Consumer complaint received 2021-06-30
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: LA
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
To whom it may concern Without Prejudice Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692G stating your claim is disputed and validation is requested. 

The contract that is on file only has the signature of one of the parties which is myself and it doesnt constitute a contract as its not signed by both parties, and I had asked for a contract signed by both parties. I am now requesting that you send over the name and address of the original creditor. I am also requesting the accounting of the transaction associated with this consumer credit transaction. If you have loaned/debited any assets to me it will show in your bookkeeping, and Im sure that you wouldnt mind assuring me that you took money from your own assets by sending over the accounting.. Validation can only be validated just as congress has said. A contract is not validation no where in the Fair Debt Collection Practices Act does is state that a contract is validation. 
Pursuant to 15 USC 1602 The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. So, when congress defines a credit card this means there is no restrictions on what kind of card, just ANY card that is used to obtain money, property, or services on credit. The " credit card '' that was used in the transaction with Nissan Motor Acceptance Corporation was my Social Security card and Drivers License which was used to create the credit. if my social security and Identification isn't a credit card then what makes this a consumer credit transaction? 
Pursuant to the Truth in Lending Act NMAC failed to disclose to me of my right to rescind pursuant to 15 USC 1635 which Is fraud and a federal violation. I am now invoking my right to rescind. NMAC also failed to disclose to me that insurance was supposed to be included in my finance charge pursuant to 15 USC 1605. You did not clearly disclose to me in writing anything of insurance being apart of my finance charge, because of your failure to disclose to me of my rights, I, was not able to give specific affirmative written indication of my desire to obtain the insurance in connection with the extension of credit. If my social security card and identification is not a open end credit plan then why is there a finance charged involved in this consumer credit transaction? 
[ U.S vs. Throckmorton,98 US 61, at pg. 65 ] " fraud vitiates the most solemn contracts, documents and even judgements ''.

Pursuant to the Fair Debt Collection Practice Act In the contract that you have on file, it shows three separate charges for one loan, and all of the charges are shown in the positive. If it is a debt that is allegedly owed it should be shown in the negative. Pursuant to 15 USC 1692e this is a false representative of an amount of a debt. All three charges are a federal violation if it is a debt and it is owed it should be shown in the negative. 
Pursuant to 15 USC 1692G under the validation of debt NMAC was supposed to send ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 15 USC 1692g12 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
NMAC did NOT send anything to me after five days of the initial communication, unless the debt has been paid or the information was contained in the initial communication. It is not contained in the initial communication you have on file. The initial communication that I have is a credit application, that only has my signature. Your failure to disclose to me that the debt could be disputed is a federal violation, because now you assumed the debt to be valid ; not because, I, the consumer failed to dispute the debt but because you, the debt collector, failed to disclose to me the debt could be disputed, and that is fraud. 
Pursuant to 15 USC 1692e ( 11 ) NMAC was supposed to disclose in the initial communication that they were a debt collector attempting to collect a debt and any information obtained would be used for that purpose. NMAC did not disclose to me they were attempting to collect a debt in the initial communication, which is a federal violation under this subchapter. 
Pursuant to 15 USC 1692b ( 5 ) NMAC was not supposed use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. NMAC has used symbols in the contents of envelopes which is a federal violation. 
Pursuant to 15 USC 1692d A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. NMAC has threatened and did hurt my reputation by reporting false and misleading information to the consumer reporting agencies for a debt that was never validated which is a federal violation of the FDCPA and FCRA. Pursuant to 15 USC 1681a ( 2 ) The Fair Credit Reporting Act tells us that our consumer report are our reputation.

Pursuant to 15 USC 1692e ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. NMAC is in direct violation of federal law by reporting to the consumer reporting agencies information that is known to be in dispute. 
Pursuant to 15 USC 1692e ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. NMAC has indeed implied that nonpayment of a debt would result in the garnishment or seizure of my car which is a federal violation of this subchapter. NMAC has not Validated the debt, nor have they presented anything that would constitute that I have a legal obligation to pay them. 
You have had two and a half months to validate the debt, and have failed to do so. This is your last notice to validate the debt or I will consider the debt discharged. 
I, am a, federally protected consumer, original creditor, have received damage from Nissan Motor Acceptance Corporation in all of the federal violations listed. You have cause anxiety, XXXX, sleep deprivation, marriage problems, and finance problems. NMAC has ruined my credit compacity, credit worthiness, credit standing, character and general reputation. 
NMAC are now held criminally liable pursuant to 15 USC 1611 under the Truth in Lending Act. 
NMAC are now held civilly liable pursuant to 15 USC 1640 under the Truth in Lending Act NMAC are now held civilly liable pursuant to 15 USC 1681n under the Fair Credit Reporting Act.

NMAC are now held civilly liable pursuant to 15 USC 1681o under the Fair Credit Reporting Act.

NMAC are now held civilly liable pursuant to 15 USC 1692K under the Fair Debt Collection Practice Act. 
Pursuant to 1692h MULTIPLE DEBTS If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. 
The debt is in dispute and I want all 48 months of payments sent back to me in a cashiers check. 

Notice Any further communication should be done in writing with respect to my federally protected rights not being violated. 

my exhibits are to large to send here with the CFPB but I do have them, and will happily send them through mail along with a validation of debt and an affidavit of Truth.

Company response to consumer: Closed with explanation