Consumer complaint received 2023-02-17
Company: DISCOVER BANK
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
NOTICE OF FAULT AND OPPORTUNITY TO CURE THIS NOTICE AND ENCLOSURES ARE A PRIVATE COMMUNICATION BETWEEN THE PARTIES AND CONSTITUTE DUE PROCESS NOTICE TO AGENT ( s ) IS NOTICE TO PRINCIPAL ( s ) -- - NOTICE TO PRINCIPAL ( s ) IS NOTICE TO AGENT ( s ) DATED : XXXX XXXX XXXX the XXXX day of the XXXX month of the year XXXX-XXXX XXXX  FROM : : XXXX ;. XXXX ( CLAIMANT ) XXXX XXXX XXXX XXXX XXXX California [ XXXX ] Non-Domestic without the United States TO : DISCOVER FINANCIAL, individually and in the commercial capacity, acting as and/or its principals, subsidiaries, agents, affiliates, successors and/or assigns ( individually and collectively, RESPONDENTS ) c/o XXXXXXXX XXXX XXXX XXXX, XXXX, IL [ XXXX XXXX CC : SECRETARY OF THE STATE OF THE UNITED STATES ATTN : XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
WASHINGTON, D.CXXXX XXXX  CONSUMER FINANCIAL PROECTION BUREAU ATTN : XXXX XXXX XXXX XXXX XXXX XXXX. 
WASHINGTON, D.CXXXX XXXX ATTORNEY GENERAL OF THE UNITED STATES ATTN : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX WASHINGTON, XXXX XXXX SECURITIES AND EXCHANGE COMMISSION XXXX   : XXXX XXXX XXXX XXXX XXXX, XXXX WASHINGTION , D.CXXXX XXXX FEDERAL TRADE COMMISSION ATTN : XXXX XXXX XXXX XXXX XXXX XXXX XXXX WASHINGTON, D.CXXXX XXXX XXXX XXXX XXXXY XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX SERVICE : Certified Mail Number, Return Receipt : RE XXXX XXXX XXXX XXXX RE : Cease and Desist, Debt Validation, Conditional Acceptance Letter, dated XX/XX/XXXX, from Claimant to Respondents ( among others ), regarding Cease and Desist, Debt Validation, Conditional Acceptance Letter. 

COMES NOW THE CLAIMANT, natural woman and free inhabitant on the land, in peace and with the intention of obtaining lawful remedy as is provided by law NOTICE TO THE ABOVE RESPONDENTS IN THE MATTER OF : DISCOVER FINANCIAL acting as CREDITOR and/or, agents, affiliates, successors, debt collectors ; failure of Respondents to properly respond to Cease and Desist, Debt Validation, Conditional Acceptance, and, failure to comply with the Claimants demands, and, failure to carry out Claimants orders, pursuant to the Notice. 

NOTICE : Capitalized and defined terms not otherwise defined in this Notice of Default and Opportunity to Cure shall have the meanings ascribed to such terms in the Notice. 

He who is silent is considered as assenting, when his interest is at stake. 

An unrebutted affidavit stands as truth in commerce. 

He who is silent is supposed to consent. The silence of a party implies his consent. 

An unrebutted affidavit is acted upon as the judgment in commerce. 





