Date Received: 2023-09-26
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: 1. I have reached a debt settlement with XXXX XXXX XXXXXXXX XXXX., a law firm engaged in debt collection, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, CA XXXX, who represent DISCOVER BANK. 2. I paid a first payment of {$25000.00} on Thursday, XXXX XX/XX/XXXX over the telephone. XXXX XXXX, the debt collector, assured me that I would be released of the debt if I made payments of {$1000.00} each for XXXX, XXXX, XXXX and XXXX and a final payment of {$16000.00} in XXXX. I agreed to the payment despite deep financial distress and in a state of extremely high duress. 3. Since around XXXX, I have been in extreme financial distress. COVID-19 hurt my entrepreneurial endeavors greatly and I suffered multiple business failures. For the last few years, I have no fixed abode of stay, and have lived with friends and family. As of now, I have no income and no assets. 4. Despite my dire situation, I have negotiated in good faith and settled with XXXX XXXX XXXXXXXX XXXX, a law firm engaged in debt collection acting under the authority of DISCOVER BANK, who were claiming damages of {$64000.00}. 5. I called and spoke to XXXX XXXX and XXXX XXXX, authorized representatives of XXXX XXXX XXXX, XXXX acting under the authority of DISCOVER BANK, and explained my situation. XXXX XXXX continued the negotiation and we agreed upon an amount and payment schedule to settle the alleged debt. He told me clearly and repeatedly that the alleged debt would be settled in full if I made all the payments as agreed upon below : Payment XXXX XX/XX/XXXX : $ XXXX Payment XXXX XX/XX/XXXX : $ XXXX Payment XXXX XX/XX/XXXX : $ XXXX Payment XXXX XX/XX/XXXX : $ XXXX Payment XXXX XX/XX/XXXX : $ XXXX Payment XXXX XX/XX/XXXX : $ XXXX Total Payment : $ XXXX XXXX. In accordance with the XXXX XXXX Settlement Agreement with XXXX XXXX, I dealt with him and XXXX XXXX XXXX, XXXX, acting under the authority of DISCOVER BANK, in good faith and clean conscience. XXXX XXXX told me the XXXX XXXX Settlement Agreement would be void and his lawyers would file for a default judgment unless I made the first payment by XXXX XXXX. I made the payment after repeatedly seeking reassurance on the telephone, which is on a recorded line, that I would be fully discharged of my alleged debt. 7. XXXX XXXX assured me that payment as per the plan we agreed upon would lead to a satisfactory resolution of the alleged debt. After the XX/XX/XXXX payment, I would not have to make any further payment or face any further liability for the alleged debt and would be completely free of all liability. This conversation, and indeed all earlier and later conversations, are recorded. 8. Attorneys at XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK sent a very different agreement to the XXXX XXXX Settlement Agreement I reached with XXXX XXXX. The Stipulation for Entry of Judgment Pending Performance Pursuant to CCP section 664.6. ( the Stipulation ) breaches the terms of the XXXX XXXX XXXX Agreement with XXXX XXXX in two material ways : 8.1. In Paragraph 1, the Stipulation says that the Defendant must submit proof of payment for the first appearance filing fee to counsel for Plaintiff within five ( 5 ) days. This Stipulation is strictly contingent on Defendants payment of his/her first appearance fee and on the filing of this Stipulation with the Court. 8.2. In Paragraph 8, the Stipulation says the Plaintiff shall then file a request for dismissal but deliberately and sneakily fails to state that this dismissal is with prejudice. This implies that DISCOVER BANK could come after me even after I fulfill the XXXX XXXX Settlement Agreement to settle the debt. In fact, XXXX XXXX, in no uncertain terms, shockingly confirmed in an email that, even upon full payment in accordance with the terms of the XXXX XXXX XXXX XXXX, the matter would not be dismissed with prejudice. 9. I sought advice about the Stipulation from an experienced attorney on a pro bono basis. He suggested changes to the Stipulation pertaining to the two points above. These changes would have aligned the Stipulation with the XXXX XXXX Settlement Agreement XXXX XXXX made with me after repeated assurances of the full discharge of debt that I relied and acted upon in good faith, to my detriment. In an email dated XXXX XXXX, XXXX XXXX, the Associate Attorney working for Attorney XXXX XXXX XXXX, summarily rejected both suggestions and threatened to file default if I did not send the signed Stipulation by XX/XX/XXXX. Under protest, I have sent the signed Stipulation with a note at the bottom stating the following : I am signing this Stipulation with the understanding that upon full payment of the settlement amount in accordance with the terms of this Stipulation, I shall be completely and unconditionally released from any and all obligations under the Student Loan Agreement that is the subject of the suit herein. 10. This threat completely contradicts the XXXX XXXX XXXX XXXX XXXX XXXX and I reached! Never did XXXX XXXX mention that the XXXX XXXX XXXX XXXX was contingent on signing this Stipulation. He put a tremendous amount of pressure on me to make the payment by XX/XX/XXXX, which I did in good faith on the strength of his repeated assurances despite my extremely precarious financial situation. 11. XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK are changing the terms of the deal I struck with XXXX XXXX ex post facto. 