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Hyundai Finance billing me for citations paid without consent

Discussion in 'Consumer Law, Contracts, Warranties' started by GlennS, Oct 16, 2018.

  1. GlennS

    GlennS Law Topic Starter New Member

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    Hello,

    Please excuse lack of brevity - I have an obsession with being thorough.

    I am being greatly wronged by the bank financing my car lease. Hyundai Finance has been attempting to collect $110 from me related to two traffic citation fines/flag fee that they paid without my consent. It turns out these citations never even reached me because they were sent to the wrong address. The agency that issued them, the City of College Park, MD, can't explain where they got the address they were sent to - it's not even a former address of mine, I never so much as lived in that county. They also suggested - albeit in a non-formal way - that I likely could have gotten them dismissed, but that it would be impossible to reverse things so far down the road (the tickets were issued back in 2016).

    Blindly paying any fines or fees that comes across their desk without questioning validity and then billing the leasee is a moronic approach to take. I don't even need to look at my lease to know that I did not waive the rights that come with a traffic citation. And I certainly didn't give anyone power of attorney to plead guilty on my behalf, which is what paying the fine equates to - it says so right on the ticket. I even have to question the legality of them doing that.

    I am not going to reimburse them for fines/fees that neither one of us might not have had to pay. I'm fairly certain I could have gotten them dismissed (and not just on the basis of the tickets not being sent to the right place), but whether I could have or not isn't the issue - the issue is that I was never given the chance.

    I'm pretty confident if I could get the details of how irresponsibly this was handled before the eyes of someone (in their legal dept, perhaps?) with the proper combination of authority, reasoning skills and scruples, they'd see what a wrong is being done here and fix it, but wading through the bureaucracy to find that dept/person has been excruciating. Sending it to the p.o. box return address on all the correspondence I've been getting would be futile.


    I've been advised by friends/family to just pay it, that it's not worth the hassle. But the principle here is just too inarguable for me to give in and do that. There's no gray area here as far as I'm concerned - I'm 100% right, they're 100% wrong (and $110 is actually a huge amount of money for me!).

    I'm not really expecting representation here, as I highly doubt it would be pro bono. What I am hoping to get is some advice as to how to go about finding that dept/person I described above, so I can at least state my case to someone who matters.


    Thanks for your time,

    Glenn
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yeah, you do. Your consent is probably in there.
     
  3. mightymoose

    mightymoose Well-Known Member

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    You don't have to pay anything until a judge orders you to. You don't have to send them money just because they sent you a bill.

    If you want to take the time to write a polite letter outlining your complaint try sending it here:

    Hyundai Motor Finance
    PO Box 20829
    Fountain Valley, CA 92728

    Be patient and you will get a response either explaining why they believe you owe the money or informing you they have removed the charge. I doubt your letter would go unanswered.
     
  4. flyingron

    flyingron Active Member

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    I can almost bet the HFS lease includes the ability for them to pay tools and fines without giving you leave to protest them. Even if it did not, they most likely have the ability under common law to pay those encumberances to avoid losing rights to their vehicle if it were to be booted/towed.

    I have great skepticism about you having any chance to have headed these tickets off. I grew up in Bowie and have received a few tickets in College Park in the day. You only had 14 days from the date of the ticket to protest them (and they are not obliged to MAIL you anything).
     
  5. zddoodah

    zddoodah Well-Known Member

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    Your opinion notwithstanding, what does your lease say about this?

    I'd submit that assuming what a document you apparently haven't read says is more moronic than what the leasing company did.

    The identities of executives at the company mentioned are hardly secret. All you need do is spend a little time at the company's website and/or run a few google searches. However, it is a virtual certainty that your inquiries will be sent downstream to the appropriate level and that no one with any real authority is going to care to spend any time over a $110 matter.
     
  6. army judge

    army judge Super Moderator

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    No bullshitting, no spinning, no guessing, no prevaricating; just TRUTH.

    From the minds of the geniuses that operate and own what is known as Hyundai Motor Finance a trademark of Hyundai Capital America, a California corporation and/or its affiliates.

    You pay them now, or you pay them later, try as you will; the 1%ers always get what is owed, or you'll never get any of their crap you zealously, eagerly desire!

    https://pfile.hcamerica.com/content...-hmf-lsend-desktp-lease_end_kit_apr17-pdf.pdf

    What charges may I still be billed for after I turn in my vehicle?
    The following charges, if applicable, may be included on your
    End-Of-Term Invoice:
    } Excess wear and use
    } Excess mileage
    } Disposition (turn-in) fee
    } Any past due and unpaid monthly payments
    } Any other fees (e.g., unpaid late payment
    fees, taxes, tolls, parking violations)
     

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