Consumer complaint received 2022-02-06
Company: NAVY FEDERAL CREDIT UNION
State: AL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
XXXX XXXX XXXX XXXX, XXXX. Navy Federal Credit Union XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Alabama [ XXXX ] XXXXXXXX XXXX XXXX XXXX XXXX XXXX 


TESTIMONY IN THE FORM OF AN AFFIDAVIT OF FACT Consumer Enforcement as Administrative Counter-Claim by Private Right of Action Re : Account number XXXX XXXX XXXX 8621 Notice, it is a Fact, I AM a federally protected consumer/natural person and holder in due course pursuant to 16 CFR 433.1, 15 U.S. Code 1692a ( 3 ), UCC 1-201 ( 11 ), and UCC 3-306.

Notice, it is a Fact, in accordance with 16 C.F.R. 433.3 Navy Federal is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the affiant, may invoke his rights as the debtor in this consumer credit contract against Navy Federal for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX, is exempt from 16 C.F.R. 433.3. 

Notice, it is a Fact, I AM aware, Navy Federal can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( XXXX ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( XXXX ) for failure to comply with any of the requirements of this section. 

Notice, it is a Fact, the account in question was opened in XX/XX/XXXX, with, Navy Federal, using my personal identification and credit card information as defined in 15 U.S.C. 1602 ( l ). 

Notice, it is a Fact, an account pursuant 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. 

Notice, it is a Fact, since opening the account in question in XXXX of XXXX, I have paid a monthly bill to Navy Federal, online, using my personal debit card information. 

Notice, it is a Fact, according to 15 U.S. Code 1692 Congressional findings and declaration of purpose ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 

Notice, it is a Fact, on the remittance statement for the month of XX/XX/XXXX, I made a qualified endorsement on the back of the instrument and tendered it for payment. ( See Exhibit A ) Notice, it is a Fact, the instrument was received and processed for the minimum payment due, not for the amount specified in the box for Amount Enclosed. Navy Federal is in violation of an adverse action according to 15 U.S. Code 1681a ( k ) ( XXXX ) ( iv ) ( XXXX ). 

Notice, it is a Fact, I tendered payment the same way for the month of XX/XX/XXXX, sent by certified mail. ( See Exhibit B ) Notice, it is a Fact, when I called to check to see if the instrument had made it to the processing department, the woman I spoke with in the credit card department said they never received the instrument. A couple of days later, Navy Federal froze my account. I could not access my credit card account until I made a payment from me checking account. ( See Exhibit C ) Navy Federal is in violation of an adverse action according to 15 U.S. Code 1681a ( k ) ( 1 ) ( iv ) ( II ). 

Notice, it is a Fact, I made three copies of the remittance statement for the month of XX/XX/XXXX, that was sent by certified mail. I mailed a copy to the processing center, the CFO, and the registered agent in Alabama. ( See Exhibit D ) Notice, it is a Fact, Navy Federal is in violation of the Stamp Duties Act because I included a stamp on the instrument, making me the postmaster of the instrument. ( See Exhibit D ) Notice, it is a Fact, I received all three Domestic Return Receipts showing each copy was delivered to its intended recipients. ( See Exhibits E, F, and G ) Notice, it is a Fact, on XX/XX/XXXX, the due date, I called to see if the processing center had received the instrument mailed to them. The man I spoke with said they had not. A few days after the XXXX, Navy Federal once again froze my account. The credit card account is still froze. ( See Exhibit H ). 

Notice, it is a Fact, in XXXX, the CFPB Orders Navy Federal Credit Union to Pay {$28.00} Million for Improper Debt Collection Actions. Credit Union Used False Threats to Collect Debts and Placed Unfair Restrictions on Account Access. ( See Exhibit I ) Notice, it is a Fact, I included a copy of the CFPBs judgment against Navy Federal with each of the instruments mailed to the processing center, the CFO, and the registered agent, letting them know I AM aware of their unfair debt collection practices. Navy Federal still froze my account. 

Notice, it is a Fact, Navy Federal Credit Union is still violating the Consent Order issued by the CFPB filed on XX/XX/XXXX. 

Notice, it is a Fact, Navy Federal Credit Union is still illegally freezing members access to their accounts. 

Notice, it is a Fact, affiant has reason to believe and does so believe, Navy Federal has been participating in racketeering activity as defined in 18 U.S. Code 1961, by knowingly, intentionally, with forethought and malice have been sending dividends but, in fact, making the affiant believe that dividends were an invoice for a line of credit, which is embezzlement, theft by deception and extortion. 

Notice, it is a Fact, affiant has reason to believe and does so believe, Navy Federal is in violation of 18 U.S. Code 1341 by knowingly participating in fraud through the US Mail. 

Notice, it is a Fact, affiant has reason to believe and does so believe, Navy Federal is in violation of 15 U.S. Code 1692e ( 2 ) ( a ). I could not legally define this symbol, . The amount on the statement is positive amount. How can I pay on a positive amount?

