Creditor Lied to Me on Phone Today!

I'm not sure what you should do, but you can't let your debts consume your life and cause extra stress and grief. Maybe you should look into Bankruptcy as an option to get a fresh start. I sincerely wish you the best during these trying times.

did this attorney who is probably a rent-a-lawyer send you anything.if so send a DV and C&D letter.send them CMRRR.they lied to you which means they can't properly vlidate the debt.sounds like a bottomfeeder CA to me.next time ask them for an address then if they refuse say you want something in writing first.i wouldn't even talk to this JDB again.

Paul,

I sent a request for Discovery a few days ago--to the attorney and to the court. So far, they've sent nothing. I think you're right. They probably have nothing to prove their case.

I feel that the way the woman lied is a violation of the fdcpa.???? 1692e. False or misleading representations
"A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt..(2) The false representation of????????
(A) the character, amount, or legal status of any debt

I'm going to file a counterclaim with the court.

I only wished I would have recorded her. I'm thinking about calling her back tomorrow and doing so.

B.

Bman,

But this is not Discover Card. This is an attorney who bought the debt and is pretending that Discover card is their client. I think I'm going to write to Discover card and request that they respond and tell me who owns this debt in writing.

This is the first debt collector I've tried to speak to. They're ruthless!

B.

Novelist , that's not necessarily true . Some collection attorneys don't actually buy the debt . They work on a contingency basis where they actually do collect on behalf of the creditor.

You have never mentioned the name of the "law firm." It would help!

novelist, I understand they lied to you and I know they are not Discover. I was just mentioning I have heard they are tough.

Again my best to you.

BMan,

Thanks for the well wishes. I could use it right now. LOL! Yes, you sure don't want to deal with these sharks! Scary! Try to deal directly with Discover instead. I wish I would have done that. I had so much debt in 2003 though that I ran scared. Unfortunately, most of my debts have since been purchased by bottom feeders.

Mobile, Discover Card said they sold the debt to this attorney when I called them today--yet the attorney's office claims that Discover Bank is their plaintiff and that Discover refuses to reduce the debt.

What is the name of the law firm ?

Please!!!!! Tell us the name of the law firm so we can research them. Also what state are you in?

Sorry. I tried to post this twice yesterday, but it didn't post. The law firm is Cohen, McNeile, and Pappas out of Missouri and Kansas.

BTW, I called back today and this time I got a recording (and I've typed out a 4-page transcript of the conversation) to submit to the court. I have a statement where the firm's representative claims that the debt is owned by Discover Bank, which is false. Yipppeeee!!!!!

BTW, in Missouri you only need the consent of one party to use a recorded conversation in court.

Here's a tasty tidbit of that conversation:

Defendant: Well I feel like you misrepresented this debt by claiming that Discover Bank is the owner of the debt.

Plaintiff's Representative: They are the owner of the debt. Yes, mam.

Now I'm sitting here trying to decide whether I should continue to pursue the case on my own or get an attorney. I really can't afford an attorney. If I hire an attorney, I'll have less to settle with. On the other hand, maybe the attorney would be more successful than me at getting this case dismissed.

BTW, I'm still miffed about the way she referred to me as "You People," yesterday when I was trying to explain my financial situation. I think that's a derogatory term. Don't you? I'm trying to decide whether to add this to my Answer to the Court.

The old saying is "anyone who represents themselves in court has a fool for a lawyer." Not that you are a fool but unless you have years of litigious experience you will wind up paying their fees and court costs on top of the inflated debt. Better to pay your own lawyer than to have a judgement on your credit and be out all that money!. Been there, done that!

FYI. Cohen, McNeile, Pappas is described as a "collection powerhouse" that collected over 34 million in debts. They are a legitimate and big law firm. Do a google search on them and you will se who you are up against. Please get counsel!

Thanks for the advice, Frogpatch. I wish I could get an attorney, but I'm just too broke. So I've been studying law since I got served. This has been a horror in my life--I'm been so distraught about this. I can't even sleep more than 3-4 hours a night. I've written a 10 page answer to their petition and will probably file it tomorrow.

You are right. This is a scary law firm.

