Consumer complaint received 2024-09-15
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: NAVY FEDERAL CREDIT UNION (CA)

XX/XX/XXXX by : XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  [ XXXX ] For : XXXX [ XXXX XXXX XXXX DEBTOR, Federally Protected Consumer NOTICE OF FRAUD AND BAD FAITH REQUEST FOR REMEDY AND SETTLEMENT or ARBITRATION STATE OF CALIFORNIA XXXX XXXX XXXX XXXX XXXX XXXX NAVY FEDERAL CREDIT UNION Cc : CFPB & FTC XXXX, XXXX, XXXX Attorney General, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Secretary of the Treasury, XXXX XXXX Comptroller of Currency XXXX XXXX XXXX Attn : Billing Errors XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Disputes XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Navy Federal Auto Loan Account Number XXXX Member ID Number XXXX XXXX XXXX. Facts Surrounding the Breaches : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Agent for the Federally Protected Consumer, XXXX XXXX, ( consumer or Consumer ), whereas, an auto loan negatively reporting on consumer reporting bureaus with Navy Federal Credit Union ( hereinafter " NFCU '' ), which has been in dispute for a period exceeding four ( 4 ) years, and per the Fair Credit Reporting Act, Navy Federal Credit Union is in violation of the below offenses against the Consumer. 
XXXX. During this period, NFCU has consistently reported inaccurate and adverse information concerning the credit card account to various consumer reporting agencies, despite multiple disputes and requests for correction, withheld information, acting in Bad Faith to perpetuate fraud against this federally protected Consumer. 
XXXX. Pursuant to Title 18 U.S. Code 8.8, Navy Federal has committed securities and mail fraud, by mailing this Consumer statements through the XXXX XXXX XXXX XXXX requesting that this Consumer pay a debt that has already been paid, thus getting paid twice on the security without any prior written authorization to withhold credits and monetize Consumers security. 
XXXX. Pursuant to 15 U.S. Code 1692 ( j ), Navy Federal Credit Union has delivered via mail, monthly statements, creating the false belief in me, the consumer that a debt that has already been paid,- pursuant to 18 U.S. Code 8 is owed by me. Navy Federal Credit Union has purposely deceived me, the consumer into believing that I am to pay a debt that has already been paid, which means Navy Federal Credit Union has been paid twice since the inception of the credit card account. 
XXXX. Pursuant to 18 U.S. Code 1961, Navy Federal Credit Union has committed racketeering activity by extorting money from the consumer, to satisfy a debt, which thus has already been paid, pursuant to Title 18 U.S. Code 8. 
XXXX. This ongoing inaccurate reporting has caused significant emotional distress and financial loss, hindering this Consumers ability to secure credit and other financial and commercial opportunities, thus violating the Commerce Code by preventing the Consumer from participating in Commerce. 
XXXX. As a result of NFCU 's continued negative reporting, the Consumer has suffered irreparable damages to consumer reports, including but not limited to denial of credit, adverse loan terms, and harm to the Consumers ability to advance credit standing, unable to participate in numerous commercial opportunities where denial of credit prevented the acquisition of appreciating assets, with $ XXXX XXXX. 
XXXX. NFCU did not credit the appropriate account, pursuant to the Electronic Funds Transfer Act, from the dividend interest from all payments that NFCU earned from the Treasury Coupon from the consumer account security, which constitutes securities fraud ; reference Treasury Direct Account Number : XXXX. Should NFCU or the Treasury Department require a XXXX or XXXX  XXXX, the XXXX. Agent will happily provide this authorization, let it be known here that this Notice, pursuant to 15 U.S. Code 7006, the authorized agents, Secretary for the U.S. Treasury, A.G. and Comptroller have the authority to settle all debts in accordance with applicable laws, this Notice may serve as authorization to settle debts, in accordance with U.S. Code 7006, void where prohibited. 
XXXX. Notices can be sent to : Drawer c/o XXXX XXXX XXXX XXXX XXXX XXXX XXXX [ XXXX ] XXXX Secretary of the Treasury Treasury XXXX  - XXXX XXXX XXXX XXXX XXXX  XXXX XXXX 

