Consumer complaint received 2021-10-27
Company: DISCOVER BANK
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
Fact, I, XXXX XXXX XXXX, am a federally protected consumer, debtor and holder in due course pursuant UCC 3-306. 
Fact, DISCOVER, is a for-profit company which headquarters is located in the area of XXXX, Illinois and is a creditor to the account in question. 
Fact, the account in question was opened in XXXX of XXXX, with, DISCOVER, using my personal identification and credit card information as defined in 15 USC 1602 ( l ). 
Fact, an account pursuant 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. 
Fact, since opening the account in question in XXXX of XXXX, I have paid a monthly bill to DISCOVER, online, using my personal debt card information. 
Fact, DISCOVER has been collecting money from me since the account in question was opened making me to believe it is a bill when in fact it is dividends. 
Fact, I, the affiant, have received several statements including the subject matter of an attempt to collect an alleged debt for account number XXXX. 
Fact, I, the affiant, have reason to believe and do so believe, as a federally protected consumer and debtor, owe no such alleged debt ( s ). 
Fact, I, have reason to believe and do so believe that, all past, present, and future billing statements received by XXXX are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened in XXXX of XXXX. 
Fact, I have sent the tender of payment to DISCOVER pursuant to UCC 3-603. If the instrument and tender is refused, there is discharge in accordance with UCC 3-603 ( b ) Fact, I, the affiant, am asserting my right to acquire documentary evidence in accordance with 15 USC 44 for the books of accounts as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. Id like to access both the journal and credits of accounts, as well as the ledger and debits of account, in order to verify the current accounting and taxes related with this account.

Fact, in accordance with 15 USC 1666d, if there is a credit of account balance with surplus over 1 dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance direct to I, the consumer by check. As this is a formal instruction in accordance with 15 USC 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 USC 44 to resolve this billing error, the documentary evidence, which includes books of accounts in accordance with 15 USC 44, must be provided to clarify this amount.

Fact, I, the affiant, am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collection all past, present, and future amounts in dispute pursuant to title 15 USC 1666 ( e ).

PLEASE NOTE : Fact, I, the affiant, am aware, rules pending resolution state creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumers credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges pursuant 12 CFR 1026.13d ( 2 ).

Fact, I, the affiant am aware, that, DISCOVER as the creditor may not collect any disputed amount. As a federally protected consumer, whom does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumers credit standing without resolving the billing error. Such actions by DISCOVER will forfeit its rights to collect the disputed amount as described in 15 USC 1666 ( e ) and hold the creditor liable under 15 USC 1693m to DISCOVER for actual damage cause to I, the affiant, as well as held to criminal liability pursuant to 15 USC 1693n for failure to present required documentary evidence as request to clarify and resolve the previously addressed billing error.

Fact, I, the affiant am aware, DISCOVER, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section Fact, I, the affiant am aware, that, in accordance with 16 CFR 433.3 DISCOVER is not exempt from any claims or defenses as described in 16 CFR 433.2 ( a ) as the affiant, may invoke, rights as the debtor in this consumer credit contract against DISCOVER for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX is exempt from 16 CFR 433.3.

Company response to consumer: Closed with explanation