Consumer complaint received 2021-10-29
Company: NAVY FEDERAL CREDIT UNION
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am a federally protected consumer, and debtor who is invoking my rights as such. I have entered in a consumer credit transaction with Navy Federal who has extended me credit in an open-ended consumer credit plan. Navy Federal has previously denied me my credit and or requests for higher credit amounts limits. I have notice billing errors on my billing statements and made claims to Navy federal in regards to the error pursuant 15U.S.Code 1666. They have sent me billing statements that has shown a positive number that reflects a positive balance in my account. It would be unlawful to pay a debt that is in a positive status. This is false and misleading pursuant to 15U.S.Code 1692e. and I refuse to pay this alleged debt. Navy Federal has stated they have accepted my cease and desist which put them on notice of fault regarding the billing error. Navy federal since then has disregarded the billing error claims and stated they only have acknowledged the cease and desist notice. I have restated my billing error claims to be address for any reason there were any miscommunication. They have responded that they will take adverse action against me by taking payments from my shared accounts without my authorization to pay the alleged debt if not paid on its due date. They have done this on multiple occasions without my authorization or prior knowledge. In accordance with 15U.S.Code1602 states Unauthorized Use is a direct violation of the law and serves me no benefit for they have used my credit card for reasons they were not authorized to do such. Navy federal has also threatened me with a debt collection notice pursuant to 15U.S.Code1666 ( d ) ( e ) which states restricting, closing or taking any adverse action without presenting documentary evidence pursuant to 15 U.S.C 44 to clarify and resolve the billing error in an open-ended consumer transaction is prohibited and forfeit its rights to collect the disputed amount. Documentary evidence as describe in the IRS Publication 583 is for the books of account that shall verify who funded the account and how much is owe in accordance with the journal and ledger entries from when the account was opened. Navy Federal has sent me a promise to pay and debt validation in the form of a credit card agreement statement. A credit card agreement statement is not a binding contract and in accordance with the federal law a promise to pay is an agreement between the consumer and the lender who is the borrower ; the borrower promises to pay a set amount on its due date. This is also false and misleading in accordance to the law. They are demanding that I pay this allege debt not owe by unlawful means to collect pursuant to 18U.S.Code8 states the obligation is of the U.S thereof XXXX I the consumer and debtor do not owe the allege debt. Navy federal is using deceptive and unfair business practices by posing as a creditor and a collector who collects debts by such unlawful means. As stated in 15U.S.Code1681 the banking system is dependent upon fair and accurate credit reporting, and they refuse to follow they federal law and continues violate my consumer rights for their own profit and gain. Navy Federal is a non-profit corporation who mission statement confirms that I am a member-owner. The misconduct of their business practices is unlawful and contradicts their mission statement and policies regarding me being a member-owner. I shall be identified and treated as such. 
Navy Federal dishonored my remittance payment that was sent and stated it is a non- negotiable instrument. The instrument on file with my endorsement shall constitute as payment in accordance with the UCC 3-603. Navy federal advertises that they are NCUA insured and makes claims in regards to those consumers accounts that they are insured. This is false advertisement by Navy Federal for they are not providing the means to correct the account billing errors in a timely manner in accordance with the Truth in lending Act.

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