Discover Card accuses me of Fraud and committing a crime

[AngelinaCatHub]

I've had my own dealings with Discover CSRs and I'm not surprised at all that one of them accused Martha of fraud. They were the first company that I stopped talking to because of the attitude of their CSRs.

Hope you can nail them to the wall Martha.

I did not have Discover Card, a Sears product, but I had a Sears Master Card. The ONLY contact that was made was on a Saturday, and they offered a settlement for 40% owed and stated a good report on my credit. I said I would have to talk to my lawyer. They said I only had today or tomorrow at the latest to sign papers. I told them to fax me the papers and they did. A one half inch pile of them. I figured they did this on a weekend knowing I could not get to my lawyer. When I told her about it she said not to deal outside of the bk or it will scrap the whole process. Of course NOW I know why. 'Hub

[Martha31]

Talking to several lawyers, it looks like they have definitely violated Florida Consumer Protection ACT which is almost identical to the Federal FDCPA. The one exception is Florida treats Original Collectors the same as Credit Agencies.
I will probably follow through with a complaint and win the statutory damages up to $1000 and attorney fees. However, it is a given Discover will counter sue and win a judgement and thier attorney fees.
Since I am collection proof, I may as well let them get thier judgement now as opposed to later with all the interst and fees tacked on. At least $1000 will be knocked off if I win.
Anyone's thoughts will be appreciated.

[DeadManCrawling]

FCPA actually has a little more teeth in it, if I recall right, than FDCPA anyway.

Seem to remember a similar case, where someone was threatened and walked with a big court award, in the hundreds of thousands. In that case, though, the opposing counsel lied and got CAUGHT in front of the judge. Swore they had some documents, then produced unsigned copies. THEN asked continuance and produced forgeries that were blatantly wrong. Misdated by three years, wrong spelling on last name, etc.

Yours may not be as big, but definitely worth pursuing, and who knows. Maybe they will screw up like that.

Good luck, in your case, and best,

-dmc

[Martha31]

Thank you so much for you support.