Consumer complaint received 2022-03-07
Company: DISCOVER BANK
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I reached out to Discover and submitted remittance in the form of coupon payment on XX/XX/22. Discover accepted and received it on XX/XX/22 and did not respond or apply payment. 

Date : XX/XX/22 Re : Acceptances by Discover on account number ending in XXXX I, XXXX XXXX have sent off certified mailing and payment in forms remittance/coupon in efforts to resolve and settle account ending in XXXX. This notice is Pursuant state law evidence of dishonor UCC 3-505 and UCC 1-202 I state the following as facts. 

On the date of XX/XX/22, Discover at XXXX XXXX XXXX XXXX, NC, XXXX received a remittance/coupon payment via Certified Mail. The corresponding certified number is XXXX as verified by Certificate Of Service. 

After acceptance of mailing Discover refused to send confirmation that account ending in XXXX has been adjusted and settled, nor a notice of dishonor from a qualified third party excusing your refusal, in response to the correspondence regarding account ending in XXXX. 

Discover did not cure your dishonor. Discover gave no creditable or justifiable reason for refusal to confirm the adjustment and settlement of account ending in XXXX or send a notice of dishonor. 

Therefore, based on the foregoing facts I state that Discover dishonored me, XXXX XXXX, through non-response, and did thereby agree that Discover accepted the remittance/coupon payment for account number ending in XXXX exchanged exemption for the discharge of the associated charges, including a settled account showing a zero balance, sent a letter of credit to the Secretary Of Treasury as notice that exemption is to be used to settle account number ending in XXXX. 

Further Discover agreed that refusal to send the written confirmation of settlement of account ending in XXXX or a notice of dishonor from a qualified third party, in no way negates the fact that said account is to be settled, Discover and any of its representative have no capacity to pursue collection on said account, under UCC 3-603, UCC 3-111 , UCC 3-311, Pursuant 15 U.S. Code 1611 in the amount XXXX {$5000.00}, Pursuant 15 U.S. Code 1692k ( a ) ( 2 ) ( A ) in the amount of {$1000.00}, Pursuant 15 U.S. Code 1692j in the amount of {$1000.00}, Pursuant 15 U.S. Code 1666 ( b ) ( 2 ) in the amount of {$1000.00}, Pursuant 15 U.S. Code 1666 ( a ) in the XXXX of {$1000.00}, Pursuant 15 U.S. Code 1691 ( a ) ( 3 ) in the amount of {$1000.00}, Pursuant 15 U.S. Code 1635 and UCC 3-306 , Pursuant 15 U.S. Code 6823 ( a ), Pursuant 15 U.S. Code 1635, Pursuant 15 U.S. Code 6827 ( 4 ) ( b ), Pursuant 15 U.S. Code 1640 ( a ) in the amount of {$5000.00} per violation or higher depending on pattern of failures aka XXXX. charges in accordance with TILA Regulations, Pursuant 15 U.S. Code 1692k ( d ) I the affiant am invoking my jurisdiction and will administer judgment over this matter in accordance to 15 U.S. Code 169299c ( d ), I the Creditor in fact in accordance with 15 U.S. Code 1692a ( 4 ) and as the Creditor who has created the debt. I will declare default judgment in favor of I, XXXX XXXX. Company failure to rebut and bring forth proof of claim in this administrative audit show proof in exhibit 1, that I owe the alleged debt shown in prior notice, Pursuant 15 U.S. Code 1692k ( a ) ( 1 ) in the amount of damages awarded in the amount of judgment in class action suit and that any further pursuit of collection is agreement that Discover collectively and and without argument owe I, XXXX XXXX the amount of {$5000.00} plus the remedy for the previous correspondence {$2200.00} and all just due remedy pursuant the 15 U.S. Codes mentioned in this letter in accordance with FDCPA and TILA, Regulations, in the amount of {$10000.00} and any further judgments in accordance with 15 U.S. Code 1640 ( a ) and that I XXXX XXXX may take all necessary actions to secure the claim to the remedy which is owed. 

Notice To Agent notice knowledge U.C.C. 1-202 Respectfully All Rights Reserved Without Prejudice U.C.C 1-308

Company response to consumer: Closed with non-monetary relief