12. Specifically, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK are engaging in intimidation. They wanted me to sign a Stipulation at legal gunpoint by threatening to tear up the XXXX XXXX XXXX XXXX XXXX XXXX concluded with me. 13. XXXX XXXX told me that he has done these negotiations for years with thousands of debtors. XXXX XXXX, XXXX XXXX and other debt collectors at XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK are clearly skilled and seasoned operatives. They know how to exert pressure and exercise leverage. Yet they do not operate with clean hands. When extracting cash from debtors in duress, they do not mention that the agreement they offer on the telephone is contingent on signing another agreement at legal gunpoint! In the scheme, XXXX XXXX, XXXX XXXX and other debt collectors at XXXX XXXX XXXX, XXXX. act as good cops, baiting debtors to make payments according to aggressive deadlines. 14. Advocates for XXXX XXXX XXXXXXXX XXXX specifically XXXX XXXX and his immediate boss XXXX XXXX XXXX in my case, are the bad cops. They are obdurate, intransigent, and threatening. They take the approach that debtors must sign the agreement they send ex post facto, even after a large initial payment, and even if that contradicts an earlier agreement. Advocates like XXXX XXXX and XXXX XXXX XXXX ensure that XXXX XXXX XXXX, XXXX, acting under the authority of DISCOVER BANK, never fully release the debtor of their obligations under the underlying student loan contract. This is unconscionable. 15. The debt collection operations by XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK are clearly a well-oiled machine. They involve chicanery, misrepresentation, and fraud. They operate behind smoke screens with no transparency. My case must be the mere tip of a gigantic iceberg. There must be thousands of such cases over the years where XXXX XXXX XXXX, XXXX, acting under the authority of DISCOVER BANK, have put debtors under duress, abused their trust, and caused them immeasurable damage. 16. The actions of XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK XXXX XXXX investigation both at the XXXX and XXXX levels. This would not be new when it comes to student debt collection. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) sued XXXX for for systematically and illegally failing borrowers at every stage of repayment. 17. I emailed XXXX XXXX of XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK on XXXX XXXX with my reservations but did not hear back. 18. On XXXX XXXX, I learnt that XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK had filed for an entry of default and a court judgment despite my first payment of {$25000.00} on XXXX XXXX, good intentions to make payments as per our agreement and my regular communications. On XXXX XXXX, I sent XXXX XXXX and XXXX XXXX XXXX, XXXX, acting under the authority of DISCOVER BANK, the signed Stipulation and requested that we keep to the agreement XXXX XXXX made with me. I pleaded that they do not proceed with the entry for default and court judgment. XXXX. On XXXX XXXX, XXXX XXXX of XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK finally spoke to me over the telephone and said that his firm would be proceeding with an entry of default and a court judgment but would not enforce the judgment if I made the payments that XXXX XXXX and I agreed upon. XXXX XXXX said that I should trust his word, but neither he nor anyone at XXXX XXXX XXXX, XXXX, acting under the authority of DISCOVER BANK would be sending an email or any other written document to this effect. This makes it clear that XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK is not acting in good faith or coming to me with clean hands. They say one thing and then do another. Dishonesty, chicanery, misrepresentation, fraud, and intimidation are their modus operandi. To borrow the words of CFPB, all the actors at XXXX XXXX XXXX, XXXX. acting under the authority of DISCOVER BANK are systematically and illegally failing borrowers acting in good faith like me.
Company Response:
State: CA
Zip: 94706
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: XX/XX/XXXX my email and XXXX account was hacked from the breach my login to XXXX was stolen. {$720.00} and {$190.00} was sent without my consent on XX/XX/XXXX. Then XX/XX/XXXX an additional {$510.00} was sent without consent. Due to heavy usage during XXXX and steady large usage on the card left the transactions overlooked. Then a larger fraudulent transaction was flagged and an investigation was conducted by a Certified Fraud Examiner. They identified these charges as fraudulent. Police reports were filed and these charges were reported as fraud. Discover despite a {$0.00} fraud liability reversed the charges then reissued them.
Company Response:
State: OR
Zip: 97225
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue: Trying to communicate with the company to fix an issue with the application process
Consumer Complaint: I applied for a small home equity loan from Discover Home Loans online and it said they were having technical difficulties so I needed to call. I spoke to XXXX XXXX XXXX XXXX XXXX and she proceeded to try and run my credit. After several attempts she said she was having technical difficulties and would have to run in manually, which I refused. I asked if I was getting a hard inquiry on my credit report each time she tried which she stated No. I immediately when onto XXXX XXXX and saw that in fact I did receive three back to back hard inquiries on my credit, lowering my credit score by XXXX XXXX on XXXX. In addition to that I have been receiving emails, texts, and numerous phone calls XXXX XXXX XXXX harassing me and trying to sell me a mortgage. This need to stop and I need Discover Home Loans to fix my credit by removing the hard inquiries on my credit report.