I. STATEMENT OF FACTS 1. On XX/XX/XXXX, I XXXX XXXX XXXX made presentment of Cease and Desist, Debt Validation, Conditional Acceptance, NOTICE AND DEMAND ( six pages ), regarding the debt validation sent via United States Post Office ( hereinafter USPS ) Registered Mail Number XXXX Return Receipt to : DISCOVER FINANCIAL HEADQUARTERS XXXX XXXX XXXX, XXXX XXXX IL XXXX XXXX ], a copy of which is enclosed herein. 
2. Per the Claimants inquiry to XXXX Track and Confirm, and per the dated return receipt PS Form 3811, the Cease and Desist, Debt Validation, Conditional Acceptance Letter was delivered on XX/XX/XXXX to RESPONDENTS. 
3. As of XX/XX/XXXX, RESPONDENTS have chosen to ignore my request. 
4. As of XX/XX/XXXX, RESPONDENTS failed to comply with the Claimants Conditional Acceptance and failed to uphold Claimants demands pursuant to the following Sections of the Notice ( which were required to be complied with and postmarked within twenty-one ( 21 ) days of said Notice ) : 1. VALIDATE DEBT 2. DEMAND FOR REMOVAL 3. PAY COMPENSATING DAMAGES 5. RESPONDENTS have not refuted nor rebutted the PRESENTMENT via affidavit sworn under penalty of perjury. 
6. RESPONDENTS also have failed to perform required actions. 
7. RESPONDENTS failed to provide the complete GAAP Audit trail for this account, including all documents. 
8. RESPONDENTS are in violation of 15 U.S. Code 1681a ( 2 ) ( A ) ( iii ) - As DISCOVER FINANACIAL has reported this account 60 days past due. I was not given the chance to opt out of having this information reported about account ending in XXXX and this disputed information must be removed. 
9. RESPONDENTS stated, on XX/XX/XXXX As a result of a recent review, we have closed the account referenced above. WE have taken this action because we were unable to verify personal information on your account. We will report to the credit bureaus the account was closed by creditor, and credit your account with your card rewards balance if you have one. Pursuant to 12 C.F.R. 1026.13 ( d ) ( 1 ), the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by DISCOVER FINANCIAL will forfeit its rights to collect the disputed amount as described in 15 U.S. Code 1666 ( e ) and hold the creditor liable under 15 U.S. Code 1693m for XXXX XXXX XXXX XXXX for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S. Code 1693n for failing to provide required documentary evidence as requested to clarify and revolve the previously addressed billing error. 
10. RESPONDENTS are at Fault. 
11. RESPONDENTS have no right to act outside the scope of Claimants instructions in the Notice. 

RESPONDENTS willingly breaching their fiduciary duties by failing to honor RESPONDENTS Cease and Desist, Debt Validation, Conditional Acceptance Letter and failing to uphold Claimants rights can only lead Claimant to believe that RESPONDENTS are continuing to violate the many Title 15 united states codes listed. 

II. OPPORTUNITY TO CURE You have ten ( 10 ) days from the delivery date of this NOTICE OF FAULT AND OPPORTUNITY TO CURE to : ( a ) meet all obligations described in the Cease and Desist, Debt Validation, Conditional Acceptance and send a signed notice of completion of said obligations postmarked within ten ( 10 ) days, or, ( b ) respond to the Cease and Desist, Debt Validation, Conditional Acceptance ( sent with the Notice ) on a point-by-point basis, via sworn responsive affidavit, under RESPONDENTS full commercial liability, signed under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. As expressed in the Notice, mere declarations are an insufficient response. 

NOTICE : Any and all responses from RESPONDENTS shall be sent to Claimant by traceable mail only, certified or registered mail. If an extension of time is needed to properly answer, please request it in writing and send the request by traceable mail to the mailing location provided above. If you simply meet the obligations of the Notice, your actions shall not be construed as an admission of guilt, and I shall release you of all liability regarding this matter. Your non-response to the Cease and Desist, Debt Validation, Conditional Acceptance shall be construed as an admission of the facts contained therein. 

III. FAILURE TO ACT AS REQUIRED The Witness shall execute a certification of your response or lack thereof. If you fail to respond, said certification, along with the NOTICE AND DEMAND ( and Cease and Desist, Debt Validation, ) and this NOTICE OF FAULT AND OPPORTUNITY TO CURE, shall be the FINAL EXPRESSION IN A RECORD as a complete and exclusive statement of the terms of the agreement between us. 

Public notice of our private agreement may be made a matter of public record at any time and at the discretion of the Claimant. 

IV. ENCLOSED The following is enclosed are incorporated herein by reference. Please read them carefully : 1. Cease and Desist, Debt Validation, Conditional Acceptance, certified copy Thank you for your time and attention to this matter.

I declare ( or certify, verify, or state ) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, under common law. 
Executed without the United States, at XXXX this ______ day of the __________ month. Witness my hand. 

Witnessing By : _____________________ ___________________ ____________, All Rights Reserved ___________________ NOTICE : THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS AND IS FOR THE PURPOSE OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW. 

Using a notary on this document does not constitute any adhesion, nor does it alter my status in any manner. The purpose for the notary is verification and identification only and not for entrance into any foreign jurisdiction.

Company response to consumer: Closed with explanation