Discover - ATTORNEY PLACEMENT PENDING LETTER

The days past due are really irrelevant...they can sue you at anytime.

Are they seeing assets on your mom's credit report? A mortgage perhaps?

You need to call them and tell them everything about your Moms situation. It seems that they feel they can get the money with enough pressure. You need to nicely let them know the situation and that there are no assets to get and income is protected.

Yes I have received this same letter. They will likely not back down. In response to their letter I sent them an election of arbitration notice sent CMRRR, in that letter I quoted from the cardmember agreement that by electing arbitration I had waived them outta court. Once we received back the green card we called them up, they wouldn't budge down on the number, we advised the representative that we had elected arbitration and he said Well, I don't know anything about that, we're forwarding to the attys. Next a law firm left 3 messages on the home machine. We documented logged and saved the messages (in substance each message violated the FDCPA). We contacted the firm and advised that since we didn't know who they were that we wouldn't speak to them until they sent something in writing. They are required within 5 days to mail out a dunning letter which they did. Once we received that we faxed this firm our DV request, faxed them a copy of our initial election of Arbitration sent to their client weeks earlier, along with a copy of the green card. We then faxed them a DV request and renoticed them in our DV request the fact that we elected arbitration and that their firm was therefore precluded/waived outta court, fax confirmation saved. They called the next day and indicated they were unaware of the fax number that we'd used...LOL it was a fax number indicated on their firms website... and they provided us with another fax number. Then we immediatley faxed them triplicates of everything we'd already sent them. If they sue anyway, we have a counterclaim in arbitration. Lastly, I forwarded the messages they left with all documentation to a consumer atty and he's taken our case for FDCPA violations and will make them pay either voluntarily, or he'll sue them in federal court. It's a slam dunk case and they cannot countersue in Fed court for the Debt. By waiving them outta court presuit, it makes it more difficult for them to even try to initiate the arbitration case because the forums have been declining to take cases that they try to bring. They know if they drag you into court and then it gets pushed into contractual arbitration via court order that they can likely get their countersuit heard. But they act at their own peril by ignoring the contract which states they're waived outta court and it gives you in the very least a counterclaim for breach of contract...

Ever heard of paragraphs?

They are your friend!

Why don't you just contact discover and request a settlement plan. They will negotiate with you, trust me. Ask to speak with their supervisor. If all fails, then you should log onto discover.com online. As your account is past due, the site will give you a settlement offer. Click on the offer that will give you a break down of available option.

Discover is known as devil creditors. They will not budge less than 60% of the debt. In my case I negotiated with discover financial manager requesting that we settle at 50% of the debt.

I settle 30,000 debt with discover for $14,000. They will ask you to make a payment on the spot. You should have funds available if you wish to negotiate.

If you need more time, ask discover what the minimum payment is to prevent the account from sending to attorney. Lawyers are notorious who will not settle less than 70% of the debt. The worst case with attorney is fearless of a law suit. They will hit you with a law suit and try their best to garnish your wage.

Take my word, I've been hit with law suit by few creditors, ended settling the debt. Don't listen to anyone on the forum asking you not to pay .

You also can't find original creditor as they have proof of original contract. Junk debt buyer is easy. But why even let the case go that far.

You should settle it , its in your best interest to do so.

Good luck.

And no I don't work for discover or any of the creditors. My credit card debt was over $150,000.00 . All settle for total of $48,000.00

Got to pay tax on 102,000 . Oh well. Worth it. Feeling great. Except a pending law suit from b of a on deficiency judgment for real estate .

No settlement company, no doo doo organization, all settle by me. You can see that i have several month of experience with creditors . I know how they work now. I should open my own settlement company.

My mother has no mortgage, no assets and living off SS & a small pension. I've explained my Mom's situation to them a number of times and after a while brought up settlement. Everytime they have told me this account is not elig for settlemnt. A while back i logged on-line and found a 70% settlement offer through card member services, however, when I try to log in now it gives me a security violation... can't get to it. I haven't talked to them in about 4 weeks now. I'll talk to them this week...

Quote:

You should avoid logging onto cardmemberservice. What you should be doing is first contact discover demanding that you speak with a supervisor. Let them know your situation. Ask for 50% settlement program. If the offer is not offered, then simply let them know that they have nothing to gain from you.

This is not a legal advise. Social Security income are judgment proof. If you have no other asset, than rest assured that your safe.

Good luck.

Ben

Settlement of 70% is only offered through discover.com . Upon logging into the account, site will redirect your browser to settlement page where monthly or lump sump payment can be made.

Ben

DISCOVER plays games. DFS Financial Services, affiliated with Discover Bank is actually a debt collector. There should be a note at the bottom of the letter saying "This communication is from a debt collector." If it doesn't its a violation of the FDCPA.

I would call Discover at different times of day and try to find someone with whom you can build a rapport. They are not the easiest to deal with, but don't give up. Since your mom is a senior, she may qualify for free legal help in your state. Florida offers free legal assistance to all seniors. Legal aide also offers free or low cost legal aid to seniors.

One other thing, seniors are a protected class under state law. If they mess with your mom at all, you can sic the attorney general's office on 'em. There is a special provision under senior protection laws dealing with fraud, misrepresentation, and collections. Illinois laws have $50,000 in fines and penalties; Florida and Arizona I believe are between $10 - $15,000. Don't mess with seniors! :D

Sara Goodman

Sara...can you quote some state laws on that?? Why would seniors be a protected class more than anyone else? Their social security might be protected but I do believe your blowing steam out your ass again.

Benworld makes blanket statements that are wholly unsupported:

"You should avoid logging onto cardmemberservice."

Why?

"Settlement of 70% is only offered through discover.com."

How do you know this?

I just spoke with discover and the rep explained that this debt goes straight to court for judgement. They won't budge on any settlement!