Vehicle loan or lease -- Repossession -- Complaint #11152364
Complaint Overview
Complaint ID: 11152364
Company: Hyundai Capital America
Product: Vehicle loan or lease
Sub-Product: Loan
Issue: Repossession
Sub-Issue: Loan balance remaining after the vehicle is repossessed and sold
State: Nevada
ZIP Code: 89106
Date Received: 2024-12-13T12:00:00-05:00
Date Sent to Company: 2024-12-13T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
Kia Finance Of America has charged off an account on my consumer report. I Have yet to receive my 1009-C. The car has been repossessed, sold and has a title Lien on it with another consumer. Why am i being charged for something re sold and in another contractual agreement. This is fraud and illegal. A violation of my Rights as a consumer. as well as a violation of the United States constitutional laws. As outlined by the Fifth Amendment to the United States Constitution, I have a right to due process, which includes the protection of my property rights. In this case, the erroneous reporting of this charge-off with a balance constitutes a violation of my right to accurate representation of my financial history. I believe that this account does not reflect the true nature of the debt, or the amount that is owed. Due Process under the Fifth Amendment : The Fifth Amendment of the U.S. Constitution guarantees due process, which includes the right to be informed of actions that affect ones rights, including financial obligations. When a creditor cancels a debt, it triggers potential tax consequences that should be disclosed to the consumer. The failure to provide a 1099-C form interferes with my ability to properly comply with federal tax laws, thereby depriving me of the ability to understand and respond to my legal financial obligations. This lack of notification deprives me of a fair process in managing my tax responsibilities. Right to Equal Protection under the Fourteenth Amendment : The Fourteenth Amendment guarantees equal protection under the law. By not issuing Form 1099-C for canceled debt, I am being treated unfairly in comparison to others who may receive the necessary information to fulfill their tax obligations. This disparity in treatment may constitute a violation of the equal protection clause, as it subjects me to potential penalties for non-compliance without informing me of the necessary reporting requirements. Right to Protection from Unlawful Taxation : The Constitution, as interpreted by the courts, protects citizens from unlawful taxation. When a creditor cancels a debt, it is a taxable event under federal tax law. Without the issuance of the 1099-C, I am unable to accurately report this cancellation to the IRS, potentially leading to improper tax assessments. By failing to provide me with this form, I am denied the ability to fully exercise my constitutional right to protection from incorrect or excessive taxation.
Frequently Asked Questions
What is Complaint #11152364 about?
Complaint #11152364 was filed against Hyundai Capital America regarding Vehicle loan or lease specifically about Repossession. It was received by the CFPB on 2024-12-13T12:00:00-05:00.
How did Hyundai Capital America respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Vehicle loan or lease) and describe your issue in detail.
Can I see other complaints against Hyundai Capital America?
Yes, visit the Hyundai Capital America company profile at readthecomplaint.com/company/hyundai-capital-america to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.