XXXX. Banking Information : Treasury Direct Account Number : XXXX Routing number : XXXX Secretary of Treasury is the banker for this account in accordance with XXXX C.F. Regulations XXXX XXXX. Breach of Federal Statutes and Consumer Rights : I hereby assert that Navy Federal Credit Union is in breach of multiple provisions under the Fair Credit Reporting Act ( FCRA ), Electronic Funds Transfer Act, Privacy Act, Truth in Lending Act, United States Code of Federal Regulations, Internal Revenue Code, as follows : XXXX. XXXX XXXX Code XXXX - Responsibilities of Furnishers of Information to Consumer Reporting Agencies NFCU has violated the following provisions : Providing inaccurate or incomplete information : NFCU knowingly provided incorrect information regarding my account status without reasonable investigation. 
Failure to correct or update : NFCU has failed to correct or update the information after multiple disputes, despite the known inaccuracy. 
Failure to notify : NFCU failed to properly notify me when negative information was being reported about my account. 
Lack of investigation : NFCU did not conduct a reasonable investigation into my disputes concerning the accuracy of the credit report. 

2.3. 15 U.S. Code 1681 ( i ) - Procedure in Case of Disputed Accuracy NFCU has failed to follow the required procedures for dispute resolution : Failure to correct inaccurate information : Despite filing disputes, the inaccurate information remains on my credit report beyond the legally required 30-day period, violating this provision. 

2.4. 15 U.S. Code 1681 ( n ) - Civil Liability for Willful Noncompliance NFCUs actions constitute willful noncompliance with the FCRA : NFCU knowingly continued to report inaccurate information after multiple disputes and failed to take corrective action. 
As a result, the Consumer and all authorized representatives, seek actual damages, statutory damages ranging from {$100.00} to {$1000.00} per violation, and punitive damages due to the willful nature of the violations. 

2.5. 15 U.S. Code 1681 ( o ) - Civil Liability for Negligent Noncompliance In the alternative, NFCUs conduct reflects negligent noncompliance with the FCRA : NFCU negligently failed to comply with its obligations to ensure accurate reporting, for which entitled to recover actual damages, including attorneys fees and costs. 

2.6. 15 U.S. Code 1681 ( m ) - Requirements on Users of Consumer Reports NFCU has violated the following provisions : Failure to provide adverse action notices : NFCU did not provide me with the necessary adverse action notices when negative reporting on my account caused financial harm. 

2.7. 15 U.S. Code 1681 ( e ) - Compliance Procedures NFCU has failed to follow reasonable compliance procedures to ensure accurate reporting : The credit reporting agencies, as well as NFCU as a furnisher, did not implement procedures to prevent the continuous reporting of inaccurate or outdated information regarding my account. 

2.8. 15 U.S. Code 6802 - Obligations With Respect to Disclosures of Personal Information. 
NFCU has violated my privacy and consumer rights. 
By negatively reporting a disputed account, the adverse, on-going and immeasurable negative affects on this Consumers credit, consumer ratings, ability to obtain future financing for home loans, have caused irreparable punitive damages due to bad faith as NFCU, as fiduciary to the Consumer and Consumers Private Personal Identifiable Information, egregiously violated the rights of the Consumer. Consumer seeks the maximum award for damages allowable. 

2.9. 15 U.S. Code 1681 - Inaccurate Reporting NFCU has violated this Consumers rights by negatively reporting an adverse claim in dispute by this Consumer. 
By negative ely reporting against this Consumers credit history an account that has been disputed for over 4 years preventing credit lines to be obtained, this Consumer is asking for the maximum allowable penalties for all damages. This occurred on all three ( 3 ) credit bureaus.

2.10. 15 U.S. Code 1692 ( e ) False and Misleading Representation NF
CU has continually sent the Consumer false and misleading statements via XXXX. and The false and misleading statements which indicate that the Consumer is required to pay a debt that is already satisfied, per XXXX XXXX, the misleading statements include payment vouchers deceiving the Consumer that a debt his owed when it was charged off, which per XXXX. Code XXXX section XXXX, is deemed income and should not be reported as debt. 

2.11. 18 U.S. Code 894 No Negative Information Should Be Furnished To Your Credit Report Without Your Lawful Authority NFCU has furnished negative remarks unlawfully against a federally protected Consumer. 
By negative ely reporting against this Consumers credit history an account that has been disputed for over 4 years preventing credit lines to be obtained, this Consumer is asking for the maximum allowable penalties for all damages. This occurred on all three ( 3 ) credit bureaus.

2.12. 15 U.S. Code 1666 ( d ), Positive Balances Any POSI
TIVE balance, in excess of {$1.00}, related to the disputed amount be credited to XXXX  account, see section XXXX., and, this accounting should be furnished in the form of an accurate statement.

Navy Federal Credit Union make a good faith effort to refund to me, the consumer by cash, check, or money order any part of the credit balances that have been paid in excess to Navy Federal Credit Union by me, the consumer. Pursuant to 18 USC 8, all debts are the obligation of the United States. 

2.13. 15 U.S. Code 1666 ( a ), Adverse Actions During Dispute NFCU violated this statute directly against the Consumers best interest during an active disputer for over 4 years No institution should take any adverse actions such as late payments in the form of negative credit reporting upon receipt of any dispute, including but not limited to all prior notices and this notice and all prior notices from XXXX, pursuant to 15 USC 1666 ( a ). as the consumer had and has the right to withhold payment during a billing dispute and for no adverse action to be taken by NFCU against the consumer. 



3. Harm and Injury : 3.1. The continued inaccurate reporting of my credit card account has caused significant and ongoing harm to my credit score, preventing me from obtaining credit on favorable terms. 
XXXX. I have experienced actual damages, including, denial of credit, increased interest rates on loans, and punitive damages for emotional distress as a result of NFCUs failure to correct and update my credit report. 
XXXX. I am seeking legal recourse for the damages sustained due to NFCUs willful and/or negligent noncompliance with the FCRA, including actual damages, statutory damages, punitive damages, and attorneys fees. 
XXXX. Remedy : NFCUs failure to meet its responsibilities as outlined by the FCRA has caused this Consumer significant financial, actual, and emotional harm. I, respectfully, request that immediate action be taken to rectify the situation : NFCU, alongside the Credit Bureaus, remove any and all inaccurate information posted by NFCU to either reflect Paid in full, and Good Standing or have it be removed immediately from the Consumers credit report for any and all NFCU accounts, and, NFCU compensates the CONSUMER for the actual damages sustained from their willful harm, in the offenses stated above losing actual financial investment opportunities over XXXXXXXX XXXX XXXX XXXX years totaling XXXX XXXX, {$9.00} XXXX U.S. Dollars ( {$9.00} XXXX ). 
NFCU compensates the CONSUMER for the statutory damages sustained from their willful harm, in the amounts stated above, XXXX times, across all XXXX bureaus totaling, {$51000.00} for fifty-one ( XXXX ) self-evident FCRA violations above. 
NFCU compensates the CONSUMER for the punitive damages sustained from their willful harm, in the offenses stated above losing countless exhaustive nights sleep, stressful days working XXXX jobs, trying to make ends meet without the access to, what would have been accessible and available credit, had there been no constant negative reporting, whereas the damages are to include the punitive damages for pain and suffering, emotional distress, bad faith from a fiduciary, in the amount of XXXX XXXX U.S. dollars ( {$5.00} XXXX ). 
I declare under penalty of perjury, without the United States, that the foregoing is true and correct to the best of my knowledge. 
Date : XX/XX/XXXX By : XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, all rights reserved For : XXXX XXXX, DEBTOR and TRANSMITTING UTILITY, copyright, copy-claim