• Report: #348788

Complaint Review: Navy Federal Credit Union

  • Submitted: Tue, July 08, 2008
  • Updated: Thu, November 11, 2010

  • Reported By:Orange California
Navy Federal Credit Union
820 Follin Ln. Vienna, Virginia U.S.A.
  • Phone: 703-255-8000
  • Web:
  • Category: Banks

Navy Federal Credit Union Violated The Fair Debt Collection Practices Act Vienna Virginia

*Consumer Comment: NFCU treats veterans like "ememy combatants"

*Consumer Comment: The FDCPA might not apply...

*Consumer Comment: The FDCPA might not apply...

*Consumer Comment: The FDCPA might not apply...

*Consumer Comment: The FDCPA might not apply...

*Consumer Comment: Um, no.

*Consumer Comment: Um, no.

*Consumer Comment: Um, no.

*Consumer Comment: Um, no.

*Consumer Suggestion: The FDCPA does NOT apply.

*Consumer Comment: One thing...

*Consumer Suggestion: Ross, the FDCPA applies ONLY to "third party" debt collectors! Does not apply to NFCU collectors.

*Consumer Comment: Not the FDCPA

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I have been a member with Navy Federal Credit Union for years paying all my bills on time every time until February 2008 when I unexpectedly lost my job in the financial services sector due to the changing economy. I then resumed work in April 2008 at a much lower income which put me in a situation where I no longer could pay my bills. Out of all my creditors, NFCU is the only one I have had issues with and the only one who has repeatedly and uncaringly violated multiple sections of the Fair Debt Collection Practices Act. I will say that although their collections and customer service reps were rude and uncaring, that the one Personal Financial Management rep I spoke with and wrote too was very professional even though she was not able to help me. I will include my emails to this personal finance manager at Navy Federal Credit Union below that express the issues I have had with the company.
___________________________
Email 1 (7/7/08 3:21 p.m.):
Hi **(Navy Federal PFM),

Sorry, I have very limited time during the day to call back. Do you have the 80 month 0% interest program like Bank of America? I owed over $20,000 to Bank of America and they just put me on a 0%, 80 month repayment plan where they take $250 out of my checking account on the 16th of each month from now on. Since my income is minimal, this works because they get their money back, I can still eat at least one meal a day, and it is a better plan than going through court, getting a judgment, then getting a maximum 10% wage garnishment on a job I have been at 3 months. If you close and combine both the line of credit and the credit card, you should be at $30,000. With the 0%, 80 month program, that is a monthly payment of $375 which I can still manage. Is this possible? If so, I can get you the routing and account number to my checking account which you may take $375 monthly from on the 16th of every month. Please let me know by email or by phone. I talked to the NFCU collections people about this every time they call and they still have not called back with an answer.
Best Regards,
Ross ******
_________________________
Email 2 (7/7/08 4:12 p.m.):
Hi **,
Since you are in a management position and I want to work with NFCU to resolve my balances, you might want to be aware that Navy Federal Credit Union collections agents have violated these sections of the Fair Debt Collection Practices Act just in communications with me and other people that I know:
Section 805-a1
Section 804-2
Section 804-3
I have included a PDF copy of the Fair Debt Collection Practices Act for you to match the corresponding codes to the booklet. I have specific examples if you need them with dates and times recorded on cell phones and phone bills, testimony from specific individuals, etc.

Best Regards,
Ross ******
__________________________
Email 3 (7/8/08 11:57 a.m.):
Hi **,

I received your message. Thank you. I cannot afford a payment of $403 a month. I received a small raise which only adds about $22 net to each of my paychecks. I cannot believe that Bank of America has better repayment programs than Navy Federal Credit Union. If the payment cannot be reduced to $375 per month combined, there is nothing I can do. I just don't make enough money anymore. I don't think I even qualify for these programs since I am virtually making the same amount of money as when we started trying to work things out.

On another topic, Amy from Navy Federal Credit Union keeps violating the Fair Debt Collection Practices Act. She just called my girlfriend again about my debts after she requested to not be called 2 weeks ago. They have also called my mother about my debts. Both are at different addresses and different phone numbers. I have not spoken with my mother or lived at that address for ten plus years and this has now caused her to call me and have even further damaged relationships with my family. I lose my job after paying on time every time for years and I am treated like garbage for something I can't control. NFCU is the ONLY creditor who has not granted me the 0%, 80 month repayment program. Below are the sections of the Fair Debt Collection Practices Act that have been violated. I am keeping a record of each offense with estimated damages. All I am asking is that NFCU abide by the hours and terms of the law when contacting me. You have been nothing but professional and courteous when speaking with me and I appreciate it. I can't say nearly as much about the collections department.

I have never given consent to call my mother or my girlfriend and this is now causing un-repairable damages to both relationships.

"COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."

My girlfriend has complained about numerous calls per day to her cell phone about my debts (she is not a NFCU member and has no credit cards) and when she asks them to not contact her, they argue with her! They also continue to call her the wrong name even when she corrects them. This has caused un-repairable damages to this relationship.

"(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."


Best Regards,


Ross *****

Anonymous
Orange, California
U.S.A.

