Discover Card It Does Not Pay To DISCOVER, card,! Ripoff Kearns Utah

I believe the "Fair Debt Collection Practices Act" applies to third party collection agencies. Since Discover is the originating creditor, they can pretty much call as often as needed to get paid.

C.B.,

First, I need to let you know that the FDCPA omly applies to 3rd party debt collectors. It does not apply to Discover collecting on their own accounts.

Second, do you know how much it would cost to bring a class action suit against Discover? MILLIONS $$$$. And, do you know how much you would get IF you won? Maybe a few hundred bucks, if that. The lawyers make all of the money. And guess what, the costs of doing a class action suit are paid up front. By you.

Nobody can garnish your wages without first suing you, winning, and getting a judgement, then getting the garnishment order.

Your sister can fight the garnishment. If she files based on hardship, they may actually get nothing.

This is why you never speak with a debt collector on the phone. NEVER. It will never do anything positive for you. Get it in writing.

There's no law requiring creditors to "work with" customers who don't or can't pay. However many of the things they are reported to be doing may be illegal. Calling repeatedly without intending to converse is telephone harassment. Revealing a person's bad debts to anyone (other than their spouse) in an attempt to embarrass the debtor is illegal.

Debt settlement is in itself a scam. It invites creditors to sue you. The money your sister has been paying to the settlement company is most likely totally wasted. It would've been better for her to take an "informal bankruptcy" approach such as Steve did. The fundamental principle is to stop paying creditors and act like you have no money. Meanwhile, save as much cash as you can in a shoe box under your bed. If a creditor sues you (which is very unusual unless you've been making waves with them), take some money out of the shoe box and make a settlement with them before trial. That way you don't wind up with a judgement, wage garnishment, etc.

Discover is indeed very leniant when it comes assisting a customer due to a financial crisis. Discover has the disaster policy (i.e. katrina victims, california fire victims, etc) to where they can put your payments on hold for up to two months (no extra charge) and stop all finance charges and late fees from accruing within that alloted time while also noting the possibility of a future payment (noting, not make a promise to pay) not to mention the emergency LIR (credit line increase request) to help victims of natural disasters make necessary purchases to make life a little easier and this is done before the account is past due.

Then there is the courtesy removing of late fees and finance charges on the account as long as the customer in question has not been repeatedly late (which we look at the past six months) and can make the payment. This is done before the account is sent to internal collections.

Then, if the account does become 30 days past due, there is a program that you can be put on where they would figure an average of your monthly billing cost and have you pay that average every month for a year (which after a year, if you're still not back on your feet you need to call in and get put back on it for another year).

Also, there is always the possibility of making only your minimum payments if you cannot afford to pay the balance in full.

And not to mention that there is also a payment protection plan that Discover offers for the price of $0.89/$100 (balance) where your payment can be put on hold for up to six months due to hospitalization, involuntary unemployment and much more to have that activated.

These are only a few things that Discover Card does to help customers prevent these situations before hand so it doesn't mess up their credit as well as work with customers when they first begin to be past due so we can get them current again.

However, after so long, if a debt has remained on the account unpaid then Discover, as do many other companies, have the right to sell the debt to a third party agency. When that happens, the debt and any disputes must be handled with that company because it is no longer affiliated with Discover.

Well, if it's anything like my situation, and this is what credit cards do, then both discover card AND their collectors are calling. it's a nightmare! how is it legal? i told discover to stop calling, and that made other numbers pop up. quite a few! and when they don't get what they want after awhile, new phone numbers pop up ON TOP of old ones! the thing that makes me angry is that you can't call these numbers back! they also don't leave messages and when i do answer, sometimes they hang up! one day they kept doing that almost every few minutes for several hours. now THAT is definitely not ok! my financial situation has gotten to the point where i had to move back in with my parents, and now they are calling the house line on top of my cell phone! i don't know how they found out. i was recently sent a letter stating they would turn my account to an attorney. i called and my options were either set up a payment plan they know i can't do or have my account sent to an attorney. i just got money from christmas, so i sent money for the first month. i don't know if i will have enough for the next month. the amount i owe them, in total, is $1,500. it just doesn't seem fair. that's pennies for them and i was paying them when i had a job. why go to an attorney anyway? i have no income or assets! so what would they do? i understand i owe money, i just didn't see my financial future being so bad. i wish they had more understanding since the entire country is having such a hard time, but that's too much to ask for corporate america. all i wish i could ask for is time. i'm not a thief, they know it, and i wish i had more time. i mean, some things are more important right now than them getting their money. i gotta get back on my feet. this company is making it a lot harder! and yes, it is the worst treatment, by far, that i've been getting from other companies.

