Consumer complaint received 2023-03-12
Company: NAVY FEDERAL CREDIT UNION
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
The nature of this Consumer Credit Transaction pursuant to 15 U.S. Code S 1692 - Congressional findings and declaration of purpose ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. Pursuant to 18 U.S. Code 1014 - Loan and credit applications generally ; NFCU is in violation for knowingly making any false statement or report, or willfully overvalues any land, property or security. Form of Identity theft exists in these Consumer Credit Transactions with NFCU false claiming & assuming vital roles as the Creditor, administrator, lender, beneficiary. I am the beneficiary which doesnt not pay debt, trustee pay debt which is NFCU . NFCU is my trustee thats obligated to the Beneficiary, I. I am suppose to be able to trust NFCU with overlooking accounts. NFCU has failed to lawfully conduct business properly, not throughly investigating the nature of ALL Disputes & Documents but fraudulently coming after I for bills I am not obligated to pay for nor possible to pay with no Gold or Silver substance pursuant to 18 U.S. Code 8 - Obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money. Coming up with many ways to coerce me for payment of a bill. I have accepted many coupons for value & returned to sender extinguished somehow I was told they are not accepting that form of payment yet pursuant to UCC 3-603 TENDER OF PAYMENT, UCC 3-104 NEGOTIABLE INSTRUMENT, UCC 3-110 IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE it is illegal for them not to accept that form of payment, which the form of payment is acceptable. Paying with FEDERAL RESERVE NOTES are optional. Garnishment has been going on with NFCU pulling funds out of my bank account throughout the whole process of being in dispute since XX/XX/XXXX. Reporting account as delinquent while in dispute & collecting payment while in dispute is a violation of there own agreement terms that they wish to keep me bind to although I canceled the security interest. NFCU will not bind me to there contracts as I am the only one with wet ink signature & verifiable risk. I have the Right to release myself from any contracts I put myself in. NFCU is liable for not giving me full disclosure in the initial communications of the Consumer Credit Transaction. 15 U.S. Code 1635 - Right of rescission as to certain transactions which NFCU neglected I Right I expressed. As a Consumer that shall automatically cancel the security interest on collateral & return money back to I, pursuant to 15 U.S. Code 1635 - ( a ) DISCLOSURE OF OBLIGOR 'S RIGHT TO RESCIND, ( D ) RETURN OF MONEY OR PROPERTY ; not being liable for any finance or other charge. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. NFCU has neglected my right to rescission since XX/XX/XXXX I have been waiting for my returned Down payment of promissory note & all funds spent. Civil and criminal liability for willful noncompliance to keep me obligated to terms thats not binding & not releasing funds thats due to I, the Consumer. NFCU has been using many deceptive forms to coerce payment from me for fictitious alleged debt without any valid validation there is an actual debt. Without sending proper validation of debt, sending me a billing statement with privacy violations & transactions experiences all over it isnt debt validation. Pursuant to 15 U.S. Code 1692g - Validation of debts ( 3 ) & ( 4 ), I have not received any of those statements. The contracts in whole & part are null and void with NFCU conducting In business outside of its lawful mandate ( XXXX XXXX ) & not giving Full Disclosure. If banks are not suppose to loan money ( Own Stock ) pursuant to 12 USC 83 whos credit is NFCU loaning then? Pursuant to 12 U.S Code 83 the fact that NFCU takes ownership claiming to loan me money is an violation. 12 U.S. Code 83 - Loans by bank on its own stock - a ) General prohibition No national bank shall make any loan or discount on the security of the shares of its own capital stock b ) Exclusion For purposes of this section, a national bank shall not be deemed to be making a loan or discount on the security of the shares of its own capital stock if it acquires the stock to prevent loss upon a debt previously contracted for in good faith. Loaning the credit of the people since 1933 in form of promissory notes, there is no real money in circulation. As you can see Banks is leasing the credit of the people of United States back to them with unlawful fees & charges. The greed to triple dip on someones credit & not repay them or compensate them is truly fraudulent. True Full Accounting of where the funds are being pulled from has not been provided & im sure wont ever be provided as Ive ask for the full accounting of this Consumer Credit Transaction. True Full Accounting would show exactly where the credit or money stems from. It is my Credit I am being leased back plus interest, late fees which shouldnt exist pursuant to 15 U.S. Code 1666b - Timing of payments. Full faith & Credit of the United States is backed by the people. Minimum payments and all other charges are violations in the process of the Consumer Credit Transaction, false representations of dollar amounts owed or due pursuant to 15 U.S. Code 1692e - False or misleading representations ( 2 ) The false representation of- ( A ) the character, amount, or legal status of any debt. Pursuant to 15 U.S. Code 1605 - Determination of finance charge, Finance charge shall be the only charge in this Consumer Credit Transaction as its suppose to represent the sum of all charges. UCC 1026.4 Finance charge ( a ) Definition - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction. Which a auto loan demonstrates a comparable cash transaction having to put a down payment to walk off the lot with the car that my promissory note paid for in full. Cash to applicant is/was $ XXXX with amount financed $ XXXX. I going into the dealer with a check for {$20000.00}, the down payment I made to leave the lot with the car. The dealer ship deposits the money for themselves to get paid as well as NFCU the alleged creditor releasing the funds I endorsed/applied for creating the promissory note. My promissory note for the Auto Loan paid NFCU & Off Lease car dealership, while they benefit from my endorsed check Im the one left with the bill, not benefiting from my own endorsement or own Consumer Credit Transaction. Finance charge is the sum of all charges including fees, interest any/all other charges therefor in an lawful Consumer Credit Transaction 1 charge should of been it. False/inaccurate information from NFCU is given to me every interaction with deceptive forms pursuant to 15 U.S. Code 1692j - Furnishing certain deceptive forms. NFCU Displaying unfair practices pursuant to 15 U.S. Code 1692f - Unfair practices -A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Continuously oppressing, harassing & Neglecting I and my demands affecting my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1692d - Harassment or abuse ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader ( Constantly telling me I am obligated under NFCU terms and my Accounts are late/due for payments ) ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. I decided to finally put NFCU on a Cease & Desist notice pursuant to 15 U.S. Code 1692c these are the only acceptions NFCU may reach out to me now 15 U.S Code 1692c - Communication in connection with debt collection ( C ) Cease communication, expect 1. to advise the consumer that the debt collector 's further efforts are being terminated ; 2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or 3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. There should be no other reason NFCU contacts I furthermore for any bills or payment on any of my Accounts. NFCU doing adverse action on my credit card due to disputes, closing my credit card without my acknowledgement within the 1st two months beginning disputes. Cease & Desist was delivered XX/XX/XXXX. 
Since XX/XX/XXXX I have been getting non stop calls from NFCU trying to collect a debt while being in dispute the whole duration so there should of been a point where Im not being harassed & oppressed for payment which didnt happen, every other day I was called & left a voicemail. Pursuant to 15 U.S. Code 1692c - Communication in connection with debt collection, this has been a violation since Oct 2022 taking place with many others. 15 USC 1692c - ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. NFCU has failed to give proper validation of debt pursuant to 15 U.S. Code 1692g - Validation of debts ( a ) NOTICE OF DEBT ; CONTENTS Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, send the consumer a written notice containing- ( 1 ) the amount of the debt which NFCU & ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; & ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt & ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. NFCU has failed to give me Full Disclosure of the proper procedures theyre suppose to go about so I may be informed completely how to go about clarifying the validation of the debt or anything else related to Consumer Credit Transaction Im suppose to know in initial communication with NFCU . Taking advantage of 15 USC1692g Validation of debts not giving full disclosure, I was obviously not aware of being able to dispute the validity of debt from the beginning the 1st initial communication between I & NFCU. Paying for things thats already paid for because Ive never dispute validity of debt & continuously making monthly payments in good faith further proving the debt was in fact valid. Giving NFCU room to assume the debt was valid but once I start disputing & exercising my Consumer rights nothing changes with NFCU, they insist on neglecting Consumer rights. NFCU is in violations of criminal & civil liability pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance, Civil liability pursuant to 15 U.S Code 1692k, 15 U.S. Code 1611 - Criminal liability for willful and knowing violation & 15 U.S. Code 1640 - Civil liability. NFCU has been informed of all of there ill will with documents sent marked with all the violations that pinpoints exactly how it is a violation, as well on written Exhibits A & B. It has been neglected and sent back to me with a note sticker that says FAKE, how disrespectful. NFCU couldnt rebuttal or properly respond to any of my Documents in a timely manner. Unrebutted Affidavits stands as truth & its past NFCU deadline to lawfully pinpoint any issues on the Affidavits they may believe is not true. NFCU should be ashamed for how unprofessional and unethical they are in nature. Form of payment with amounts for violation was given, clearly to satisfy the damages they cost upon I, the Consumer civil & criminal liabilities. I have tried all I can in good faith to settle & satisfy my Accounts in a lawful manner while being neglected. All demands/requests made to NFCU as the beneficiary, Consumer has been neglected. NFCU has not taking any lawful consideration in conducting healthy business. Working closely together with CRAs they collaborated with damaging my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system, ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers, ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. About 6 months in dispute with NFCU they have failed to properly update my accounts communicating it with CRAs so all is aware, failed to communicate with I in an lawful manner about notices like my account being closed the first month in dispute with NFCU, failed to respect any of my rights as the Consumer, neglected all forms of Documents received not complying to any demands/requests. Its clear NFCU is in violation of many of my rights in this Consumer Credit Transaction as an consumer. Last Violations 15 U.S. Code 1691 - Scope of prohibition ( a ) AcTIVITIES CONSTITUTING DISCRIMINATIONIt shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction- 1. on the basis of race, color, religion, national origin, sex or marital status, or age & 15 U.S. Code 6803 - Disclosure of institution privacy policy a financial institution shall provide a clear and conspicuous disclosure to such consumer. Note : Just because no more violations arent listed doesnt mean there isnt any more done in These consumer credit transactions, as stated in 15 USC 1692 There is ABUNDANT EVIDENCE of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. 
Ive completed UCC filing, filed on XX/XX/XXXX for the collateral of Auto Loan with NFCU being the debtors and I Am the Secured Party Creditor.

In Good Faith. All Rights Reserved without Prejudice.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation