Consumer complaint received 2023-07-15
Product: Credit card or prepaid card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: DISCOVER BANK (CA)

On XX/XX/ I attempted to pay the balance of {$8600.00} due on my Discover It credit card. I used the blank check provided on the bottom of the statement, detached it as instructed on the statement, and mailed it to the address provided by and instructed by Discover along with my tender ( letter of instructions for Discover so they knew what to do with the payment ). In addition to the payment and tender enclosed in a secure envelope, I provided a printed copy of Federal Reserve Act Section 16, 2. - which notifies Discover of my right to provide a tender along with my payment. 

Again, the above letter was mailed directly to their billing department. 

In addition to the secure envelope and its contents described above, I sent a second letter on XX/XX/ directly to Discover headquarters addressed to their CFO, XXXX XXXX XXXX. This letter included the following : A copy of the same payment sent to the billing department. 
A copy of the same tender ( letter of instructions ) sent to the billing department. 
A copy of Federal Reserve Act Section 16, 2. sent to the billing department. 
And a copy of a notarized California Durable Power of Attorney. 

Each secure envelope described above ( 2 ) was sent certified mail with a certificate of service ( PS form 3811 ) through United States Postal Service. Both of those envelopes were delivered and signed for on behalf of the Discover billing department and by agent on behalf of XXXX XXXX XXXX, XXXX. I know this because I have the signed certificates of services from both envelopes in my possession. 

In my tender, I instructed the CFO, XXXX XXXX XXXX to communicate in writing within XXXX business days once the payment was applied. 

Not only did XXXX XXXX XXXX XXXX and the billing department fail to respond in writing within XXXX business days ; they completely ignored me ( the owner of the account ) and they failed to apply the payment which was sent to them. 

On XX/XX/2023 I attempted to pay the {$8600.00} due for a second time by sending a secure envelope, sent by certified mail with a certificate of service with the same contents described above inside of the envelope sent to the billing department. 

This time, I included a printed copy of Federal Reserve XXXX XXXX XXXX. XXXX XXXX XXXX, attempting to notify Discover that they are officially in violation of ( b ) Second Tier - breach of contract to perform any fiduciary duty as stated in Section XXXX. 

OnXX/XX/XXXXanother secure envelope with the same contents sent to XXXX, XXXX XXXX XXXX XXXX was again sent certified mail with a certificate of service. This time, I did not include the Power of Attorney as XXXX XXXX XXXX XXXX is already in possession of the first copy I sent. Instead, I included a copy of Federal Reserve XXXX XXXX XXXX. XXXX XXXX XXXX, attempting to also notify XXXX XXXX XXXX XXXX that he is in breach of contract for failure to perform fiduciary duties. In addition, I highlighted that the breach was part of a pattern of misconduct as he failed to respond to my first letter of instructions. 

The second set of letters described above, were sent and delivered as I am in possession of both signed certificates of service proving Discover billing department and the CFO received my second attempt to pay. 

Once again, XXXX, XXXX XXXX XXXX XXXX and the billing department failed to respond in writing ( completely ignored me for a second time ) within XXXX business and they failed to apply the payment for the second time. 

On XX/XX/XXXX, I requested a copy of my Discover Card Member Agreement, which I did not initially receive when I first received the plastic credit card. I now have this agreement in my possession. 

OnXX/XX/XXXX I made a third and final attempt to pay the {$8600.00} due on my Discover It credit card. I followed the same procedure described in my first and second attempts to pay. Again, I used certified mail with certificates of service for each instrument of communication sent to the same persons - the Discover billing department and directly to the Chief Financial XXXX - XXXX XXXX XXXX XXXX. 

The only difference of the contents of the secure envelopes sent for my third attempt to pay was, I highlighted ( c ) Third Tier of The Federal Reserve XXXX XXXX XXXX. XXXX XXXX XXXX, attempting to notify Discover billing department and CFO XXXX XXXX XXXX XXXX that this third and final attempt is a " Notice of Default - Breach of Contract ''. 

It is now XX/XX/XXXX, and I have yet to receive a response to my third attempt to pay, a phone call or any communication whatsoever from Discover billing department or CFO, XXXX XXXX XXXX XXXX. 

On page 3 of the Discover Cardmember Agreement, it states verbatim, " This Agreement is governed by applicable federal law and by Delaware law. ''