BTW, they're pulling a new one on me now. I called Discover again tonight, hoping to get it recorded that they'd sold the debt--as I was going to ask the judge to dismiss the case due to the confusion about the ownership of the debt. Well, customer service wouldn't talk to me about it this time and connected me to another department--probably the legal department. A man asked me a lot of questions, including my work phone number. I told him I'm unemployed--I am. And he said that Discover is the one bringing suit. I asked him why Discover told me a couple of days ago that they'd sold the debt. He said he didn't know.

Now I'm really confused.

I think the truth of the matter is that they were alarmed about my previous phone calls and want to hide the truth. I don't think it's right that they keep telling me one thing and then another.

I know Discover Card lies. Now I am dealing with them in court again. This time they have froze our checking, saving and kids savings. I have no cash to even buy grociers or gas for my husband to get to work. They don't care how you live only that they get your money.
I've been filling out Chp 13 bankruptcy papers and still trying to find the correct address to put on the creditors address line. This is very upsetting to me that I will have to fill bankruptcy. We are now behind on the mortgage and other bills because of this damn company

Get this. Last night, after I'd filed my Aswer to the court, Affirmative Defenses and Counterclaim for numerous violations of the Federal Debt Collection Practices, I discovered that the Cardmember Terms that they've attached to the petition is dated April 2007. I had a CC with them from 2001-2003. So it could not be the same agreement. So I had to add this to my Affirmative Defenses and I rushed the addition to the court today, along with a ton of caselaw, showing that it's fraud to purposely submit such false documents to the court. I also filed a dismissal motion on those grounds. It will be interesting to see how this plays out.

BTW, the sworn testimony of their witness also claims that this is the agreement between me and Discover Card, which blows away the reliability of his testimony.

Bolhouse,

How are they doing this? Did they win a judgment against you and get a Writ of Garnishment? If so, you can go to the court and request affordable payments, but you must act quickly if you hope to do that. I believe you only have 10 days to do this in some states.

Also, you can get their addresses from their website. Just look up Discover Card on Google.

Good luck. I hope you find some way to fight them. :-)

Novelist,
Can you let us know how this all turns out? I was lied to a couple of months ago about a settlement offer. I received the offer in the mail and when I called to accept I was told that I would still owe the remaining balance even after I paid the settlement amount. I feel like I was lied to and shouldn't have to pay the remaining balance...I only have until the 20th to pay and not sure what to do. I wanted the settlement!

InchaBug89,

I wouldn't think you'd have to pay the remaining balance either. If they sent you a settlement offer in the mail, then you have written proof of that offer. If I were you and I agreed to the terms they state in that written offer, I'd send them a copy of their offer as a reminder and the settlement payment, writing on the check something like: "settlement payment in full." If they cash it, that would be strong evidence to use in court if they continue to pursue the debt. I would not use a check from my own bank account, however. I'd probably get a money order or cashier's check from another bank and keep the carbon copies. They have wonderful cashier's checks at my husband's bank, where the bank keeps a record of who it was sent to and for what amount and can get a copy of it if ever needed.

Anyway, good luck in dealing with them. Let us know how it goes.

I'll let you all know how my case goes. I have to go to court tomorrow and I'm very nervous. I'm wishing I'd gotten a lawyer as I'm not a very good speaker and I wonder if I've done anything wrong in filing my answer and counterclaim. I also wonder why they seem to be ignoring everything I filed so far. I filed a Motion to Dismiss with prejudice a few days ago, accusing them of committing a fraud upon the court by submitting false documents and for a lack of material evidence to prove their case. I discovered that the cardmember terms they submitted have a 2007 copyright notice on them, and yet I had an account with this cc company from 2001-2003. I'm also trying to knock down the affidavit that they'd attached to the petition for many reasons, but also because Discover's "Legal Placement Manager," whatever that is (to me it's another way to say Lawyer) says that the cardmember terms are the ones I had with Discover Bank. Ludicrous!

He also states in the affidavit that my state and country of residence are accurate at the time of "this" action. He gave his affidavit in May, so unless he had a crystal ball, there's no way that he could possibly know my place of residence during these legal proceedings.

I'm thinking about writing up a motion today to strike the affidavit and the cardmember terms.

That would only leave them with a bill that shows the balance (with a late fee and a over the limit fee) and a bill that shows the charge off--both of which I never received and are questionable.


B.