Notice, it is a Fact, affiant has reason to believe and does so believe, as a federally protected consumer, I do not owe the alleged debt. 

Notice, it is a Fact, affiant has reason to believe and does so believe that all past, present, and future billing statements received from Navy Federal are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened, XX/XX/XXXX. 

Notice, it is a Fact, I AM aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S. Code 1666 ( e ).

Notice, it is a Fact, Navy Federal shall follow the following procedures as defined pursuant 12 CFR 1026.13 ( e ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XXXX of XXXX, current, and future payments. 

Notice, it is a Fact, when a financial institution extends credit, for a credit card or a mortgage, it is the costumers credit, not theirs. Financial institutions do not loan their customers ' deposits, or their institutions reserves. Instead, they record the customers credit as a financial institutions liability on the private side of the ledger ( which is hidden ), and as a financial institutions asset on the public side of the ledger ( which is visible ). 

Notice, it is a Fact, the customer 's signature on a promissory note is what creates the credit by providing commercial energy. The financial institution issues the line of credit in exchange for the customer 's valuable promissory note. The promissory note represents the commercial energy of a living man or woman, which is an asset to the financial institution, and to the market. 

Notice, it is a Fact, A promissory note is an asset created by a man/woman, and this asset can be sold and traded. 

Notice, it is a Fact, the costumers promissory note is really a security purchased by the financial institution, which then has an accounts payable liability that it pretends is a loan. The costumer is the creditor. The financial institution is the debtor. 

Notice, it is a Fact, On the credit card application, the costumers signature transfers his/her intellectual property to the financial institution, so that the note can be securitized and hypothecated on the market. The costumers property includes his/her power of attorney, which is also surrendered, allowing the financial institution to access, and trade on, the Birth Certificate Security Bond issued when he/she was born. The Birth Certificate Bond is issued in the NAME of an Estate Trust. 

Notice, it is a Fact, A living man or woman is a Grantor/Beneficiary/Heir/Agent/Executor to the NAME Estate Trust. But when he/she surrender his/her power of attorney they lose their living standing, becoming liable as a Trustee/Debtor for the NAME Estate Trust, which is surety for the corporate National Debt. The financial institution can now access the Birth Certificate Security Bond. No one signs for the financial institution because it is a Trust agreement, not a contract. 

Notice, it is a Fact, financial institutions do not use Generally Accepted Accounting Principles ( GAAP ), the standard framework of guidelines for financial accounting. Instead, financial institutions use a double entry system that accounts for both creditor assets, and debtor liabilities. 

Notice, it is a Fact, when we look at both sides of the ledger, we can see that men and women are creditors, not debtors. The costumer loans the financial institution his/her credit, and they multiply it in several ways. Financial institutions really do extend credit, but it's the costumers credit that is extended for the financial institutions benefit. The costumer is shown only the side of the ledger that records him/her as a debtor, while the side of the ledger that records him/her as a creditor is hidden. 

Notice, it is a Fact, On the financial institutions asset side of the ledger, publicly visible, showing accounts receivable, the costumer is the debtor, and the financial institution is the creditor, while on the financial institutions liability side of the ledger, privately hidden, showing accounts payable, the costumer is the creditor, and the financial institution is the debtor. 

Notice, it is a Fact, A presentment is a written demand for payment, or for a performance. Presentments addressed to the artificial legal person NAME, are often in all-capital-letters and/or with a fictional title such as Mr. or Mrs.. They are not addressed to a living man or woman.

Notice, it is a Fact, in the United States Styles Manual it says that a name in ALL CAPITAL LETTERS is either an acronym, the name of a corporation, or the name of a trust. 

Notice, it is a Fact, as a living man, I AM the rightful controlling Agent, Beneficiary, Executor for XXXX XXXX XXXX, TRUST. I AM not the liable Trustee. 

Notice, it is a Fact, when I filled out the credit card application with Navy Federal Credit Union, I had to provide my personal/private data, which included my Social Security Account Number. The Social Security XXXXrust Account Number gave Navy Federal Credit Union access to the Trust account, making them the Trustee with a fiduciary obligation to me as the Beneficiary. 
Notice, it is a Fact, financial institutions are prohibited from loaning money or credit according to 12 CFR Part 1026 - TRUTH IN LENDING ( REGULATION Z ) Notice, it is a Fact, financial institutions can not loan other depositors money because of the matching principle under GAAP. 
Notice, it is a Fact, financial institutions can not loan out nor risk any of their own assets because of Federal Reserve regulations. 
Notice, it is a Fact, in order to accept a credit application or promissory note, financial institutions must convert the costumers note into a check and give it back to him/her. Only they can do this because they have a monopoly on Negotiable Instruments. 
Notice, it is a Fact, the funding for a credit card comes from the costumers agreement to open the card. The costumers initial promise to pay, is the payment. It is a Promissory Note/Negotiable Instrument.

I declare under penalty of perjury without the United States ( 28 U.S.C 1746 ) that the Above is the Truth, The Whole Truth and Nothing but the Truth to the best of my knowledge and Overstanding.

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