Consumer complaint received 2021-10-13
Company: MOUNTAIN AMERICA FEDERAL CREDIT UNION
State: NV
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:
On XX/XX/XXXX I got a automobile with XXXX XXXX deals in XXXX XXXX. On the evening of XX/XX/XXXX i called up the sales guy XXXX XXXX from the dealership and told him that i would like to cancel the agreement and return the automobile back. He said to call him the next morning. I called the next morning within 24hours of the agreement and he told me that there was nothing he could do and that it was too late, the paperwork had already gone through and I should speak to MACU who funded the loan. 

2. I called up the Mountain America Credit Union XX/XX/XXXX and spoke to a rep and asked if I could return the automobile. I was advised again it was too late by the sales support and I even asked how do i get out of the agreement and they told me its too late now, and the best thing i could do is to make payment as it would get really messy. 

3. Then the COVID 19 and the world went on lock down and the payments needed to be made on the car. They pushed the payments out on the car to the end of the loan for six months, and started to harass and make threatening calls for payments at the end of the six months had expired, they even started calling my mother in laws house, which they had no authorization to do. 

4.I told them I did not want the automobile from the beginning, and they had a tow company come and take the car. 

5. I re-read the the credit agreement and the FCRA and I saw the Notice to recession in the agreement and it was rewritten unilaterally in favor of the seller and not in accordance with the federal law or FCRA 15 USC 1635. the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau , of his intention to do so. Which was exactly what I had tried to do cancel the agreement with 24 hours at the time, even though I was unaware about these laws. Please see attachment of the copy of MACU agreement. 

6.Once they took the automobile back they put a repossession mark on my credit report. 

7. I inquired about getting the mark removed from my credit report by asking them to validate the debt under penalty or perjury, which they ignored in XX/XX/XXXX. ( Please see attached copy ). 

8. I then sent a second request XX/XX/XXXX for Debt Validation with a signed affidavit included, requesting them to validate the two debt ( s ) account or remove it from my credit report immediately. Because they failed to answer my first request for validation I hold them liable for damages and emotional stress, injuries and breaking title 15 laws. I told them they would agree to pay me {$50000.00} if they did not respond within the time frame. 

9. On XX/XX/XXXX they sent me a letter back saying that the debt is mine and my attempts to get out of paying the debt is not going to work.They sent a photocopy of the credit card agreement, and the automobile agreement.They also said i voluntary signed the security agreement and other paper work. 

10. I replied with a 3rd and final notice dated XX/XX/XXXX according to 15 USC 1692 ( B ) 2 its a violation for a debt collector to say a consumer owes a debt, Maxim of law an unrebutted affidavit stands as truth, and they never rebutted any points. I already stated this in my ( 2 ) two previous notices, an affidavit needs to be rebutted point for point or it does not count. ( I have enclosed all the paperwork received ). Also if there is commercial unreasonablness i will revoke my signatures according to my rights in the law. 

11. In my final notice sent XX/XX/XXXX I have asked to have everything disclosed to me, signed under penalty or perjury since this is my 3rd and final attempt i have given them 5 days of receipt of the notice which according to usps the letter was delivered XX/XX/XXXX to respond. If i dont receive an answer within the time frame, there silence is acquiesce and MACU is now contractually obligated to pay the invoice of {$100000.00} which I enclosed in this final letter. fraud vitiates all solemn contracts.I warned them i am willing to take this matter further and take them to court where i will have the seller testify that i tried to return the vehicle the next day and they told me i couldnt. 

12. Because MACU denied me my legal and lawful right to recession from the beginning, they have committed defemination of character by posting these negative remarks to my credit report, they have flipped my career in a shamble, I am in the finance industry and bad credit and negative items are not acceptable to work. 

13. Every aspect of the sale must be reasonable. They have to prove reasonableness and show proper notice of the sale. Disrict of Columbia court rules require the creditors motions, affidavit and supporting documents to show that it complied with applicable law. 

14. The invoice for $ XXXX for emotional distress and injuries, stealing my property, denying me my right of recession as granted by law and loss of earnings. 
My credit was above 700+ before i started dealing with MACU and because they decided to commit fraud, they have messed up my life and because of this I am unable to work or get a job, get a place to live and the XXXX XXXX has been unbearable and my wife divorced me because of it.

Company response to consumer: Closed with explanation