Consumer complaint received 2017-07-18
Company: DISCOVER BANK
State: NC
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
On  XX/XX/XXXX , my spouse passed away unexpectedly. Discover Card is the company in question. The account was opened in  XX/XX/XXXX . I believed myself to be an authorized user, because at the time the application, I was separating from the service and the  XXXX  returned me to my Home of Record,  XXXX . The ETS date was  XX/XX/XXXX . I stayed in the state of  XXXX , ( home of record ) for 10 days and the application was signed on  XX/XX/XXXX . I did not sign that form. When my husband passed away, he had been unemployed. I used the card to make 2 payments to  XXXX . A payment was due on XX/XX/XXXX . I called them to say my spouse had passed away, knowing that in the state of NC, as an authorized user, I was ultimately not responsible for the debt. I could have charged the card and committed fraud, but I did not because I would be committing fraud on the back of a dead man. I began to receive phone calls for the debt. I took several calls and reiterated that I was an " authorized user '' and knew the law said I was not responsible. I said that I had no job and there was no way I could pay. They asked me if I had relatives to borrow from, life insurance or any other way to pay and tried to get me to commit to a payment plan, etcetera because " did n't I use it to live on? ". In  XXXX , I was finally pronounced executrix of my spouse 's estate.  XX/XX/XXXX , I received another phone call. I was asked again about making the account current. I told them again -- that I was an " authorized user '' and was advised not to make any payments by the attorney representing my late husband 's estate until 90 days had passed to post notice to creditors. I asked the advisor on the phone to send me the application agreement if I was a " joint account holder '' as was proclaimed, and was told that I would need a SUBPOENA. I have a witness to that phone call. If I were a joint account holder, this should have been a no-brainer, just send me the document!! I emailed the estate attorney 's paralegal who said she had never heard of such a thing. I received a phone call stating that once again, they were trying to bring the account current. I reiterate that one of the advisors said I needed a subpoena as a joint account holder to get the signature card/application and they provided me with an email address for the POA ( powerofattorney ) to submit documents. I sent them the death certificate and the Letters Testamentary. Again, why, If I was a joint account holder? I believe it violates the FCRA and they did record the call. I also received a phone call saying that the letter with application had been sent and shouldnt I pay only  XXXX ? Over and over until I ended the phone call. At the time I had not received or seen the application document and I said I would not do anything until I had it in my hands. When I received the application document around XX/XX/XXXX  or  XXXX , two things stood out. 1. As a military member, newly separated, there is NO WAY had I been the signatory, that the space for the date would be completely blank!! No way. It was. 2.The date of the application which was on my spouse 's signature line was whited out. Why? Because Discover has a taped conversation in my words telling them that I was not in  XXXX , but  XXXX , my home of record.  XXXX  was my spouse 's home of record. And I did not make it back to  XXXX  until days AFTER the account was opened. I never set foot in the  XXXX  where the account was most likely opened, nor did I ever set foot in the bank listed on the application. And I am certain that the signature belongs to someone else, which is why I repeatedly told the Discover card advisors that I was an " authorized user ''. I did not sign the application. I also received a letter telling me that I had " paid the bills '' and " requested an address change '' and I never " disputed '' anything before, so, in essence, what was the problem? I did pay the bills as a stay at home mother, it was my job. Generally speaking, we moved   XXXX    times and as an authorized user, I was allowed to make certain changes, and lastly, why would I dispute anything that I knew we spent money on? I disputed it upon my spouse 's death, because I had never signed the application and this is why I repeatedly referred to myself as an " authorized user ''.
They continued to call me until the account was 8 months in arrears. The number originated out of AZ and I can provide it with research. I had excellent credit, in comparison to my spouse. A thirty year credit history, despite 3 unemployments in the last ten years, and to boot, I reiterate I did NOT sign the application. And although I will have to sell my house no matter what, this incident will have an affect on my credit rating and potential to downsize, obtain an affordable mortgage. I was a stay at home mother for 20 years. Credit card companies do n't want to know that you are honest enough to call them and tell them that you can not pay the bill off, but instead tell you that you must be 6 months in arrears in order for any " help '' to be given. I hardly ever made the minimum payments as I wanted my credit to remain in good standing, whether owner of the account or not. I have not reported the dispute to the three main agencies because I thought I could take care of it myself. And now, with this, I will.

Company response to consumer: Closed with explanation