Consumer complaint received 2025-01-01 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Incorrect information on your report — Account status incorrect
Company: HYUNDAI CAPITAL AMERICA
State: NC

Complaint narrative:
This complaint is being filed on behalf of myself. In the transaction described below I am the consumer who purchased a 2024 Hyundai XXXX XXXX for personal, family, and household purposes. My credit score has been ruined due to the negligence and incompetence portrayed by XXXX and Hyundai Capital America in regards to a XXXX  XXXX  Claim which took over 7 months to process, the events of this nonsense is detailed in the description below. My vehicle was totaled on XX/XX/2024. At that time an insurance claim was immediately filed which covered almost all of the obligations described in our retail installment agreement. XXXX XXXX did their job as the primary insurance provider and paid Hyundai Motor Finance very efficiently and within a reasonable time frame. It was my understanding based off communications with XXXX XXXX XXXX, the dealership from which the vehicle was purchased, along with Hyundai Capital America XXXX XXXX Hyundai Motor Finance ), and XXXX XXXX ( the primary insurance provider ) that by the end of XX/XX/2024 the total loss primary insurance claim was processed and paid in the amount of {$51000.00}, along with ancillary product refunds also covering another {$3200.00} of the total Payoff amount, with a remaining balance of {$3100.00}. The remaining {$3100.00} due was to be paid by a XXXX XXXX claim with XXXX. It was up to me, the consumer, to contact each party ( Primary insurance, Dealership, Hyundai Motor Finance, and XXXX Gap Claims ) to ensure that all information required by XXXX XXXX XXXX was sent to them by all parties. I contacted all parties ( as this was my responsibility ) in XX/XX/2024 to communicate and ensure that all proper documents were submitted to XXXX XXXX XXXX within a reasonable time frame so that the XXXX XXXX can be processed and paid. Two months later on XX/XX/2024 I received a letter from Hyundai Motor Finance ( a copy of which has been attached to this complaint ) that stated they had not received payment from the XXXX XXXX XXXX. Upon receiving this notice I reached out to Hyundai Motor Finance as well as XXXX to see what information was missing for the claim to be processed. This was the beginning of the negligence because I informed all parties in XXXX to send the required documentation to XXXX to begin processing the XXXX XXXX. As of XX/XX/2024 Hyundai Motor Finance mailed the letter informing me they had not received a XXXX XXXX total loss payment, even though I instructed them to send XXXX proof of the primary insurance total loss payment, a copy of our retail installment contract, and transaction history showing a running principal balance. Around this same time ( XXXX of XX/XX/2024 ) I reached out AGAIN to the XXXX XXXX XXXX department and they informed me they had not yet received the completed information from Hyundai Motor Finance necessary for processing the claim. It was at this time in XXXX that I recontacted Hyundai Motor Finance and instructed them to once again submit the proper documents that XXXX required in order to process the claim and make a total loss XXXX  XXXX  payment. Hyundai Motor Finance confirmed that they were sending the information over. Shortly afterward I recontacted XXXX XXXX to confirm whether or not they had received the information they needed and I was told by the XXXX customer service representative that they indeed did receive the proper documents from Hyundai Motor Finance. XX/XX/2024 comes around and Hyundai Motor Finance begins calling me to collect a debt of {$3200.00} for the unpaid balance due from the vehicle totaled on XX/XX/2024. I told them that XXXX XXXX XXXX is responsible for this payment. I have been neglected by both corporations repeatedly because I have been contacting all parties since XX/XX/2024 instructing them to send proper documents in order to process the XXXX  XXXX  payment. Once again in XXXX I had to repeat the tedious process of contacting both Hyundai Motor Finance and instruct them AGAIN to please send XXXX XXXX XXXX the documentation required for them to process their claim, also afterwards recontacting XXXX customer service to confirm that they had received the documents from Hyundai Motor Finance. I was told by XXXX customer service that at this time ( XX/XX/2024 ) it would be a XXXX week period for processing the claim. Something which should have been completed months ago. Here is where things get very disgusting and hard to comprehend that this level of incompetence is possible. On XX/XX/2024 I began receiving calls from a lady named XXXX XXXX who told me she was with Hyundais Executive Office in XXXX, Texas. She was informing me that I had a past due balance north of {$3000.00} and required that I make a payment or my account was going to be reported delinquent to credit reporting agencies. You can imagine my disbelief as I have diligently been contacting all parties for over XXXX months in order for Hyundai Motor Finance to send XXXX XXXX XXXX a simple email with proper information required to process