Consumer complaint received 2023-09-07
Company: NAVY FEDERAL CREDIT UNION
State: SC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Notice to repossess

Complaint:
On XX/XX/2023, at XXXX XXXX my car was stolen by a tow truck. I woke up the next day without a notice or a heads up that my car would be stolen in the night. It took me all day to process what could have happened. So, I called the financial Intuition and asked for the Repossession department. I recorded the call as they also stated we were speaking on a recorded line. I proceed to ask did they have anything to do with my car being taken or Repossessed They proceed to say yes, and she gave me the 3rd party company ( XXXX XXXX ) who I had no knowledge of and the company phone number to get in touch with them. She proceeds to state that I would be in charge of any storage fees, and I need insurance to on the car and that Navy federal must be listed as the lien holder and she gave me the amount to bring my loan current, and all this must be done before I can get my car back. 
Per the UCC 11 search I am the only one to have and hold the only lien to my private property, my car. I have certified copy of proof that I will upload of the UCC 11 Search. So thats 1 violation. Per 15 USC code 1692f Unfair Practices : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section. ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; Also 15 USC code 6802 Obligations with respect to disclosures of personal information : ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Per 15 U.S. Code 1681n - Civil liability for willful noncompliance : ( a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

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