Consumer complaint received 2025-02-07 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Confusing or misleading advertising or marketing
Company: HYUNDAI CAPITAL AMERICA
State: AL

Complaint narrative:
I am writing to formally lodge a complaint regarding deceptive practices, forged signatures, and multiple violations of the Truth in Lending Act ( TILA ) by XXXX XXXX XXXX, Kia Finance America, and associated parties. 

On XX/XX/XXXX, I entered into an agreement with XXXX XXXX XXXX for the purchase of a XXXX XXXX XXXX, with myself as the primary borrower and Kia Finance America as the lienholder. In XX/XX/XXXX, upon inquiring about the vehicles status from the co-borrowers and regarding late payments, I was informed by Kia Finance America that the vehicle had been sold. This information was confusing to me, as Kia Finance America had previously stated that both parties needed to be present for any actions regarding the vehicle. 

Upon further examination of the paperwork and calculations related to the loan, I discovered several errors that appear to violate the TILA and other federal laws. I have attached relevant documentation as proof of these discrepancies. Specifically, I was informed by XXXX XXXX Kias legal representative that the vehicle was traded in, but I was not informed of the details of this transaction until much later. It was revealed that my signature had been forged to complete the transaction. 

When I contacted XXXX XXXX, the General XXXX at XXXX XXXX XXXX, she responded by creating additional documentation that further obfuscated the situation, making it difficult to understand what transpired during the transaction. 

I am requesting the following : 1. The {$5000.00} rebate that was deceptively withheld due to confusing and misleading language in the paperwork. The prefilled document for the retail incentive led me to believe I needed to elect to use the rebate towards the purchase of a new vehicle, even though I had a down payment available and desperately needed a cash refund from the consumer transaction. The seller failed to provide any clear information on how the rebate could be used or what it could be used for, leaving me with no clarity regarding my options. 
2. A refund of every dollar that I have paid towards this vehicle, including all payments made under deceptive practices and miscalculations.

3. Legal action against anyone who unlawfully placed my signature on documents without my consent, as well as a detailed explanation regarding why my signature was forged.

4. A formal investigation into Kia Finance America for extending a loan based on miscalculations and violations of federal laws, including the TILA.

I have calculated the true amount financed and the finance charge based on the errors in the documentation : The actual amount financed should be {$23000.00}, after deducting the doc fee ( {$690.00} ), maintenance fee ( {$600.00} ), and extended warranty ( {$2000.00} ). 
The finance charge should increase from {$7500.00} to {$10000.00} once the additional fees are included, as required by TILA.

The true total of payments over the life of the loan should be {$34000.00}, and the correct monthly payment should be {$470.00} instead of the {$480.00} that was quoted to me.

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