Consumer complaint received 2022-03-29
Company: DISCOVER BANK
State: TX
Product: Student loan
Sub-product: Private student loan
Issue: Dealing with your lender or servicer
Sub-issue: Received bad information about your loan

Complaint:
I extended my credit to Discover Student Loans evidenced by my Social Security Credit Card Account number being attached to the Loan Application and Promissory Note. Credit Card is defined as any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. This is evidence that my Social Security Card was used as a Credit Card in order to authorize and consummate the Account No. XXXX. An appropriate indorsement will show proof that the promissory note has been negotiated and that the alleged indebtedness has been paid off and I am not liable for the obligation. 
I have requested that Discover provide me with additional clarification in regard to this alleged extension of credit. This can be evidenced by the attached Fundamental Right to Information Request. This request was responded to by XXXX of the Executive Office of Customer Advocacy however XXXX failed to provide me with what I specifically requested which was a copy of the indorsement made on the Promissory Note. This additional clarification / documentary evidence is necessary in order to clarify the alleged extension of credit that consummated the account XXXX. After multiple attempts to get the requested indorsement Discover still refuses to address my concerns. The refusal to provide this information to me is evidence of Discover Student Loans attempting to Conceal a material fact which is a violation of 18 U.S. Code Subsection 1001 and 18 U.S. Code Subsection 2071. Discover Student Loans has also accepted and deposited payment from me in the full amount of the loan evidenced by attached payoff notice dated XX/XX/2019. However Discover Student Loans kept my payment and reversed my payment without sending me any written communication or returning my payment to me or providing any transparency or disclosure of what happened with my payment. This is evidence of embezzlement. Even when I spoke with Customer Service they told me over the phone they will send me my payment back before promptly hanging up on me. However I never got my payment back. This has caused me and my mother who co signed for the loan serious harm, emotionally, psychologically, and financially as the said student loan has reported negatively on both of our credit reports and caused us to not have adequate access to credit. 
Consequently, Discover Student Loans has been holding my mother and I as peons in a system known as peonage by means of involuntary labor, in the liquidation of a perpetual debt in an amount over {$8000.00} the foregoing was established, maintained, and enforced evidenced by the policies, procedures, customs and practices of which was utilized by Discover Student Loans to willfully subject my mother and I to the deprivation of our rights secured and protected by the Constitution and Laws of the United States. 

Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution all powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof. Under the laws of one of the greatest documents of all time-the American Constitution, all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts. Equal rights are protected against impairment by nongovernmental discrimination and impairment under XXXX of State law. 
The Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support the Constitution. 
Any member of an organization which unlawfully advocates, for the overthrow of our constitutional form of government by preventing others from the free exercise of rights under the Constitution and laws of the United States may not accept or hold a position in the Government of the United States or the government of the District of Columbia. 
Every organization and member thereof which unlawfully advocates or practices under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 
The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or State of the United States ; and all acts, laws, resolutions, orders, regulations, or usages of any Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. 
Whoever knowingly obtains the labor or services of a person by means of force, threats of force, physical restraint, or threats of physical restraint to that person, serious harm or threats of serious harm to that person, the abuse or threatened abuse of law or legal process, any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person would suffer serious harm or physical restraint. Any one of or by any combination of the aforementioned is punishable by fine, imprisonment for any term of years or life, or both. Whoever knowingly benefits financially from participation in a venture which has engaged in any one of or by any combination of the aforementioned is punishable by fine, imprisonment for any term of years or life, or both.

Company response to consumer: Closed with explanation