Consumer complaint received 2022-05-01
Company: NAVY FEDERAL CREDIT UNION
State: IL
Product: Debt collection
Sub-product: Auto debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
1. Affidavit of Truth XX/XX/2022 2. Notice to all, I, am that I am, the consumer in fact, natural person, original creditor lender executor, administrator, holder in due course for any and all derivatives thereof for the surname XXXX, XXXX, and I have been appointed and accepted being the executor both public and private for all matters proceedings, and I hereby claim that I will d/b/a XXXX, XXXX and autograph as the agent, attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that maybe, I depose the following facts, so be it, now present.

Navy Federal Credit Union a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is, inaccurate, 15 USC 1681s-2. NO SIGNED PROMISSORY NOTE BY THE CONSUMER!!! 
Navy Federal Credit Union a person shall not furnish information relating to a consumer to any consumer reporting agency if ; the information is in fact inaccurate, 15 USC 1681s-2.

Navy Federal Credit Union pursuant 15 USC 1666a REPORTS BY CREDITOR ON OBLIGORS FAILURE TO PAY AMOUNT REGARDED AS BILLING ERROR After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.

( b ) REPORTS BY CREDITOR ON DELINQUENT AMOUNTS IN DISPUTE ; NOTIFICATION OF OBLIGOR OF PARTIES NOTIFIED OF DELINQUENCY If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. 
( c ) REPORTS BY CREDITOR OF SUBSEQUENT RESOLUTION OF DELINQUENT AMOUNTS A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 
Navy Federal Credit Union is currently re-aging my consumer report to keep me the consumer in the negative, pursuant 15 USC 1681c Requirements relating to information contained in consumer reports.

The term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, which would cause a reasonable person to have substantial doubts about the accuracy of the information.

1. Navy Federal Credit Union you can not produce documentary evidence/promissory note with my wet signature, agreeing to this their empty disclosures or inadequate notice, pursuant 15 USC 1602 ( k ).

2. Navy Federal Credit Union has refused to directly address my proven claims that the promissory note contains numerous violations to TRUTH in Lending, Fair Debt Collection Practices Act, Fair Credit Reporting Act.

3. This is further proof Navy Federal Credit Union is in the business of financing extortionate extensions of credit and will use unconscious able means to collect on those loans, Pursuant 18 USC 893 Financing extortionate extensions of credit and 18 USC Collections of credit by extortionate means.

Documentary evidence attached will show a letter refusing my right to rescind this transaction pursuant 15 USC 1635, and unsigned promissory note. Observe the date and applicant signature section. Signature section is blank, unendorsed. NAVY Federal credit Union can not a promissory note with that date and my wet signature, also NFCU references Title 18 U.S, Codes, section 1014 in the same signature section. Under the same Title NFCU REFERENCES, I declare as a natural person, NCFU is guilty of 18 USC 892 Making extortionate extensions of credit, 18 U.S. Codes 893 Financing extortionate extensions of credit and 18 USC 893 Collection of extensions of credit by extortionate means. And I demand that anyone who is connected in these extortionate efforts be sentenced to the 20 years the U.S. Codes demand for such actions.

18 U.S. Code 892 - Making extortionate extensions of credit ( a ) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

( b ) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection ( a ) : ( 1 ) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor ( A ) in the jurisdiction within which the debtor, if a natural person, resided or ( B ) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made. 
( 2 ) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. 
( 3 ) At the time the extension of credit was made, the debtor reasonably believed that either ( A ) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or ( B ) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.

( 4 ) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded {$100.00}.

18 USC 893 Financing extortionate extensions of credit Whoever willfully advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be fined under this title or an amount not exceeding twice the value of the money or property so advanced, whichever is greater, or shall be imprisoned not more than 20 years, or both.

18 U.S. Code 894- Collection of extensions of credit by extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.

( b ) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.

( c ) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892 ( b ) ( 1 ) or the circumstances described in section 892 ( b ) ( 2 ), and direct evidence of the actual belief of the debtor as to the creditors collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.

NFCU can not produce a promissory note with wet signature. NFCU does not have my permission and never had permission to report this alleged debt. NFCU has used my identifiable likeness against my permission in an effort to destroy my credit character and extort money from me the natural person. That is a violation of the following.

18 U.S. Code 1028A - Aggravated identity theft ( a ) Offenses.

( 1 ) In general.

Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

( 2 ) Terrorism offense.

Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

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