Date Received: 2024-01-06
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I hope this email finds you well. My name is XXXX XXXX, wife of XXXX XXXX, and I am writing to bring to your attention a matter of great concern regarding a legal case filed in your jurisdiction. The case in question is XXXX, involving Atty XXXX XXXX and XXXX XXXX XXXX XXXX. I am reaching out to request your assistance in addressing several issues related to this case. It has come to our attention that a lawsuit has been filed across state lines, from New York to Texas, by XXXX XXXX and XXXX XXXX. However, we, the defendants, reside in Virginia, and to our knowledge, the case has not been assigned a judge. Furthermore, we have not been served with the required hard copy notice, as the court mandates for non-participating parties. The situation has become more complicated as we have recently discovered that XXXX XXXX XXXX has placed a lien/freeze on our bank accounts. This action follows an attempt to settle a debt initiated with XXXX XXXX of XXXX XXXXXXXX XXXX XXXX, who later declined and directed us to this debt collection agency being referred to as law firm. We have attempted initiated payments, and despite our efforts, there has been no resolution. Navy Federal release our personal banking information to the debt collector and they are now asking for all of accounts to be frozen to settle this debt. This is unacceptable, when this company is practicing deceptive actions and did not make us aware of the so called law suit. Then they tuned around and filed paperwork again on XX/XX/XXXX asking the the exemption not be granted We would like to draw your attention to specific clauses in the contract for this case ( XXXX ) that raise questions about the validity and legality of the actions taken by XXXX XXXX XXXX. Notably, on page 7, XXXX XXXX, The XXXX XXXX XXXX XXXX XXXX XXXX clearly outlines the assumption of risk by The XXXX XXXX XXXX based on information provided by the seller. It also acknowledges valid excuses for the seller 's failure to perform, such as natural disasters or occurrences beyond the seller 's control, which include medical emergencies. In our case, my husband 's hospitalization with blood clots and emergency XXXX falls under this valid excuse category. Furthermore, we are perplexed by the enforcement of the agreement in Texas without a judge being appointed, a court/hearing date established, and an agreed-upon payment amount without a judge 's signature. Additionally, we question how XXXX XXXX can practice in Texas when he is a resident of New York and is only licensed to practice in New York. The contract 's governing law, venue, and jurisdiction ( Section 44 ) clearly state that any lawsuit arising from this agreement should be filed exclusively in a court sitting in New York State. Yet, we find ourselves being sued in Texas. We also want to bring to your attention Section 50, which outlines arbitration as the method for resolving disputes. To our knowledge, we were never informed of this option, and no attempt at arbitration has been made, as stipulated in the contract. Given these concerns, we kindly request that the Supreme Court of New York, XXXX County, investigate the legal validity of the actions taken by XXXX XXXX XXXX and Navy Federal, especially in light of the contract 's clauses and the apparent violations of jurisdictional and arbitration requirements. Additionally, we seek guidance on how to expedite the resolution of this matter, including the release of the freeze on our accounts. We are eager to cooperate and resolve this issue in a fair and just manner. We appreciate your prompt attention to this matter and look forward to your guidance on the appropriate course of action. Please review the links to see all the documents about our case. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response: Company believes it acted appropriately as authorized by contract or law
State: VA
Zip: 22191
Submitted Via: Web
Date Sent: 2024-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-06
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am Filing an Complaint As A Federal Protected Consumer To Exercise My Consumer Rights To Resolve Inaccuracy, Unfair Activity In Concern With My Credit report. I Am Also now opting out of ANY and ALL authorization I the consumer may have given you written, no-written, verbal and non-verbal per 15 USC 6802. Im Rescinding that authorization per 15 USC 6802. According To 12 CFR 1016.7 states that a Consumer may exercise the right to OPT OUT at any time. This is effective immediately and indefinitely. According To 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. According to Fair Credit Reporting Act, 15 U.S. Code 1681 - Congressional findings and statement of purpose. Accuracy and fairness of credit reporting The Congress makes the following findings : The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32810
Submitted Via: Web
Date Sent: 2024-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-06
