Consumer complaint received 2024-09-22
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: DISCOVER BANK (NY)

Discover Dispute Resolution Department Subject : Formal Dispute Regarding Billing Practices and Credit Reporting for Account No. XXXX under HJR 192, UCC, and Federal Statutes Dear XXXX XXXX, I am writing to formally dispute the billing and credit reporting practices associated with my account number XXXX, held with XXXX XXXX This letter serves as a legal dispute, referencing violations under HJR 192 ( Public Law 73-10 ), 15 U.S.C. 1637 ( a ), 1666 ( b ), the Uniform Commercial Code ( UCC ), and other applicable laws. 

XXXX. Failure to Comply with the Bill of Exchange Act and HJR 192 ( Public Law 73-10 ) Under HJR 192 ( Public Law 73-10 ), it is my understanding that debts can not be demanded in a form that violates public policy set forth by this resolution, particularly regarding discharge and payment of debts in a fair and lawful manner. I contest that XXXX XXXX has failed to properly apply these legal principles when assessing the balance on my account. 

Please explain the lawful basis for the charges applied to my account, considering the limitations on debt enforcement under HJR 192 and associated provisions.

2. Violation of 15 U.S.C. 1666 ( b ) Dispute of Billing Errors According to 15 U.S. Code 1666 ( b ) ( Fair Credit Billing Act ), I am disputing several billing errors related to the charges applied to my account. I request an immediate investigation into the following issues : Inaccurate charges on my account for [ specify the amounts and dates in dispute ]. 
Improper application of late payment fees, which I believe were assessed without lawful basis. 
Under this statute, you are required to investigate and correct any errors on my billing statement within two billing cycles. I request written confirmation of these corrections.

3. Late Payment Practices Deemed Illegal under 15 U.S.C. 1637 ( a ) and 15 U.S.C. 1666 ( b ) Under 15 U.S.C. 1637 ( a ), the practices of disclosing and applying late payments must comply with federal law. I dispute the late payments being reported on my account and deem them unlawful based on the lack of proper notification and disclosure. Failure to provide adequate notice as required by law renders the late payment reporting illegal. 

XXXX. Dispute of XXXX and Credit Reporting Under UCC 3-302 and UCC 3-419 I am disputing the negative entries reported by XXXX XXXX  to my credit profile ( CMI ). Under the Uniform Commercial Code ( UCC ), including sections 3-302 ( Holder in Due Course ) and 3-419 ( Conversion of Instrument ), I contest the lawful ownership and enforcement of these alleged debts. 

The assignment or transfer of any debt under this account, without proper documentation and adherence to UCC Article 3, is unlawful. I request that you investigate and correct any discrepancies in the reporting of my credit profile. Please provide verification of the legitimacy of the debt and compliance with all UCC provisions.

5. Violation of 15 U.S.C. 181ss and UCC 603 I am further disputing any charges applied to my account based on improper enforcement of billing or contract terms. According to 15 U.S.C. 181ss and UCC 603 ( Discharge of Debt ), I request that XXXX XXXX discharge any unlawful debt applied to my account and provide documentation verifying that all actions taken are compliant with federal law. 

Requested Actions Correct all billing errors on my account and provide written confirmation of the changes. 
Remove all late payment reports that are inaccurate or unlawfully applied under the statutes mentioned. 
Update my credit report to reflect these corrections. 
Provide verification of the debt under UCC standards, including evidence of lawful transfer or assignment.

Please consider this letter as a formal dispute under 15 U.S.C. 1666 ( b ). I expect acknowledgment of receipt within 30 days, and resolution of the dispute within two billing cycles, as required by law. Failure to address this matter promptly may result in further legal action or formal complaints to regulatory bodies. 

Thank you for your immediate attention to this matter. I look forward to your prompt response. 

without prejudices XXXX XXXX XXXX