Consumer complaint received 2026-01-13 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Told you not to respond to a lawsuit they filed against you
Company: DISCOVER BANK
State: VA

Complaint narrative:
AFFIDAVIT OF CONDITIONAL ACCEPTANCE FOR DEBT VERIFICATION AND FORMAL NOTICE OF RESCISSION I, XXXX XXXX, being the Affiant, and XXXX XXXX in Interest, after being duly sworn, do depose and state the following under penalty of perjury : I. Formal Introduction, Jurisdiction, and Requirements for Testimonial Oath I am the competent individual identified as the obligor in the matter concerning Account/Loan # [ File # XXXX ] ( XXXX House XXXX XXXX XXXX XXXX ). This Affidavit constitutes my formal, sworn response to the claim of debt asserted by your firm, XXXXXXXX XXXX XXXXXXXX, XXXX. The power of the court to administer justice necessitates the sworn truth in all matters of record ( XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ). The integrity of this claim requires that all facts presented must be substantiated by competent, admissible evidence ( XXXX, XXXX ). Furthermore, pursuant to the ethical duties of candor toward the tribunal, any legal professional involved must be sworn in as a matter of record and will be required to testify under penalty of perjury regarding the accuracy of all documentation and representations made herein ( Virginia XXXX of XXXX XXXX, XXXX XXXX ). This prerequisite ensures all statements meet the standards of veracity demanded by the legal system ( XXXX XXXX XXXX, XXXX ). 
XXXX. Assertion of Material TILA Violation and Notice XXXX XXXX This Affidavit serves as formal notification that I have identified a material violation of the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., and its implementing Regulation Z ( 12 C.F.R. Part 1026 ), in connection with the disclosure documents provided for the above-referenced XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). 
A. Material Disclosure Violations and Legal Precision The TILA disclosure provided a gross inaccurate Annual Percentage Rate ( XXXX ) or finance charge, demonstrating a failure to meet the strict liability standard of the Act ( XXXX XXXX Residential Funding LLC, XXXX ). My finding is that the essential cost-of-credit disclosuresthe Annual Percentage Rate ( XXXX ) and the Finance Chargeare materially inaccurate, violating the foundational purpose of TILA, which is to ensure " meaningful disclosure '' ( In re XXXX, XXXX ) XXXX XXXX was enacted " to assure a meaningful disclosure of credit terms so that the consumer will be able to more readily compare the various credit terms available to him and avoid the uninformed use of credit ... '' ( 15 U.S.C. 1601 ( a ) ) .1 The necessity for accurate, pre-consummation disclosure is fortified by the XXXX XXXX, which requires compliance with TILA 's timing mandates : disclosures must be provided " prior to consummation '' ( 12 C.F.R. 1026.17 ( b ) ) .2 The courts have repeatedly affirmed that an error in the finance charge exceeding the statutory tolerance of {$100.00} for refinance mortgages constitutes a material violation ( Consumer Fin. Prot. Bureau v. XXXX XXXX XXXX XXXX, XXXX ; XXXX v. XXXX, XXXX, XXXX ). 
B. TILA Rescission and Effect of Notice The inaccurate disclosures defeat the core purpose of the Act by providing a false basis for the credit decision, creating a condition where the " transaction is not closed '' in a lawful manner ( XXXX XXXX XXXX XXXX, XXXX ). The material errors in the XXXX and/or XXXX Charge XXXX XXXX failure to deliver the material disclosures required by TILA, which legally extends my right to rescind the Loan ( credit ) transaction for up to XXXX years from consummation ( XXXX U.S.C. XXXX ( f ) ; XXXX XXXX XXXX XXXX XXXX, XXXX ). 
Conclusion of XXXX : The act of rescission is executed simply by providing written notice to the creditor. The statute is explicit : " ... the obligor shall have the right to rescind the transaction ... by notifying the creditor ... of his intention to do so '' ( XXXX XXXX. XXXX ( a ) ) XXXX The Supreme Court confirmed that written notice alone effects the rescission and filing suit is not required within the three-year period ( XXXX XXXX XXXX Home XXXX XXXX XXXX XXXX XXXX ). This means the security interest is void ab initio upon mailing ( XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX ). 
XXXX. Conditional Acceptance, Validation, and Documentary Demands I hereby conditionally accept the claim of debt asserted by XXXX and XXXX, XXXX, contingent upon the sworn, notarized, and timely provision of the following evidence. This critical documentation has been previously requested, but has not yet been received and validated ( XXXXXXXX XXXX XXXX XXXX  XXXX, XXXX ). The examination of the contract between parties must be established, along with all of the other information requested for examination and validation ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). 
A. Validation of Contractual Relationship and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Contract ) A notarized copy of the ORIGINAL WET INK SIGNED CONTRACT and all other supporting documentation that give rise to and lawfully support the alleged obligations. 
Legal Requirement : Production of the original instrument is essential to verify authenticity and prevent fraud in commerce ( U.C.C. 3-301 ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX # XXXX ( XXXX XXXX ) A sworn and notarized Affidavit, signed under Penalty of Perjury, providing proof of the claim.