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I requested for XXXX, XXXX and XXXX to remove multiple non-mailable addresses from report and XXXX told me that they can not remove addresses and you can never get in contact with XXXX and XXXX. I have multiple charged off accounts on my report that the bureaus keeps stating they are accurate but according to 15 usc 1681a ( 2 ) ( 1 ) late payments are illegal according to this law and under exclusions. Charge off is considered to be written off as a loss and considered when filing taxes as to be taxable income and should not be used and against the law to use in credit reporting and I have tried to fix this with the bureaus and they still have not corrected my report. And past reporting to credit. The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S.C. 1681 ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. With that being said you cant report a charge off and current late payments on a credit report and this is clearly a violation of fair credit reporting. I have been disputing this same is time and time again and this is causing a hassles for something that should be deleted because it violates the law of credit reporting by all agencies. And reporting a past due amount on an account that is charged off as well. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX and XXXX are the consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isnt shared which is backed by 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers or nonpublic personal information. 15 USC 1681s-2 ( A ) ( 1 ) A states a person shall not furnish ANY information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC1681e states that Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. 12 CFR 1016.7 states that a Consumer may exercise the right to OPT OUT at any time. I the procedures. 12 CFR 1016.7 states that a Consumer may exercise the right to OPT OUT at any time. Furnisher of information to credit agencies is a financial institution by definition under that title. 15 USC 1681 section 604a section 2 states that In general Subjection to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. Furnisher of information to credit agencies the financial institution and the Consumer reporting agencies XXXX and XXXX do not have any consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX and XXXX ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Furnisher to credit agencies Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states except as Authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account is an adverse item they are reporting again without my permission which is against the law. Per the FCRA as a federally protected Consumer, I am now opting out of ANY and ALL authorization I the consumer may have given you written, no-written, verbal and non-verbal per 15 USC 6802. Im Rescinding that authorization per 15 USC 6802. This is effective immediately and indefinitely.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32810
Submitted Via: Web
Date Sent: 2024-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: XXXX XXXX the amount {$4100.00} dollars that was taken out my savings account with out my authorization at Navy Federal Credit Union
Company Response: Company believes it acted appropriately as authorized by contract or law
State: IL
Zip: 60085
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: On XX/XX/ I transferred {$6000.00} to my Navy Federal Credit Union Savings account from XXXX XXXX XXXX XXXX On XX/XX/2023, I transferred the {$6000.00} back to my XXXX XXXXXXXX XXXX XXXX account from Navy Federal. On XX/XX/2023, Navy Federal Credit Union made an unauthorized withdrawl of {$6000.00} from my XXXX XXXX XXXX XXXX checking account.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: TX
Zip: 75219
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: I called navy federal collections agency and asked for a 1099-c form they refused to give it to me. They are still reporting the credit card on my credit report and its been closed since XXXX. I would like for you to investigate this or if you can eliminate this from my credit.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CA
Zip: 91913
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The credit report information for the Duplicate reporting of NAVY FEDERAL CR UNION XXXX shows significant violations under the Fair Credit Reporting Act ( FCRA ), United States Code ( USC ) , and Code of Federal Regulations ( CFR ), each undermining key consumer protection laws : 1. **Duplication of Account Reporting ( Both Reported Accounts ) : ** The account 's duplication violates 15 U.S.C. 1681e, which mandates the accuracy of information. Reporting the same debt more than once can mislead creditors about the actual amount of debt, skewing a consumers credit risk assessment. 2. **Inconsistent Reporting of Account Status and Balances ( Both Reported Accounts ) : ** The discrepancies in reported balances and status update dates contravene 15 U.S.C . 1681e ( b ), requiring credit bureaus to follow reasonable procedures to ensure maximum possible accuracy. Such inconsistencies can unjustly lower credit scores, affecting loan eligibility and interest rates. XXXX. **Inaccurate Payment History Reporting ( Both Reported Accounts ) : ** The conflicting payment histories breach 16 CFR 660.3, requiring the accuracy of reported payment information. Inaccurate payment history can significantly impact credit scores and the perceived reliability of a borrower. 