Consumer complaint received 2022-07-12
Company: HUNTINGTON NATIONAL BANK, THE
State: PA
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Vehicle was repossessed or sold the vehicle

Complaint:
On XX/XX/22. Huntingdon bank repossessed my vehicle when I received an email from XXXX XXXX on XX/XX/22 acknowledging that she received the complaint and was going to contact me with a resolve. No response back from XXXX XXXX Assistant Vice President. The recovery agents did not disclose their information other than they were from XXXX XXXX XXXX. I do not have a said account or any contracts with this financial institution. Therefore according to USC 1692 15 U.S. Code 1692b - Acquisition of location information.Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not 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; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

Recovery Agents was not debt collectors nor did Huntingdon Bank Properly Notify Me! Which is a violation according to 15 USC 1681 Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, for a period of not less than 1 year, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose ; and ( B ) refer the information regarding the fraud alert under this paragraph to each of the other consumer reporting agencies described in section 1681a ( p ) of this title, in accordance with procedures developed under section 1681s ( f ) of this title. 15 U.S. Code 1666 - Correction of billing errors U.S. Code Notes prev | next ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligors account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligors belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligors belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.

( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.

( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.

( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.

( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

( 7 ) Any other error described in regulations of the Bureau.

( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligors account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditors compliance with this section.

Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.

( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error.

( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

According to the HJResolution 192 ( 1973-1974 ) states that one can not demand any certain form of currency that would like to receive if it is dollar for dollar. If you review the modern money mechanics article of the Federal Reserve, you will discover that all currency is your credit! The Federal Reserve calls credit " Monetized Debt ''. 
Asking for currency is not legal as per this House Resolution Rule which is a Federal Law. 
Huntingdon Bank conducts unfair practices, unlawfully said I conducted a contract with them under false pretenses under my ALL CAPS NAME which no corporation can conduct and commerce with a living soul. The all caps name is a fictitious name which was created to do Commerce with only. No corporation can conduct nor prove that any legal currency ( which doesn't exist ) came from said bank ( Huntingdon ). I received no response from their banking officials, which is a violation of my rights as a consumer. I was embarrassed and humiliated! I was never offered a rights of rescission as per the TILA ( Truth in Lending Act ). Said agent who deceives consumers for Huntingdon Bank are operating in unlawful ways for monetary gain and commit fraud on a daily basis. I have patiently waited for a respectful resolve to maintain my vehicle for personal use to provide an honest living for my family. I spoke with a supervisor XXXX XXXX and she alleges no known knowledge of where my vehicle is, what fake currency amount it is to retrieve my lawful property. Alleges that XXXX XXXX and the recovery department was gone for the day. However, XXXX XXXX stated that she would in fact contact XXXX XXXX via email to gain more knowledge at hand to what is going on with my initial first complaint with Huntingdon Bank! XXXX XXXX also stated that she would contact me first thing tomorrow morning to let me know where the vehicle is. 
I demand my vehicle back and answers o my first complaint and to this one as it is a violation of my XXXX giving rights! 

I received absolutely no communication from Huntingdon Bank via telephone only harassing emails! Which is also a violation of my consumer rights. I wasn't peoperly notified, no response from XXXX XXXX as per her email correspondence on XX/XX/22.

Company response to consumer: Closed with monetary relief