Consumer complaint received 2024-07-29 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: HYUNDAI CAPITAL AMERICA
State: IL

Complaint narrative:
KIA FINANCE has alleged that I owed debt and on XX/XX/2024 KIA FIANCE unlawfully used a third party to steal my vehicle from the principal dwelling. KIA FINANCE violated Title 15 U.S. Code 1692f using unfair practices and attempting to collect a debt to unlawfully repossess my vehicle. I have no contract in place with the person who stole my vehicle that is associated with XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX, IL. XXXX, I do not know who they are. I did business with KIA FINANCE not the person who stole my car. It is unlawful for KIA FINANCE to have a contract with the person who stole my car that's concerning me because that is Identity Theft. KIA FINANCE took my information and gave it to someone else without my consent, acknowledgement or approval. 

KIA FINANCE violated Title 15 U.S Code 6802B which means a Financial Institution can not disclose my ( non-public ) information to a third party. KIA FINANCE exposed my information to a third party. KIA FINANCE did business with a repo company known as XXXX XXXX  in Illinois and gave them my information. KIA FINANCE did not give me anything in writing stating they will disclose my information to the repo man, the law states that is unlawful. KIA FINANCE neglected to give me the non-disclosure form to opt out of it. and it is against the law to keep me from opting out. I did not know or understand everything KIA FINANCE was implementing during the consumer credit transaction, which KIA FINANCE has breached the contract because they did not explain everything clear or precise to me. Therefore the contract is revoked and I am demanding my property to be returned to me because it is not a real consumer credit transaction, it is considered a good faith agreement and I get to keep my property. 

KIA FINANCE violated Title 15 U.S. Code 1692 A by using abusive practices and unfair debt collecting practices, they also violated Title 15 U.S. Code 1692e by being deceptive meaning- misleading, an appearance or impression that is different from the truth. It was unlawful for KIA FINANCE to take my property using a third party, KIA FINANCE lied to me and did not disclose information to me. 

On XX/XX/2024 I called KIA FINANCE regarding my property after it was taken and they lied saying they did not know where it was. On XX/XX/2024 I called KIA FINANCE again regarding my property and again they lied saying they did not know where it was. Then on XX/XX/2024 I called KIA FINANCE regarding my property and was given information to contact the repo company. Every time I called KIA FINANCE I also asked for the authenticity contract to be mailed to me and the first time I was denied, the second time I was told it will be sent and the third time I was told it had been mailed out on XX/XX/2024. As of today XX/XX/2024 I have not received the authenticity contract but instead I received on XX/XX/2024 an Notice of Redemption and Plan to Sell Property and Affidavit of Defense which only left me 10 days to respond to such short notice with a reply by XX/XX/2024. 

KIA FINANCE has committed FACTUM and FRAUD because I have sent KIA FINANCE a notice of Cease and Desist according to Title 15 U.S. Code 1992k and a letter to Validate the Debt. KIA FINANCE violated Title 15 U.S. Code 1692g and 12 CFR Code 1006.34 because KIA FINANCE has failed to provide burden of proof that I owe the debt. KIA FINANCE has failed to provide billing statements, an authentic contract with wetting signature, accounting statements and finger prints according to The Rule of Evidence UCC 8-315, Federal Rules of Evidence ; Rule 1003 states a copy is not evidence and the original must be furnished with wet ink signature and authenticity of copy. KIA FINANCE is misleading and using unfair practices because they could not produce the documents to prove authenticity of contract.

KIA FINANCE violated Title 15 U.S. Chapter 41 Code 1601 because they did not inform me of the Truth and Lending Act which protects me against unfair credit billing and informs me of my right to recession. KIA FINANCE did not rescind the contract with my agreement in order to take possession of my property and it is considered Theft. In accordance with 12 CFR Code 226.15 I have a right to recession. I sent KIA FINANCE a notarized Affidavit of Truth and Recession that rescinds the contract, Affidavit of Revocation of Signature that rescinds, revoke and cancel all signatures in my name because KIA FINANCE has been using my signatures for documents I did not sign, giving them access to things they should not have access to and they broke the law. I also sent KIA FINANCE a Notice of Conditional Acceptance which they did not respond to. KIA FINANCE does not have the right of ownership to my property, after receiving the down payment the contract has been breached and rescinded and the security interest is no longer valid.

I never gave KIA FINANCE consent or permission to report any negative information to my consumer report and that is defamation of character which KIA FINANCE is violating my rights because they are reporting something I never gave them consent to report. KIA FINANCE is in violation of Fair Credit Billing Act Title 15 U.S. Code 1666-1666j because information should be reported accurately and before they can report anything negative on my consumer report the law states they have to validate it first, verify and validate debt before it can be reported on my consumer report as negative. The law was violated since they did not validate and verify the information but instead they automatically put it on my consumer report based off of hearsay evidence and not factual evidence which is FACTUM and FRAUD and it is alleged therefore it has to be removed.

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