4. **Charged-Off Status Misrepresentation ( Both Reported Accounts ) : ** Misrepresenting the charged-off status with varying past due amounts and highest balances contradicts 12 CFR 1022.40. This regulation demands accurate reporting of charge-off information. Misrepresentation can lead to unjustified derogatory marks on a credit report, severely impacting credit health. 5. **Incomplete Account Information ( Both Reported Accounts ) : ** The lack of details such as terms, original creditor, and sale status of the company violates 15 U.S.C . 1681s-2 ( a ), which mandates comprehensive and complete reporting. Omitting such critical information can deprive consumers of the opportunity to fully understand and contest inaccuracies. Each of these violations directly undermines the principles of fair and accurate credit reporting, essential for maintaining consumer trust and the integrity of the credit system. These inaccuracies can lead to unjust financial consequences for consumers, including reduced access to credit, higher interest rates, and negative impacts on creditworthiness. To provide a clear count of the violations based on the information given : 1. **Duplication of Account Reporting** : This is counted as 1 violation for each of the two sets of data, totaling 2 violations. 2. **Inconsistent Reporting of Account Status and Balances** : As there are inconsistencies in each of the two sets of data, this is 2 violations. XXXX. **Inaccurate Payment History Reporting** : Each month of inaccurate payment history constitutes a separate violation. From the data provided, the payment history for XXXX and XXXX in both data sets is inconsistent. Assuming each month in these years is inaccurately reported, this results in : - For XXXX : 12 months XXXX ( for each data set ) = XXXX violations. - For XXXX : Assuming all months up to XXXX are reported and inaccurate, 1 month XXXX = XXXX violations. - XXXX for XXXX XXXX XXXX XXXX = XXXX + XXXX = XXXX violations. XXXX. **Charged-Off Status Misrepresentation** : There are inconsistencies in the charged-off status across both data sets. This is counted as XXXX violations. 5. **Incomplete Account Information** : Each missing or inconsistent piece of critical account information ( terms, original creditor, company sold ) in each data set can be considered a separate violation. If we assume each of these three pieces of information is missing or inconsistent in both data sets, this results in : - 3 pieces of information 2 ( for each data set ) = 6 violations. Total Violations : 1. Duplication of Account Reporting = 2 violations 2. Inconsistent Reporting of Account Status and Balances = 2 violations 3. Inaccurate Payment History Reporting = 26 violations 4. Charged-Off Status Misrepresentation = 2 violations 5. Incomplete Account Information = 6 violations **Total = 38 violations**
Company Response: Company believes it acted appropriately as authorized by contract or law
State: CO
Zip: 80104
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Problem caused by your funds being low
Subissue: Bounced checks or returned payments
Consumer Complaint: On XX/XX/2023 I made a payment to my XXXX XXXX card using eft from my checking account at NFCU the transaction was shown on my banking app as paid and the next day I recieved an email from XXXX XXXX that the check was returned due to a closed account. I provided XXXX XXXX with my new account number and processed a second attempt to pay my bill. On XX/XX/XXXX a fee of XXXX was charged and none of the transactions were listed on my banking app. I feel the practice of paying and then not paying these payments the. Deleting them and charging me a fee is ridiculous considering the money was in the account at the time of payment.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MI
Zip: 486XX
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I lost my debit card and transactions were made fraudulently while it was not in my possession so I disputed the charges to which NFCU responded that the charges were valid and did not refund me my money in the amount of {$350.00}. HOW CAN I BE HELD LIABLE FOR CHARGES THAT WERE COMMITTED FRADULENTLY?!? Please refund my money in the amount of {$350.00}!! Thank you in advance!!
Company Response: Company believes it acted appropriately as authorized by contract or law
State: FL
Zip: 32907
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-05
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: On XX/XX/XXXX I notified Navy Federal that an unauthorized XXXX DEBIT Transaction in the amount of {$1000.00} appeared on my Account. On XX/XX/XXXX, I was directed to contact ( XXXX @ XXXX on XXXX ). XXXX forwarded me to talk with ( XXXX @ Navy Federal Credit Union ) to resolve the fraudulent transaction. I have explained to Navy Federal that the the last Loan payment made to XXXX was on XX/XX/XXXX. The Loan account has since been closed/paid in full with XXXX XXXX XX/XX/XXXX. I also have told XXXX XXXX that I did not initiate the XXXX DEBIT transaction.
Company Response: Company believes it acted appropriately as authorized by contract or law
State: MD
Zip: 20715
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A