Consumer complaint received 2017-10-13
Company: DISCOVER BANK
State: NY
Product: Student loan
Sub-product: Private student loan
Issue: Struggling to repay your loan
Sub-issue: Can't get other flexible options for repaying your loan

Complaint:
On XXXX XXXX, XXXX I submitted a signed application which included the contract requirements and terms, for a three year Public Service Deferment from Discover Student Loans. At the same time I uploaded my application/contract, and called a customer service agent to proceed. She indicated that the deferment was APPROVED until XXXX XXXX, XXXX and I received a document from Discover Student Loans indicating these terms. To my detriment, I relied on the promise of this deferment, this contract entered into and agreed upon by both parties, by adjusting me and my husband 's monthly budget for the next 3 years in the form of making promises to pay other obligations, by saving money for emergency and unavoidable circumstances and by changing my pay arrangements and housing agreements to reflect my expectation that I would not have to pay the student loan for three years. On XXXX XXXX, XXXX I received via email notification that there as a message in my discover message inbox. That message contained a document which ( included below ) indicated that my deferment was " cancelled. '' When I immediately called about this unilateral " cancellation '' of the deferment, the supervisor, named XXXX, listened to the recordings of my conversation with the unnamed employee and acknowledged that yes, she did approve my application, enter into a contract with me but that she was " mistaken '' and has since been " educated. '' I had several follow up conversations with XXXX where I informed him that this was not a misunderstanding, but was a real contract, that I relied on, that the proof of its creation is both in paper form ( see attachment ) and in the recordings. I asked him if our conversations were also being recorded, and he said yes, so there is proof that he agreed that I had been approved for the deferment. However, after even more phone calls, Discover Student Loans refuses to perform their end of the contract and only would offer me a one month forbearance to decide if I wished to apply for a XXXX forgiveness. On XXXX XXXX, XXXX, I called again and spoke with a female supervisor who refused to provide me with the legal phone number or address of Discover or Discover Student Loans. I told her that I am an XXXX ( I 'm a XXXX XXXX ) and that if I am forced to file a civil complaint, I will be requesting damages that include my attorney fees, which I am billing and that the damages would far exceed the balance on the loan and that it was in the company 's best interest to allow me access to the legal department with the possibility of a negotiation or settlement of the issue without a formal suit. She refused to assist me further. I have proof of this contract in paper form. Also, a letter needs to be sent to them to preserve all audio recordings. All i want is my deferment. I have no other ones left as I used them during all the many years I have suffered on XXXX leave from my job, and my monthly payment, which continues to grow from {$280.00} a month is in excess of what I can afford when coupled with all my household 's other expenses and bills. I need assistance getting access to the legal department, making them uphold the contract and perform and, if they are not willing, filing a suit for breach of contract, promissory estoppel and detrimental reliance. Is there any one who can assist me?

Company response to consumer: Closed with non-monetary relief