Requirement for Competent Evidence : " Affidavits are necessary to authenticate documents and verify the competency of the affiant to swear to the facts contained within the claim '' ( XXXX XXXX XXXX, XXXX ). 
Condition # XXXX ( Holder Status ) That your client is the bona fide Holder in Due Course ( XXXX ) of the Contract, and that they can produce the ORIGINAL WET INK SIGNED CONTRACT. 
Legal Requirement : The claimant must prove XXXX status to sue on the instrument, requiring possession of the original ( Virginia XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). 
XXXX # XXXX ( Authorization ) Provide written verification in the form of a signed, sworn, and Notarized Affidavit from the stated creditor that you are authorized to act on their behalf in this alleged debt collection action. 
Legal Requirement : The agent ( firm ) must prove explicit agency and authorization to assert the principal 's claim ; failure to do so is a matter of standing ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

B. Financial and Accounting Transparency Demands Condition Requirement Legal Fortification/Journal Commentary Condition # 4 ( General Ledger ) Provide the total account and general ledger statement showing the full and complete Accounting of the alleged obligation, sworn to by the authorized person responsible for maintaining these records. 
Legal Requirement : Demands are rooted in the right to a full accounting to verify the debt 's balance and prevent unjust enrichment ( In re XXXX, XXXX ; XXXX XXXX XXXX XXXX XXXX, XXXX ). 
XXXX # XXXX ( Proof of Fund Creation ) Provide verifiable proof that any actual money was ever created or loaned to me by the named creditor ( XXXX ), and not mere bookkeeping entries made to establish the alleged obligation. 
Legal Requirement : The theory of " loaned credit '' versus " loaned money '' is crucial to the defense of failure of consideration in contract law ( U.S. House of Representatives, XXXX ; XXXX XXXX XXXX, XXXX ). 








XXXX Statutory and Regulatory Compliance Demands Condition Requirement Legal Fortification/Journal Commentary Condition # 5 ( State Compliance ) Provide Certified and Notarized copies of documents showing compliance with Virginias requirements XXXX operate as a collection agency ( licensing, bond, etc. ). 
Statutory Requirement : Virginia Code XXXX requires debt XXXX to be properly licensed and bonded to conduct business in the XXXX ( Virginia Department XXXX XXXX and XXXX Regulation, XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX ). 
XXXX # XXXX & # XXXX XXXX XXXX XXXX XXXX XXXX ) Provide the Federal and State statutes and enforcing regulations which clearly and unequivocally make me liable for this alleged debt and allow for the collection of this alleged debt.

Statutory Requirement : The FDCPA mandates validation of debt ( 15 U.S.C. 1692g ( b ) ). The claimant must cite the positive law creating the liability ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
Condition # 8 ( Notice Authorization ) Provide proof that your Notice of Debt Collection is authorized by such Statutes and enforcing Regulations.

Statutory Requirement : Every communication must comply with FDCPA 1692e, requiring the collector to state the debt 's validation rights and their authority to act XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief