Consumer complaint received 2023-03-20
Company: NAVY FEDERAL CREDIT UNION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Affidavits signed, sealed and delivered to the principal of Navy Federal Credit Union hereinafter, Navy Federal Credit Union in regards to a consumer credit transaction have not been answered and therefor Navy Federal Credit Union now stands in default. 

The consumer asked Navy Federal Credit Union to provide documentation showing a lawful claim of right in the form of United States Dollars which they failed to do. Their is standing case law that applies to this consumer credit transaction being ; 1st National Bank Of Montgomery vs. Jerome Daly, XXXX XXXX Minnesota. 

Whereas, XXXX XXXX admitted that all of the money or credit which was used as a consideration was created upon their books, that this was standard banking practice exercised by their bank in combination with the Federal Reserve Bank of XXXX, another private Bank, further that he knew of no United States Statute or Law that gave the Plaintiff the authority to do this. Plaintiff further claimed that Defendant by using the ledger book created credit and by paying on the Note and Mortgage waived any right to complain about the Consideration and that the Defendant was estopped from doing so.

This very issue was raised in the affidavits which have not been answered whereas, the consumer reserved all rights prior to going into contract with Navy Federal Credit Union and has acted in good faith to get answers concerning the consumer credit transaction which should be available upon demand.

After Final Notice of Default was served upon Navy Federal Credit Union, the creditor or an agent thereof issued a cease and desist which recognized their lack of standing, " communications are provided to you for compliance and /or informational purposes only and should not be construed as an attempt to contact you for payment. '' After understanding the lack of standing Navy Federal Credit Union then failed in their Obligations with respect to disclosures of personal information and shared the consumers personal information to a third-party without providing notice and the option to opt-out as discussed in 15 USC 6802.

The third-party is a Repossession Company whom the consumer did not consent to contract with nor knowing consent to the said company nor any agents thereof to possess the personal information of said consumer. The Repossession Company arrived at the consumer 's home in the dead of night frightening everyone inside the home on the night of XX/XX/2023 and this has added to the emotion distress, marital instability and other damages in which Title 15 1692 protects the consumer from.

Furthermore, Navy Federal Credit Union has violated

Title 15 1692 by the use of abusive, deceptive, and unfair debt collection practices ; and Title 15 USC 1692f where Congress declared a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt, by contracting with a Third-Party, Navy Federal Credit Union has knowingly violated 15 USC 1692f ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest.

By acquiescence Navy Federal Credit Union has waived the right to possession of the property and has agreed to release the Title Free and Clear for the Consumer.

*All Attached Affidavits have been Signed Sealed and Delivered

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief