Consumer complaint received 2023-06-12
Company: ALLIANT CREDIT UNION
State: NJ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
Notice to Principal is Notice to Agent Notice to Agent is Notice to Principal. 
Silence is acquiescence. Acquiescence is estoppel. 

BILLING ERROR NOTICE I, a natural living man, sent you the indorsed payment coupon ( s ) ( negotiable instrument ) for set-off of account number ( s ) XXXX XXXX XXXX via XXXX XXXX Mail on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. As of XX/XX/XXXX, you have not performed your fiduciary duties which constitutes breach of contract, breach of fiduciary duties and violation of securities. 

Ive recently become aware that the detachable coupons attached to the billing statement that you send me as a bill, are a form of payment. Ive noticed that you send me these statements with the coupons on them and Ive been paying with notes, via web bank for various amounts. The payment is accepted and then you're redeeming the coupon/bond which is double dipping and getting paid twice. 

Moreover, as I mentioned earlier and you may have noticed, Ive indorsed the back of the coupon as the beneficiary on behalf of the principal enclosed with specific instructions to set-off the account ( s ) which you have not completed. The Electronic Fund Transfer Act ( 15 U.S.C. 1693 ) prohibits businesses from refusing payment in non-cash forms such as checks, money orders, coupons or vouchers. If my tender of payment is refused then by law the billing statement is void ; EXTINGUISHMENT OF OBLIGATION CHAPTER 4 Article 1256 If the creditor to whom the lender of payment has been made refuses, the debtor shall be released from responsibility by the consignation of the thing or sum. 

Your failure to perform your fiduciary duties to set-off the account ( s ) now constitutes a billing error. These billing errors may be assumed to be a willful intent on misleading and or deceiving the consumer and are violations of 15 USC 1692e ; 16 USC 1666d ( a ) ; 12 CFR 1026.13 ( 4 ) ; Generally Accepted Accounting Principles ( GAAP ) ; U.C.C. Article 3 ; TILA Act ( Regulation Z ).

SPECIAL INDORSEMENT NOTICE In Accordance With U.C.C. 3-205 ( a ) Be it Known : The XXXX return receipt ( s ) returned to me is evidence of a Common Law-contract between us that has been breached under the Postal Rule also known as the mailbox rule. Enclosed is the copy of indorsed remittance coupon for accord and satisfaction of the obligation due. As to the Declared intent or purpose of this negotiable instrument ( U.C.C. 3-104 ) is a Tender of Payment in accordance with U.C.C. 3-603 as a special deposit order of the Agent/Beneficiary/Surety to be credited to the Principals depository account ( s ) for settlement and set-off for each and every billing cycle. This tender of payment will be against the obligation of the United States ( 18 USC 8 ) or assigns for settlement to that part of the public debt due its Principles and Sureties, once delivered to Recipient. Holder has accepted this payoff legal tender as full set-off of claimed debt and settlement under FRCP Rule 8, The Administrative Act of 1945 ; U.C.C. 3-603 ( b ). The presentment of the negotiable instrument is in accordance with U.C.C. 3-419 and 3-311, Bill of Exchange Act ; HJR-192 of 1933 and Public Law 73-10. 

This communication will be my last good faith attempt with providing you an opportunity to cure your default and perform your fiduciary duties as trustee. If the credits are not applied to the principals account within three ( 3 ) days and my instructions are further dishonored, I will be forced to write a petition to the Judicial District Court for equitable relief due to Breach of Contract and violations of U.C.C. Article 3 ; 16 USC 1666d ( a ) ; 12 CFR 1026.13 ( 4 ). 

I look forward to your prompt response and cooperation. 

Without frivolity, ill will or vexation.

Company response to consumer: Closed with explanation