the claim. This obviously caused me much confusion because I was informed by XXXX Customer Service months earlier that they had received the documents needed in order to process the claim and it could take up to XXXX weeks ( this is after I already requested expedited processing because of the circumstances ). So on XX/XX/2024, once again, after speaking with XXXX XXXX with Hyundais Executive Office I reached out to XXXX Customer Service to see why my claim was not being processed. It was at this time that I was informed that they STILL HAVE NOT RECEIVED the documentation necessary from Hyundai Motor Finance they needed to even begin processing my claim. This is very frustrating and makes no sense because XXXX customer service informed me months earlier they had received all documentation, and now mid XXXX XXXX is saying they still have not received it. I have Hyundai Motor Finance telling me they sent the information months ago, and threatening me with ruining my credit report if I dont pay them out of my pocket, and I have XXXX XXXX XXXX XXXX me that as of XX/XX/2024 they still needed further documents from Hyundai . ( Keep in mind this is after they told me they had everything they needed months ago ). On XX/XX/XXXX and XXXX, 2024 a series of phone calls were made between myself and XXXX XXXX at Hyundai, and XXXX XXXX XXXX in order to ensure that the proper documents were sent to process the gap insurance claim. XXXX XXXX informed me that although they have already sent XXXX the documentation multiple times that they will resend the information yet again. On XX/XX/XXXX XXXX XXXX informed that they only received a cover letter from Hyundai and the required information was STILL NOT RECEIVED. On XX/XX/XXXX I recontacted XXXX XXXX to see why they are failing to simply send an email or a fax. She informed me that the information was sent. I contacted XXXX once again on this same day only to be informed that they were not receiving anything from Hyundai Motor Finance. As unbelievable as this sounds, what has taken place is that Hyundai Motor Finance failed after multiple attempts over a XXXX month period to send a simple email. A process and business activity which they are engaged in on a daily basis. It wasnt until XX/XX/2024 that XXXX finally received the information from Hyundai Motor Finance showing proof of XXXX XXXX primary insurance total loss payout, a copy of our retail installment agreement, and a transaction history with a running principal balance. Once it was received XXXX processed the claim in LESS THAN XXXX HOURS ... NOT XXXX WEEKS. Because of this unbelievable level of GROSS negligence and incompetence my account was reported as a 60 day delinquency to reporting agencies, dropping my credit score over XXXX points, damaging me so badly that I could not finance another vehicle, I could not even get approved for a personal loan which was needed because my new son was born on XX/XX/2024. I informed Hyundai Motor Finance of their violation of the Fair Credit Reporting Act over the phone and that I intend to opt out, this is when they told me that in order to opt out of any furnished data to credit reporting agencies, I would have to write a letter and mail it to them. This is a violation of 16 CFR 313.7 ( 2 ) ( iii ) Unreasonable opt out means ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ( a copy of that opt out letter sent XX/XX/2024 is attached to this complaint ). Hyundai Motor Finance is in violation of Title 15 of the U.S. Code 6801 because they failed to provide safeguards to protect me, the consumer from harm or inconvenience. Hyundai Motor Finance is in violation of Title 15 U.S. Code 1681c ( a ) ( 5 ) because they are furnishing data that includes an adverse item not in connection with the conviction of a crime. Hyundai Motor Finance is in violation of 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ) by including transaction history and experiences between the consumer and person making the report that are to be EXCLUDED. Hyundai Motor Finance is in violation of the Fair Credit Reporting Act because their furnished information is unfair, it is not accurate, and is not impartial to the consumer. They also have reported payments of {$840.00} for the months of XX/XX/2024 and XX/XX/2024. These are payments that I never made out of pocket because the vehicle was purchased XX/XX/2024 and totaled on XX/XX/2024. Which makes no sense because any payment towards this obligation was made by service contract refunds and primary insurance total loss payouts. I believe Hyundai Motor Finance has no idea what they are doing and are prepared to put all the blame on me in hopes that I am none the wiser. Although I was diligent from XXXX through tXXXX XXXX XXXX XXXXXXXX  repeatedly contacting Hyundai Motor Finance and XXXX XXXX XXXX in order to make sure the proper documents were submitted for the gap insurance payment to process I have only been met with confusion, negligence, incompetence, unnecessary back and forth, and I am the one being punished for it with a ruined credit file. This is wrong and a blatant violation of my rights as a federally protected consumer.

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