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Please help on dealing with Discover Financial

Date: Fri, 05/12/2006 - 15:10

Submitted by anonymous
on Fri, 05/12/2006 - 15:10

Posts: 202330 Credits: [Donate]

Total Replies: 8


I had a debt from Discover Financial validated. The only thing that was sent to me was copies of statements for the past 5 years along with a letter asking for the balance to be remitted in full. Also, the balance that they are asking for is different than the full balance on the last statement. What should I do next? I am a student and can't afford to pay the entire balance of $7,986.40. Should I write to them and ask them to work out some sort of payment plan? I am very afraid that they will they take me to court over this matter? Any help is appreciate. Thank you.


Kelly

Dispute the item with Discover Financial. Also, request them to send you the payment history done on this account. The details can be picked from their system. Check the date when you last made a payment.

If you have not paid anything within the SOL period of your state, you can legally refuse to pay on this account. You will need to notify them in writing.

Your prime concern should be to get the accurate details of the account before making any commitment. Send your request in writing through certified mail with return receipt requested. You should get some proof of your correspondence done with them for records. I doubt if the matter will be taken to the court by the company, but you should have your basis covered.


lrhall41

Submitted by john on Fri, 05/12/2006 - 15:20

( Posts: 1231 | Credits: )


The debt was validated by Discover Financial. They are saying that its valid. It just seems so high because of the interest and late payments fees. So John, I should write to them and ask for payment history on this account? Should I request anything else? I know for sure the SQL hasn't been expired so they can sue me if they choose to. In your opinion, how likely are they to sue since I know that its expensive to sue. Thanks for the quick response.


lrhall41

Submitted by on Fri, 05/12/2006 - 15:35

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You have proof that the statements don't match with the total amount. This gives you the right to dispute it. Send your request to the company for verification.

I will also like to know when you last paid on this account. I will be able to re-confirm the SOL.

Chances of suing depend upon the creditors. They will review your past payment history and the total amount of debt before taking the actions. Moreover, there are court costs and attorney fees involved in it. So, they will like to give a chance and settle the matter outside the court.


lrhall41

Submitted by john on Fri, 05/12/2006 - 17:01

( Posts: 1231 | Credits: )


Is an outside collection agency holding your Discover account? I used to work for and agency that contracted with Discover, and the lady who handled most of the Discover accounts was alright. Just be careful though, the rest of that agency wasn't so alright. If you are working directly with Discover, good, try your best to keep it that way.


lrhall41

Submitted by Jedi Mistress Ari on Fri, 05/12/2006 - 18:46

( Posts: 2192 | Credits: )


An outside collecttion agency was holding my account. When I sent them a letter asking them to validate the debt, I got a response from Discover not the collection agency. I think that I last paid on the account in May 2005. I have drafted a letter to Discover requesting that they give me payment history on the account. Since the total amount don't match the statements, should I inquire about that in my letter as well? Is there anything else that I need to do at this point. I just feel really lost about this entire situation. The debt wasn't even originally mines but by an ex who ran up my credit cards. Thanks for the help.


lrhall41

Submitted by on Fri, 05/12/2006 - 20:06

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I can't help wondering why you keep saying that that debt was "validated", when all you saw was a few old statements. How does that prove that (1) you're the person who contracted the debt and (2) you're the person who actually obtained the goods/services/money for which they issued the statements. Where's the proof that they advised you of your rights under Regulation Z? What about a signed application form? Anything with your signature on it? Something saying you agreed to pay interest at a particular rate? Without that stuff, there's been no "validation".


lrhall41

Submitted by on Sat, 05/13/2006 - 08:26

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When a debt is validated, what do they need to send me?


lrhall41

Submitted by on Sat, 05/13/2006 - 10:16

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