Consumer complaint received 2024-05-27
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: ALLIANT CREDIT UNION (AZ)

Notice to Principal is notice to Agent, Notice to Agent is notice to Principal Private Administrative Procedure This Affidavit is Governed according to the law XXXX XXXX XXXX Notice, Private legislation Let XXXX be our Judge as he has set the Watchers to watch over Man To : ALLIANT CREDIT UNION XXXX XXXX XXXX XXXX XXXX XXXX XXXX From : Entitlement Holder, Registered Owner XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Unauthorized and Unlawful Repossession Actions Dear ALLIANT CREDIT UNION, I am writing to address a critical issue regarding the retail installment contract dated XX/XX/XXXX for the purchase of XXXX XXXX XXXX XXXX XXXX XXXXXXXX. It has come to my attention that your company, ALLIANT CREDIT UNION, has been acting on this contract without having signed it, which lacks a meeting of the minds if the purported assignee simply just acquired the contract without direct negotiations or agreement with the Borrower, it raises questions about whether there was a true meeting of the minds between Borrower and the purported assignee regarding the terms of the contract. 

Lack of Legal Standing Your company did not sign the original contract which needed to be acknowledged and accepted by mutual assent to the assignment of the contract, often by signing the relevant documents. Consequently, you are not a legally recognized party to the contract, and thus, you do not have the legal authority to enforce its terms or take any actions related to it, including repossession. 

Unauthorized Repossession Alliant was previously notified of a modification to the terms of the contract. The two signatories on the contract have the authority to enforce and agree on modifications without needing the purported assignee 's consent as yet again the purported assignee failed to substantiate with appropriate legal documentation of itself being binded by the terms of the contract. It was also clear and concisely stated that any attempt to repossess the property would constitute a breach of contract. Given your lack of legal standing, the repossession actions undertaken by your company were unauthorized and unlawful. Such actions are in violation of the terms of the contract and could potentially lead to significant legal consequences for your company. 

Breach of Contract Since, ALLIANT CREDIT UNION proceeded with repossession as their enforcement action, it has caused an unauthorized and unlawful interference with the contract. This constitutes a breach of contract, as your company lacks the legal standing to enforce any terms. 

Fraudulent and Unfair Practices Your actions constituted fraud in factum as you have misrepresented your authority to enforce the contract as previously mentioned about your lack of standing. Additionally, your conduct violates the Fair Debt Collection Practices Act ( FDCPA ) in the following ways : Misrepresentation ( 15 U.S. Code 1692e ) : Assignee promised to provide VALUABLE CONSIDERATION as part of the agreement but failed to provide such evidence in the midst of their heinous efforts to collect an unconscionable debt, which constitutes misrepresentation. Misrepresentation occurs when one party makes a false statement or conceals material facts with the intent to deceive the other party, leading to detrimental reliance.

Unfair Practices ( 15 U.S. Code 1692f ) : Purported assignees lack of transparency and accountability regarding the disbursement of loan funds undermines the borrower 's ability to understand and fulfill its obligations under the contract. Therefore, Assignees enforcement of collection activities has unfairly disadvantaged the borrower as they are held responsible for repaying a loan that they did not actually receive. 

You are hereby instructed to cease and desist all enforcement actions, debt collection activities and to immediately return the property XXXX XXXX XXXX XXXX XXXX XXXX  back to the owner until the questions provided below in regards to this dispute is resolved. Your adverse actions have caused me damage and you have been reported to the State of Arizona Attorney General. 

Please provide a written response confirming your compliance with this notice and a forensic accounting of account XXXX XXXXXXXX along with the : - Date of when account was opened - Proof of the receipt for the initial transaction to create this account - Proof purported assignee disclosed that the Borrowers contract or promissory note ( money ) would be taken and recorded as an asset without valuable consideration given to obtain the note - Documentation proving the exchange of valuable consideration between Dealership and purported assignee for the assignment of the security interest. 

( You are compelled to provide clear evidence of these elements ) If ALLIANT CREDIT UNION can not produce what was asked for in 72 hours this correspondence will be added into the AG complaint submitted on XX/XX/XXXX and it would be safe to assume ALLIANT has engaged in a deceptive practice where the bank unfairly benefits from another party 's actions or property without providing fair compensation or consideration in return. This dispute raises questions about transparency, fairness, and the bank 's fiduciary duty to its customers. It may also constitute a breach of trust and potentially be considered as fraudulent behavior. 

VOID WHERE PROHIBITED BY LAW Sincerely, Entitlement Holder, Registered Owner XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX