Consumer complaint received 2024-10-15 00:00:00
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened to arrest you or take you to jail if you do not pay
Company: HYUNDAI CAPITAL AMERICA
State: CO

Complaint narrative:
A repo order was sent out in XXXX and canceled in XXXX when I came current with the account with KIA Finance of America. The tow company they hired charged them alleged fees of {$1200.00} to search for the vehicle, which they did not find and repossess at that time. KIA therefore charged my account these fees without speaking with me and notifying me of said charges. I did not find out until I received an urgent notice that if I do not pay the fees to contact KIA on XX/XX/XXXX. They repossessed my vehicle 16 days after the noticed was signed, and an {$500.00} payment had just posted minutes prior. and by law I am allowed 20 days to become current. Unless that is not a XXXX  law, I will accept that on my part. When I called KIA to ask about these fees they told me it was the tow company and that I would have to ask them. When I called the tow company she told me they cant disclose that information to be because KIA is their customer, not me. When I spoke with KIA again they told me it was for mileage, which I never received an invoice or breakdown of said fees. I was also not notified of these fees via email, phone call, text or notification on my account on their website. They told me if I am in XXXX  they legally can not leave a message, but as for I am in XXXX  she admitted they could and did not leave me a voicemail. I receive emails about every other promotion KIA has, but I can not get an email that I have a new fee/charge on my account until a month has passed putting my vehicle up for repossession. If I was communicated with in ANY way about these charges immediately I could have taken proper action to make an arrangement to get those fees paid and avoid this situation. I was also threatened by the repo man. After I objected and told him I had a cardiology appointment I could not miss and was visibly crying, he told me he would call the police and have me arrested for a felony. He then blocked my vehicle in from backing out of the space I was in, so I could not move. He breached the peace by threatening me with the police. When legally the police can only keep the peace and they can not legally force me to hand over my vehicle. He lied, broke my peace, and entrapped me while I was on the phone with my mom, who is a witness, visibly crying and upset. He forced me to give him my keys because I believed him a feared he would call the police and they would arrest me. After I explained all of this the KIA Finance of America, all they would do is deferred my monthly payment and allowed me to simply dispute the charges, but they still stand. I still am without my vehicle that I believe was taken due to the extreme lack of communication from the company and the negative and un-peaceful way the vehicle was repossessed. I am now left without a vehicle to get to work to make money to pay these fees. I am willing to pay them and work out an arrangement if KIA will take responsibility of their own mistakes.

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