First, check out the collection agency or attorney's that Discovercard sends the account to.

In my research over the YEARS I have heard it all about the unscrupulous and unfair business practices. IMHO - NEVER deal with their third party bill collectors until you check them out thoroughly at www.buddhibbs.com or just google them with the words SCAM, FRAUD, or ILLEGAL PRACTICES. You get the idea.

In my personal issue, they sold a 1999 debt to a third party collection firm who illegally posed as an attorney's office for intimidation purposes. The debt did not belong to me and they had the wrong person. After years of letter writing to various agencies, and constant harassment (including physical assault and brandishing a firearm) that caused police involvement the company agreed to delete the trade line and finally admitted they couldn't figure out who the owner of the account was. They were looking for a woman with the same first name as me, but different last name who lived in the same apartment building I lived in.

Another thing to watch for is the illegal use of court documents to phish for personal information. If you ever get something that appears official and it is a subpeona for financial information, call the court house and verify that a judge signed it. I have heard horror stories from consumers who had their 401K's wiped out, default judgments where they were not served legally and more. Protect your personal information and pay what you can.

My saga is still going on because Discovercard backtracked and claimed they never sent that letter in 2006 and to add insult to injury - altered the date of last activity to keep this on the credit report even though it was never mine. It has haunted me and cost me thousands over the years because of this "bad mark". Not all creditors will accept that letter to give me a better rate.

I just filed myself in small claims court against them to get this resolved once and for all.

If you owe the money, pay what you can - even if it is only $5 a week. Get rid of these people as quick as you can. For those with an open account, close it ASAP and pay it off.

As far as these yahoo's calling, send them a letter in writing telling them that you will only deal with this issue in writing and that you do not want phone calls. If they call, they are in violation of the FDCPA. You can also under the law tell them not to write, but if you break all communication they are more likely to send it to one of these "enforcers" just to give you a whole heck of a lot of grief.

Every time they do contact you in writing, RESPOND IMMEDIATELY. Send them a letter telling them your situation and making a token payment. If you truly owe the money, it should be paid.

WHEN I READ ABOUT WHAT THE RIP OFF DISHONEST CREDIT CARDS ARE DOING,IT MAKES ME SICK AND DAMNED GLAD I NEVER HAD A CREDIT CARD. EVEN THOUGH I HAD A GOOD EDUCATION, I NEVER MANAGED TO GET THE KIND OF JOB THAT WOULD LAST LONG ENOUGH FOR ME TO BE ABLE TO PAY OFF THE DEBTS THAT MOST PEOPLE IN BETTER CIRCUMSTANCES TOOK FOREGRANTED.

IT IS TOO EASY TO GET IN OVER YOUR HEAD.

GET AN UNLISTED AND UNPUBLISHED PHONE NUMBER. MAKE SURE IT IS UNLISTED AND UNPUBLISHED AND THEN MAKE SURE NOBODY HAS IT BUT YOUR JOB AND ON MOST JOBS THEY DON'T GIVE OUT YOUR HOME PHONE NUMBER.YOU CAN GET ONE OF THOSE PHONES WITH A DIGITAL READOUT AND CALLER ID IF YOU CAN'T GET UNPUBLISHED AND UNLISTED.SCREEN YOUR CALLS AND JUST DON'T ANSWER. TELL YOUR FAMILY AND FRIENDS TO DO THE SAME. USE A CELL PHONE WITH PREPAID MINUTES FOR IMPORTANT CALLS WILL HELP YOU PRIORITIZE CALLS. PEACE AT LAST!

What all the credit card companies are doing amounts to nothing less than financial rape. And Discover Card is the worst of the lot. I agree that dealing with them is like dealing with the Mafia. If anyone ever does file a class action suit against Discover, please let me know. I would love to join in taking them down. Discover Card has made my life a living hell for the past 1 1/2 years. I own my own retail store and since the beginning of this recession I have been hanging on by my fingernails to keep from having to declare bankruptcy and lose everything I've worked for over the past 52 years. Discover Card would not accept a settlement offer I made them and sued me. I didn't have the money to hire a lawyer, so guess what, they won the lawsuit. They then proceeded to clean out my checking and savings accounts and didn't even leave me with enough money to buy food or pay my mortgage. Besides that, they took money that I had just received from my insurance company to repair hail damage to my house. I'm sure if the insurance company finds out their money went to Discover Card I'll probably be in trouble for insurance fraud. Discover also took more than $10,000 over what I actually owed them for lawyer fees and interest. I am absolutely devastated. This is wrong and needs to be stopped!

