Consumer complaint received 2018-11-21
Product: Vehicle loan or lease — Lease
Issue: Problems at the end of the loan or lease — Unable to receive car title or other problem after the loan is paid off
Company: HYUNDAI CAPITAL AMERICA (OR)

After an accident in my leased vehicle, my insurance company valued the car at an amount higher than the lease buyout amount and determined that the damage was sufficient for a total loss. XXXX XXXX has claimed that they have the right to any and all positive equity in the vehicle. After XXXX XXXX received payment from my insurance company for the amount requested by XXXX XXXX, they sent me an invoice for a portion of my insurance deductible without providing any explanation of the amount or any reasoning behind asking me to pay. Ive read the lease agreement, and I believe their interpretation is either incorrect or proves the agreement to be predatory. Further, XXXX XXXX did not inform me what was happening in their efforts to seek payment to close my account, nor did they seek my consent in determining what amounts would be dueand in doing so they have pursued an end which is against my fiduciary best interest. When I received the invoice I called XXXX XXXX customer service department to ask why I was being charged this amount, and soon discovered that my calls are automatically routed to the Recovery department, where multiple agents treated me like a delinquent customer, bullying me and telling me to read my lease agreement, talk to my insurance company, or this is our policy, I cant help you. The verbal accounting they have given for how the invoice amount was calculated does not make sense and effectively double-charges me for my deductible. After multiple calls lasting 30 mins to 1 hour and on multiple days, they have still not explained their justification for this charge. Ive tried unsuccessfully to escalate to a supervisor or to other departments within XXXX XXXX and XXXX XXXX. My insurance company says that the amount they paid XXXX XXXX was the exact amount requested by XXXX XXXX, and they are ready to send me payment for a nominal balance due to me ( assessed vehicle value minus deductible minus payment to XXXX XXXX ). Their story makes sense. But I don't understand why XXXX XXXX decided to ask me for an amount related to my insurance deductible, which has absolutely nothing to do with XXXX XXXX. If the lease agreement does in fact support their actions, I dont know why XXXX XXXX didnt request payment for the full assessed value ; that they requested from my insurance an amount eerily similar to what it would have cost me to pay off the lease and own the vehicle outright, is clearly suspect. Frankly, they dont seem to know what they are doing. At one point in this process I received paperwork from them requesting random information, which did not make sense ; and after calling they acknowledged that the paperwork was sent in error. Even now, when I login to the XXXX XXXX online portal to view my account history, I see all sorts of activity and random amounts debited and credited over the last 30+ days, which make no sense even in the context of the total loss or the random invoice. I've submitted multiple requests to XXXX XXXX ( verbally and in writing ) for them to provide a written explanation of the balance due on my account, including a clear and thorough accounting of all balances, payments, credits, or other activities on my account, over the past 90 days, as well as a clear and thorough explanation as to why these activities may or may not be within the rights of XXXX XXXX. They have not responded to this request, nor have the fulfilled the request. This invoice is due in about 2 weeks, and Im concerned that if I let it go unpaid ( ultimately I dont believe I owe them a cent ) their aggressive and unresponsive Recovery department could initiate action against my credit, which could prove a hardship for me to reverse, whether or not it is ultimately determined that the invoice is in error. I don't know what else to do besides seek legal advice.