Consumer complaint received 2021-12-15
Company: AMERICAN HONDA FINANCE CORP
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
On XX/XX/2021 I sent American Honda Finance Corporation d/b/a Honda Financial Services a tender/money order for special deposit as a non cash item ( 12 CFR 229.2 ( u ) ) in full settlement of the alleged obligation of {$930.00} in accordance with 12 CFR 204.2 ; U.C.C. 3-601 ; U.C.C. 3-603 ; U.C.C. 3-604 ; and U.C.C. 3-311. By XX/XX/2021, my account had not been adjusted in accordance with the tender nor had I received proper notice of dishonor from American Honda Finance Corporation d/b/a Honda Financial Services and had received a second statement stating my payment was late, with a new alleged obligation amount that included a late fee ( individual act against 15 USC 1692f ). Pursuant to UCC 3-603 ( b ), if American Honda Finance Corporation d/b/a Honda Financial Services refuses my tender XXXX American Honda Finance Corporation d/b/a Honda Financial Services must discharge tendered amount. In the event American Honda Finance Corporation d/b/a Honda Financial Services dishonor through nonperformance and nonresponse was unintentional or due to reasonable neglect, mistake, or impossibility, On XX/XX/XXXX I sent a Notice of Default and Opportunity to Cure and gave American Honda Finance Corporation d/b/a Honda Financial Services the opportunity to send confirmation that my account and open end credit plan had been adjusted in accordance with the tender in full settlement of the alleged obligation sent on XX/XX/2021 or send a Notice of Dishonor to allow me to cure any defects. I received correspondence dated XX/XX/2021 stating American Honda Finance Corporation d/b/a Honda Financial Services was in receipt of my Notice of Default and opportunity to cure. However, the correspondence states that it is coming from the office of XXXXmerican Honda Finance Corporation d/b/a Honda Financial Services in-house counsel and is signed by XXXX XXXX Senior Counsel. This is an individual act against 15 USC 1692e ( 3 ) which states the following - A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. In the correspondence from American Honda Finance Corporation d/b/a Honda Financial Services dated XX/XX/2021, XXXX XXXX states that the documents I sent with proof of payment as well as my Notice of Default and Opportunity to CurXXXX have no legal effect, are not a valid form of payment, and do not discharge the debt [ I ] owe to [ American Honda Finance Corporation d/b/a Honda Financial Services ] and advises me to review my retail contract regarding my contractual obligations. American Honda Finance Corporation d/b/a Honda Financial Services can not represent as an attorney and collect a debt at the same time without being a debt collector. This is a violation of 15 USC 1692e ( 3 ) and I, the consumer, do not want to speak to this third party as they were not involved in the original transaction and I do not consent to this third party being in my affairs. Any testimony or representation from this third party would and will be considered hearsay. In accordance with 15 USC 1692c ( d ), I, consumer in fact, am invoking my administrator and executor status over this matter and is of the age of majority. It is also a fact American Honda Finance Corporation d/b/a Honda Financial Services is XXXX corporation and is always considered a minor. Corporations who are considered minors have no legal standing or jurisdiction. The laws/codes/federal regulations stated at the beginning of this complaint support my form of payment as valid and that the alleged debt is to be discharged. XXXX XXXX states that any future mailings of this type ( my good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the account ) will be destroyed. This is an individual act against 15 USC 1692d ( 2 ) use of obscene or profane language. Notice, XXXX XXXX was not present at the consummation of my consumer credit transaction with American Honda Finance Corporation d/b/a Honda Financial Services, therefore XXXX XXXX does not have permission from myself, the consumer, to be in possession of my personal consumer information, nor does XXXX XXXX have the right to destroy any documents sent by me to American Honda Finance Corporation d/b/a Honda Financial Services in good faith.

Company response to consumer: Closed with explanation