That HAS to happen first. And since no one made you do it, that can only mean YOU made the conscious decision to do it yourself. You certainly had no problem whipping the card out at random and using THEIR money.

I see Discover suing a LOT these days. Capital One and Sears, as well. The only thing I can recommend if one cannot afford an attorney is to research answering creditor complaints pro se (or pro per). Courts tend to be very lenient when it comes to the format of pro se/pro per answers. That doesn't mean they're lenient regarding judgments but at least there's no real reason to feel too uncertain about filing an answer. And for those who want to hire an attorney there's one fantastic benefit off the bat- creditors are directed to call them and not you. Phone should ring less.

I work for Discover Card so I happen to know that waht you are saying is not exactly true. No one at discover card is able to curse at a card holder when contacting them in reference to their account, calls are monitored and that would not happen. Yes you may be called several times, but that is only if you dont return the call that has been made to you and they only start calling once your account is past due which even in a financial crisis it is still your responsibility to pay your bill because unfortunately you ran the bill up. I understand your frustrations because of your situation but there is nothing illegal about collecting on a debt.

I just read all the recent comments since my last post.

I have to ask how Discover could win a suit? The business owner hanging by the thread (and my heart goes out to her) obviously did not think about her situation clearly. If she appeared in court, and provided financial records Discovercard (assuming the debt was legit) would be forced into a payment plan and all this money that was garnished would have been a mute point.

Secondly, as a business owner there were resources available through the Small Business Adminstration office for financial counseling to keep the business/personal finance affecting the business afloat. When served with papers to appear in court - if they couldn't appoint a lawyer or advocate to appear because it was a personal bill, they would have counseled her extensively and provided resources to get a payment plan to float her through the hard times.

As far as the employee stating these things don't happen. I don't buy it. I am currently in discovery with the company forcing them to disclose a signature card. in may case, they have the wrong person. The company ADMITTED they had the wrong person in writing, then backtracked refusing to correct the error on the credit report. On top of that, the company illegally reaged it.

Someone is screwed up in a big way. They lawyers are suing for the money, I am suing to repair the fraudulent trade line on my credit report. When I supplied proof of identity and a copy of the credit report in good faith, my personal information was disclosed to a maniac hired by Discovercard that took matters into his own hands to collect a debt I didn't even initiate. When the police get involved with a weapons charge attached and a physical assault not just in one township, but having been stalked and accosted in four townships across three counties - you think the bozos at Discovercard might get a clue.

Ultimately, we are trying to set precedence and prove Discovercard is responsible for the actions of the "independent contractor" because they disclosed personal information they were not entitled to disclose. The information received was for the purpose of proving they had the wrong person. Aside from this issue, Discovercard is in FCBA/FCRA/FDCPA violation for failure to correct the credit reports after providing evidence I did not open the account.

If Discover is attached to a company, such as Sears/K-Mart - I tend not to even shop there. Just the logo accepting the card in the store is enough to make me walk the other way because of the harrowing experiences over the past 10 years.

I know firsthand about the part you talk about that they will help you pay the debt by calling their hardship program.  I did do that in May 2009 and got put on Discover's hardship program, my payment was cut in half...yippee!!!  I was happy.  Was on the program for 6months and now I'm off it.  I was making the min payment since being off the program in Nov 2009 and my payment has gone up 20 bucks more a month.  At this rate, I won't be able to afford the payment anymore.  And 200 bucks goes to Cash Advance with an interest rate of 29.99.  I had a cash advance years ago, but that doesn't get paid off, it keeps accumulating. 

I called the Discover hardship program again to see if I can get back on the program (Feb 2010) and I was told that I have to be off the program for a year before they will put me back on it again.  So i have to wait until Nov 2010...I can't.  So the part of your comment, being an ex-employee, about helping you for a year and if you can't make it after that year, then you get another year is not true at all.  They allow you 6-12 months.  Don't know why I just got 6 months.  Maybe I thought things would be better by then.  But I do not remember a disclaimer about if you're on the program once, you  have to wait another year to be put back on it again. 

It's total BS...don't know why Discover can't be like B of A where I'm on their hardship permanently for the next 5yrs at a reduced payment to pay it off.  I have seen my balance drop 1,000 bucks in the last 10 months.  Can't say that for Discover...I've decided not to even pay them anything and have them call me...yeah, then they'll want to help me out.  The hell with them!!!