Consumer complaint received 2024-02-05
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: NAVY FEDERAL CREDIT UNION (MS)

I sent a Negotiable Instrument dated XX/XX/XXXX  to Navy Federal Certified Mail which they immediately returned with no letter or explanation which is a violation of XXXX. XXXX ( i ). DISCHARGE BY CANCELLATION OR RENUNCIATION. 
( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 
( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. 
( c ) As used in this section, " signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. 
I sent it back out of courtesy because they did not endorse or even try to run it through the Treasury because there was no signature on the back. I explained that the instructions are below the Negotiable instrument. 
They sent me a package with copies of everything I had just sent them and copies of statements as validation of debt which I did not ask for. I know this is a common stall tactic b

y Navy Federal. 
They have not applied this to my account which violates timing of Payment and XXXX XXXX. TENDER OF PAYMENT. 
( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 
( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 
As you can see in XXXX XXXX. TENDER OF PAYMENT ( b ) if a Negotiable instument is refused, there IS DISCHARGE TO THE AMOUNT OF TENDER. 

I did receive one more letter stating the routing number was wrong but how would they know that if they did not endorse it or try to run it through the Treasury? I know the routing number very well. This is another stall tactic.