Consumer complaint received 2024-12-08 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: NAVY FEDERAL CREDIT UNION
State: FL

Complaint narrative:
Timeline of Events : XX/XX/XXXX : The obligation tied to Account # XXXX was assigned to XXXX XXXX XXXX, and the trustees ( XXXX XXXX and XXXX XXXX XXXX assumed administration of the debt per the terms of the trust. 

XX/XX/XXXX : I sent an Affidavit of Truth and Notice of Discharge of Debts and Settlements Statement via Navy Federals secured portal, an email to XXXX XXXX, and the corporate communications email. This affidavit asserted my rights as the secured party and included a lawful notice for the discharge of the obligation. 

XX/XX/XXXX : A Notice of Account Settlement and Endorsed Note was sent via Registered Mail ( tracking number XXXX XXXX XXXX XXXX XXXX ) to ensure proper notice. Additionally, a Notice of Rescission was submitted via Navy Federals secured portal in accordance with the Truth in Lending Act ( TILA ) to rescind the loan and demand proper validation of the obligation. 

XX/XX/XXXX, and XXXX, XXXX : I submitted a Conditional Acceptance Affidavit, Opportunity to Cure, and Default and Dishonor via certified mail ( tracking numbers XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX XXXX ) requesting validation of the debt. Navy Federal failed to respond or validate the debt as required under UCC 9-210 and the FDCPA. 

XX/XX/XXXX : Navy Federal Credit Union wrongfully repossessed my XXXX XXXX XXXX ( XXXX : XXXX ) without providing proper notice or an opportunity to cure, violating UCC 9-611 and Florida state repossession laws. 

Additional Violations : Identity Theft Navy Federal Credit Union provided my personal and private information to an unauthorized third party ( the towing company ), violating my privacy and committing identity theft. 
The towing company did not disclose its identity or provide any written notice explaining who they were or their authorization to repossess my vehicle. 
I have no contractual agreement with this third party, making the transfer of my personal information to them unauthorized and unlawful. 

Violations of Secured Party Rights : Dishonor of Tender of Payment : I lawfully tendered payment through an endorsed promissory note as per UCC 3-603. Navy Federal dishonored this tender by failing to respond or acknowledge the settlement, violating my secured party rights. 
Failure to Validate Debt : Navy Federal failed to validate the debt under UCC 9-210 and the FDCPA, despite lawful notices and multiple requests.

Wrongful Repossession : Navy Federal repossessed my vehicle without complying with the requirements for proper notice and an opportunity to cure under UCC 9-611 and Florida repossession laws.

Violation of TILA via Notice of Rescission : Navy Federal failed to respond to my Notice of Rescission submitted via its secured portal in accordance with the Truth in Lending Act ( TILA ), thereby ignoring my legal right to rescind the loan within the allowable timeframe.

Identity Theft and Unauthorized Disclosure : Navy Federal unlawfully shared my personal information with a third party without my consent, violating federal and state laws protecting consumer privacy.

Legal Intent : I intend to pursue legal action against Navy Federal Credit Union for : Violation of UCC Articles 3 and 9.

Breach of secured party rights.

Wrongful repossession of collateral.

Violation of TILA and failure to honor the Notice of Rescission.

Identity theft and unauthorized disclosure of personal information.

Damages resulting from financial loss, emotional distress, and legal fees.

Supporting Documentation : I am attaching the following documents to substantiate my claims : Affidavit of Truth and Notice of Discharge of Debts and Settlements Statement ( dated XX/XX/XXXX ). 
UCC-1 Financing Statement, proving my status as a secured party.

Certified mail receipts and proof of delivery for all correspondence.

Copies of promissory notes and related notices sent to Navy Federal.

Communications sent via Navy Federals secured portal and email.

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