Consumer complaint received 2021-12-16
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: AMERICAN HONDA FINANCE CORP (TX)

On XX/XX/2021, I sent American Honda Finance Corporation XXXX Honda Financial Services a Validation of Debt request with an attached Cease and Desist via USPS certified mail, return receipt requested, pursuant to my rights under 15 USC 1692g 15 USC 1692c ( c ). American Honda Finance Corporation XXXX Honda Financial Services is in receipt of this document as of XX/XX/2021 as verified by USPS return receipt. American Honda Finance Corporation XXXX Honda Financial Services has very obviously ignored, disregarded, and violated my rights under Title 15 of the United States Code in Correspondence dated XX/XX/2021 from American Honda Finance Corporation XXXX Honda Financial Services. In said correspondence from American Honda Finance Corporation XXXX Honda Financial Services dated XX/XX/2021, American Honda Finance Corporation XXXX Honda Financial Services states they are in receipt of my Cease and Desist and Validation of Debt request. However, the correspondence states that it is coming from the office of XXXX XXXX XXXX XXXX XXXX Honda Financial Services in-house counsel and is signed by XXXX XXXX Senior Counsel. This is an individual act against 15 USC 1692e ( 3 ) which states the following - A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. In the correspondence from American Honda Finance Corporation XXXX Honda Financial Services dated XX/XX/2021, XXXX XXXX states that American Honda Finance Corporation XXXX Honda Financial Services is not subject to the Fair Debt Collection Practices Act because it is not a debt collector and therefore does not have a legal obligation pursuant to the Fair Debt Collection Practices Act to validate [ my ] account or cease and desist from future communications. The Fair Debt Collection Practices Act defines a debt collector as the following - 15 USC 1692a ( 6 ) : The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 
XXXX XXXX also advises me to review my retail contract regarding my contractual obligations. The Fair Debt Collection Practices Act defines the term debt as the following - 15 USC 1692a ( 5 ) - The term debt means any obligation or alleged obligation. This constitutes American Honda Finance Corporation XXXX Honda Financial Services and XXXX XXXX XXXX debt collector by definition under the Fair Debt Collection Practices Act. Therefore, American Honda Finance Corporation XXXX Honda Financial Services is obligated to comply with my Cease and Desist pursuant to 15 USC 1692c ( c ). In addition, Pursuant to 15 USC 1692g American Honda Finance Corporation XXXX Honda Financial Services is to provide me a written notice with the following information so I, the consumer, can validate the debt - ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. I, the consumer, do not want to speak to this third party XXXX XXXX as they were not involved in the original transaction and I do not consent to this third party being in my affairs. Any testimony or representation from this third party would and will be considered hearsay. In accordance with 15 USC 1692c ( d ), I, consumer in fact, am invoking my administrator and executor status over this matter and is of the age of majority. It is also a fact American Honda Finance Corporation XXXX Honda Financial Services is a corporation and is always considered a minor. Corporations who are considered minors have no legal standing or jurisdiction.