Company Response:
State: CA
Zip: 92596
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Managing an account
Subissue: Problem accessing account
Consumer Complaint: XX/XX/XXXX - I changed my phone number within my Discover Bank Account online. I received the confirmation email and when I attempted to access my account again it stated that it was locked and to contact customer service. I spoke with someone at Discover who informed me that I needed to accept a phone call verification and relay the code to Discover. I successfully obtained the verification code which the Discover employee confirmed was correct. The employee then proceeded to inform me that I needed to submit a photo of my government issued ID or passport along with a photo of my face. I told the employee I was not comfortable doing so to which they explained there is no other way. They decided to discontinue helping me and would not assist further in rectifying this situation. I asked to speak with a supervisor which was not granted and I was disconnected, presumably due to my XXXX when I was attempting to rectify this instance. I called back and was transferred to the security department to which I asked to speak to another supervisor. I was again denied and told someone would call me back on XX/XX/XXXX to which I have yet to receive a call. I am not comfortable allowing companies and their third parties access to images that can be sold and used for fraud. Discover has continual data breaches and does not protect it's consumers or their privacy.
Company Response:
State: CA
Zip: 92373
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Credit monitoring or identity theft protection services
Subissue: Problem canceling credit monitoring or identify theft protection service
Consumer Complaint: My identity was stolen when I was arrested for prison in XXXX to XXXX. The prison coordinators says the will mail my wallet to my address with my ID, social security, bank debit cards, business credit card, and debit card and my personal credit card all was in my wallet. I nerve received it
Company Response:
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: I am a victim of fraud and mail theft. Discover alleges I have an outstanding charged off account that was opened in XX/XX/XXXX. They referred this account to XXXX XXXX XXXXXXXX XXXX. which is a law firm that specializes in debt collection. This law firm filed suit and a deputy from my local sheriff 's department delivered a Writ of Execution to my home in XX/XX/XXXX. XX/XX/XXXX is the first I have heard of this charged off account opened by a fraudster in XX/XX/XXXX. I have an active account with Discover in good standing that I opened in XXXX. I have no knowledge of any account with Discover opened XX/XX/XXXX. I promptly contacted Discover by phone and after being passed around to several representatives I was directed to their Customer Protection Security Department XXXX. The representative that assisted me in that department conducted an investigation and deemed the account from XX/XX/XXXX as fraud and updated my file ( screenshot to be attached ) to reflect that I have been a Discover customer since XXXX and not XXXX. I'm not sure why Discover and XXXX want to conduct an additional investigation when I was already told by phone that this was fraud and I am not liable for this account. I would like this reinvestigated and I would like the CFPB to be provided with the recorded calls to XXXX on XX/XX/XXXX XXXX, XX/XX/XXXX XXXX, XX/XX/XXXX XXXX where I was advised the account was deemed fraud and my file was updated.
Company Response:
State: TX
Zip: 78211
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Discover is reporting a balance on my account when the information is inaccurate. I received a 1099c for the balance and would like for my account to reflect accurately according to the FCRA and FCDPA. Please update my account to XXXX based upon what was reported to the IRS. Please update my records accordingly. The information is on the copy of the 1099c.
Company Response:
State: MO
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-25
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am writing to convey my ongoing concern regarding erroneous late payment entries on my credit report. Despite multiple requests for resolution, this issue remains uncorrected. I want to stress that these late payment entries are inaccurately recorded, and I have provided substantial evidence confirming my consistent and timely payments to DISCOVER BANK XXXX XXXX Despite my previous attempts to rectify this matter and the supporting documentation I have submitted, the incorrect late payment entries continue to appear on my credit report. I kindly request that you take the necessary steps to rectify and remove these inaccurate late payment entries from my credit report. Please ensure that these accounts are corrected.
Company Response:
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-24
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: I am a volunteer at a XXXX XXXX XXXX XXXX XXXX, and the address is a XXXX XXXX XXXX XXXX XXXX XXXX XXXX, someone delivered paperwork visible to public, no envelope and the employees saw all my personal information including social security, address and financial issues.
Company Response:
State: CA
Zip: 92154
Submitted Via: Web
Date Sent: 2023-09-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-24
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: I called Discover Credit Card to Cancel and Close My Late Husband Discover Credit Card # XXXX XXXX XXXX XXXX and instead of Discover sending a letter to Estate of XXXX XXXX Discover Credit Card Delete my Late Husband Name on Discover Credit Card Statement and Just put my name on it. I was told by Discover Credit Card representative that is now my responsibility to pay the Credit Card bill. I was Never a Co signer on the Credit card and Only Authorize User and I have intention of Paying the Balance. Discover Credit card Company Did Illegal approach my just Deleting my Late Husband Name.The Legal way to Approach is By Sending a Letter and Address to Estate of XXXX XXXX not by just continuing the interest rate and put on Name and Also Discover report it on my Credit Report. on a Legal way Discover shouldn't Continuosly Charge the Discover Account since i reported the Death of my Late Husband.Letter to Estate of XXXX XXXX should us me how would i like to settle the Balance.
Company Response:
State: CA
Zip: 92708
Submitted Via: Web
Date Sent: 2023-09-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A