This report was posted on Ripoff Report on 07/08/2008 12:39 PM and is a permanent record located here: http://www.ripoffreport.com/r/Navy-Federal-Credit-Union/Vienna-Virginia-22180-4907/Navy-Federal-Credit-Union-Violated-The-Fair-Debt-Collection-Practices-Act-Vienna-Virginia-348788. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

NFCU treats veterans like "ememy combatants"

AUTHOR: NYQUIL - (USA)

While NFCU may not be subject to the Fair Debt Collection Practices Act, it is still illegal to harass and terrorize people (for whatever reason). I am filing a lawsuit against NFCU because me and my family were subjected to this kind of behavior. If anyone is interested in sharing there story please email me at [email protected] I'm interested in truthful stories only (of course). At the end of the day we all need to remember that we are NOT alone. I will NOT share any of your story, your name or anything without your permission. Thanks for your time. Mark in VA
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#2 Consumer Comment

The FDCPA might not apply...

AUTHOR: Carl - (U.S.A.)

...but the California's Rosenthal Fair Debt Collection Practices Act does apply to original creditors. In fact, the Rosenthal Act incorporates most of the FDCPA and acts such as contacting third parties about the debt can be the basis for liability against NFCU. NFCU is notorious for mistreating clients with financial difficulties.
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#3 Consumer Comment

The FDCPA might not apply...

AUTHOR: Carl - (U.S.A.)

...but the California's Rosenthal Fair Debt Collection Practices Act does apply to original creditors. In fact, the Rosenthal Act incorporates most of the FDCPA and acts such as contacting third parties about the debt can be the basis for liability against NFCU. NFCU is notorious for mistreating clients with financial difficulties.
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#4 Consumer Comment

The FDCPA might not apply...

AUTHOR: Carl - (U.S.A.)

...but the California's Rosenthal Fair Debt Collection Practices Act does apply to original creditors. In fact, the Rosenthal Act incorporates most of the FDCPA and acts such as contacting third parties about the debt can be the basis for liability against NFCU. NFCU is notorious for mistreating clients with financial difficulties.
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#5 Consumer Comment

The FDCPA might not apply...

AUTHOR: Carl - (U.S.A.)

...but the California's Rosenthal Fair Debt Collection Practices Act does apply to original creditors. In fact, the Rosenthal Act incorporates most of the FDCPA and acts such as contacting third parties about the debt can be the basis for liability against NFCU. NFCU is notorious for mistreating clients with financial difficulties.
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#6 Consumer Comment

Um, no.

AUTHOR: John - (U.S.A.)

NFCU is the creditor and not bound by the FDCPA. They have no bearing on what your personal, social life is as much as you want to blame anyone but yourself.
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#7 Consumer Comment

Um, no.

AUTHOR: John - (U.S.A.)

NFCU is the creditor and not bound by the FDCPA. They have no bearing on what your personal, social life is as much as you want to blame anyone but yourself.
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#8 Consumer Comment

Um, no.

AUTHOR: John - (U.S.A.)

NFCU is the creditor and not bound by the FDCPA. They have no bearing on what your personal, social life is as much as you want to blame anyone but yourself.
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#9 Consumer Comment

Um, no.

AUTHOR: John - (U.S.A.)

NFCU is the creditor and not bound by the FDCPA. They have no bearing on what your personal, social life is as much as you want to blame anyone but yourself.
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#10 Consumer Suggestion

The FDCPA does NOT apply.

AUTHOR: Robert - (U.S.A.)

If the credit union is attempting to collect money from you that you owe to the credit union, the restrictions of the paragraphs you mentioned do NOT apply.

You need to read section 803 of the act which defines the terms used in the act. When collecting monies owed to the credit union, the credit union is a CREDITOR, not a debt collector as defined by the act. Hence, the restrictions of sections 804 and 805 do not apply to them.

This is not debatable. The FTC conducted a "consumer credit workshop" in 2007. One of the main topics of the workshop was the FACT that the restrictions imposed on debt collectors by the act do NOT apply to creditors. The report of the workshop is available at the FTC website; www.ftc.gov

The credit union MAY have violated some State statute, but your situation as you described it here indicates that they have not violated the FDCPA and your sending them a copy of the FDCPA pamphlet did not help you in any way.

Good luck.
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#11 Consumer Comment

One thing...

AUTHOR: Striderq - (U.S.A.)

since NFCU is the original creditor, the FDCPA does not pertain to them. FDCPA affects third party debt collectors and their practices. Since the debt is still owed to NFCU they can contact you at any contact number they have. I hope things work out for you.
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#12 Consumer Suggestion

Ross, the FDCPA applies ONLY to "third party" debt collectors! Does not apply to NFCU collectors.

AUTHOR: Steve - (U.S.A.)

Ross,

You never mentioned EXACTLY what "violations" NFCU engaged in.

And, you need to realize that the FDCPA only applies to THIRD PARTY debt collectors.

This means it DOES NOT apply to NFCU collections reps if they are "in house" meaning that they are employees of NFCU.
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#13 Consumer Comment

Not the FDCPA

AUTHOR: Robert - (U.S.A.)

The FDCPA applies ONLY to 3rd Party Collection Agencies and not Original Creditors. However, since you live in CA you are protected by the "Rosenthal Fair Debt Collection Practices Act" which is basically the CA state version of the FDCPA that does cover Original Creditors.

You didn't say what type of loans these were, but it sounds as if the BofA was not a Credit Card but a different type of loan(Personal?, HELOC?).

The other thing that does not make sense is that they are offering you a payment of $403 a month, but you only want to pay $375. That is only a $28 difference and can't really see a RipOff in this. The other thing that leaves a question is that in your first part of the post you stated your new job left you with significantly less money. Yet in one of the e-mails you stated you only got a $22 raise. It would seem that with that $22 raise(?) coming up with the extra $6 should be easy to do.

This report really makes it sound like you are trying to get out of your obligation of the debt you created.
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