Consumer complaint received 2022-05-17
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: DISCOVER BANK (FL)

I am submitting this complaint to Discover, in regards to private student loans. 
The loans in question were originated with XXXX in XXXX. 

I have been recently served with a lawsuit for these two loans I allegedly owe. 
The following is a list of my complaints : Discover has failed to establish the chain of title of these loans they allegedly own. Their attorneys sent copies of barely legible contracts between The XXXX XXXX XXXX XXXX XXXX XXXX XXXX, with a blacked out information. Nowhere does it outline which individual loans were sold to Discover ( XXXX XXXX XXXX ) Additionally they sent to myself and to the court, two copies of single application showing a request for {$4600.00}. Somehow they maintain that this is proof of owning ( and my requesting ) a $ XXXX loan. 

Discover falsely claims I was in-school and requested in-school deferments from XX/XX/XXXX to XX/XX/XXXX for one of these loans, the other was deferred until XXXX of XXXX. I never attended college after XXXX XXXX and there was never a request made for deferment. In fact I had received a past due notice in XXXX of XXXX called Discover XX/XX/XXXX, asking for proof of deferment requests. I called back in XXXX and there was a pending request but no further information. They have failed to furnish any proof. There are several more calls made and the last call was in XXXX of XXXX where a representative was aggressively asking me why I wanted Discover to fix their mistake. On this same call, I again requested the proof of deferment request. She said there was nothing on file about anything having been sent. These loans originated with XXXX and I have letters showing loans with them becoming delinquent and then defaulting in XXXX. At this same time I became delinquent with XXXX, Discover placed the XXXX loans they supposedly service, on deferment. Additionally, the calls made to Discover regarding this issue only resulted in multiple forbearance periods I had no requested being added to the loans, between XXXX of XXXX until XX/XX/XXXX. 

Discover has failed to provide and a proper record of transactions regarding the balance and interest on these loans. The transaction history provided to me and the court shows multiple discrepancies when compared to their mailed monthly statements. These are a few examples : 1. The statement for XX/XX/XXXX shows higher balances than the transaction history shows for the date of XX/XX/XXXX ( three years later ) and there is no mention how much deferred interest there is. 2. The statement for XX/XX/XXXX shows higher principal balances than the transaction history shows for XX/XX/XXXX ( deferred interest was subtracted from Loan balance to find principal balance ). 3. The statement for XX/XX/XXXX still shows higher balances than the transaction history shows for XX/XX/XXXX, but somehow the principal balances are lower than those from XX/XX/XXXX. XXXX. The statement for XX/XX/XXXX still shows higher principal balances. Also, there are statements credit on that same day that are unknown to me as to why they are there, because there was never a payment sent to them, nor did Discover inform me where these came from. 5. The statement for XX/XX/XXXX shows a higher loan balances ( with interest ) than the transaction history shows for XX/XX/XXXX on XXXX loan, and XX/XX/XXXX for the other. 6. The larger of the two loans does not show a deferment for XXXX on the transaction history they lawyers sent, it simply shows as a forbearance, which as one can see in the earlier statements, is false. Those a statements show DEFER for both loans. 

Discover, if they are the owners of these loans, have also failed to follow the terms of the promissory note which states a default would occur, if a default I default under the terms of another loan from the lender. As mentioned before, several of the XXXX loans defaulted in XXXX. 

Discover claims that they own these loans when they have failed to provide proof of this. They also claim that the loans have been current for 13 years due to deferment and forbearances being put on this. This is despite defaulting on my XXXX loans in XXXX, no payments having ever been made to Discover, my not attending school since XXXX of XXXX, and my not requesting any kind of forbearance or deferment from them.