXXXXX, TX XXXX. 

2. Accident and Total Loss : On XX/XX/XXXX, the vehicle was involved in a severe accident and deemed a total loss by XXXX, the insurance company. 

3. Guarantee Letter : On XX/XX/XXXX, Kia Finance provided both XXXX and me with a letter of guarantee. This letter stated that upon receipt of the amount of {$26000.00} from XXXX, Kia Motors Finance would release and transfer all of its right, title, and interest in and to the vehicle to XXXX. 

4. Payment and Check Details : On XX/XX/XXXX, XXXX  issued a check in the amount of {$26000.00}, with Draft # XXXX, payable to XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, IL XXXX. I have documentation confirming that the check was cashed and cleared by XXXX XXXX XXXX on XX/XX/XXXX. 

5. Unclear Reach-Out : On XX/XX/XXXX, Kia/Hyundai Finance reached out again to XXXX asking for payment of the vehicle even though the check had already been sent. XXXX did not respond to this request. 

6. Kia Finance Discrepancy : Despite the clear evidence of payment, when I would frequently call them, Kia Motors Finance persistently claimed non-receipt of the check, and they continued to bill me monthly the amount of the lease. This has led to continued charges and, ultimately, reporting my account as delinquent and a charge-off. I have contacted Kia Motors Finance multiple times via phone and email, providing evidence of the payment, but the issue remains unresolved. 

6. Contradictory Kia Statements : In XXXX, during another attempt by me to resolve the matter, Kia Finance started to claim that the check was in fact received by XXXX, but since it did not have the proper account number on it, the check was sent back to the sender. It is important to note that Kia denied receiving anything until late XXXX, and I have not been provided any documented evidence of this claim despite multiple requests. 

7. Title Obtained via DMV : Kia Finance also claims that they still have the title. While it does appear that Kia Finance never sent the title to XXXX, in XX/XX/XXXX XXXX was nonetheless able to obtain a copy of the title via the Texas DMV via a Insurance Company Statement of Fact. 

8. Credit Dispute : This erroneous reporting by Kia has had a severe impact on my credit score over the past three years. In XX/XX/XXXX, I submitted credit disputes to each of the credit unions to correct the negative marks from my credit report. Originally, they said I owed {$11000.00}. This amount is be the sum total of the lease 's monthly payments of {$320.00} for 36 months, which makes no sense given I had already paid several months of the lease when the accident began. After the dispute, my credit was somehow made worse, and Kia claimed {$24000.00} was written off the account and that {$5400.00} was still past due. 

Conclusion : Ultimately, this issue of payment is between XXXX  and Kia, not me. I've gotten both companies on the phone simultaneously multiple times. Neither firm ever takes responsibility or provides any actual assistance. Kia refuses to provide any documentation whatsoever. Whenever I do talk to someone at Kia who tries to help, they escalate the issue and nothing ever happens. The matter has been escalated at least three times now to their various internal departments. 

As I am not the sender or the recipient of the check, I am powerless to investigate further. I've tried. My credit has dropped over XXXX points from this issue, and I have spent XXXX of hours on the phone with each company and legal advisors trying to resolve the issue. The matter has taken a notable negative toll on my financial and emotional wellbeing. 

I would like my credit report to be remedied expeditiously.