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Discover problem trying to negotiate.


DMGacs
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I have been fighting discover for almost 2+ years for fraudulent charges when my card was lost roughly 400+ dollars. They removed the charges issued me a new card and 3 months later transfered the fraudulent balance to my account without advising me or providing any proof of service. They said they found the charges accurate and refused to provide any proof of service or delivery confirmation for items or any service received. I simply stopped paying and now roughly two years later my debt went from $1100 to $6350.

I tried negotiating via phone and through the BBB. They simply stated the best they would do is $2800. I basically told them no and would pay no more then $1200 and they declined. Now my credit report shows.

$5380 with Bad debt & placed for collection & skip with charged off account. (2) of the agency's show as disputed one does not.

All in all they are reporting $5000 dollars in fees and interest and actually trying to collect $1600 in fees which I think is completely unfair.

Is there anything I can do? Really need help on this one.

My credit scores per the Experian True Plus site says

EXP 596 / EQ 600 / Trans 636

I currently am trying to refinance and have 10% APR on a 248,000.00 home loan which is killing me and I can't because of my poor credit score!

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Here is a sample letter I created from cutting and pasting items from sample letters foudn on this site. Please advise opinions & or comments or if I should take a different approach.

POSTAL NUMBER:

April 15, 2007

Account Number: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Dear Discover,

This letter concerns the money you state I owe you. For the past (3) three years I have received bills from you stating that I owe over an abundant amount of money for my discover bill. The majority of the amount is due to interest rates, late payments, over limit fees. This debt is not valid as I have never been provided with the accounts debt validation with proof of services or items received. Because of the lack of debt validation, I feel I owe you no more than $1000. It is obvious that there is a good faith dispute over this bill. As I have made many phone calls, contacted the Better Business Bureau and sent many letters.

As you are aware the statue of limitations is (4) years from the default date and has since released me of any legal obligations on this debt. However I still would like to make a good faith effort and settle this debt once and for all. I would like to send you a check for $1000. If agreed Discover shall contact the (3) major credit reporting agencies. To delete the negative entries as they were made during my continuous request's for debt validation. To this date I have not been provided any debt validation on behalf of Discover.

If you agree the check will be sent with a restrictive endorsement and if you cash that check it will constitute an accord and satisfaction. In other words, you will receive from me a check that states "cashing of this check constitutes payment in full." If you cash this check, that check will take care of what I owe you.

Please understand I am a good standing Discover card customer please note I have had a good standing account under account xxxxxxxxxxxxx since 2000. Please look, I want to resolve this issue once and for all. Please do the right thing, if you still elect to not resolve this situation please honor my request for debt validation pursuant to Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B). Thank you for your kind understanding and have a great day.

Sincerely,

xxxxxxxxxxxxx

Request for Debt Validation, Account xxxxxxxxxxxxxxxxxx

Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) your claim has been disputed and validation has never been received since my initial request in 2002. If you feel you have validated my debt and sent me notification validating such debt with proof of services rendered please forward this proof to me.

This was NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I had any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owed you is for as your statements continually charge for interest on disputed charges.

• Explain and show me how you calculated what you say I owed you and failed to pay;

• Provide me with copies of any papers that show I agreed to pay what you say I owed;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor/supplier with proof of services or goods delivered.

At this time I will also inform you that your offices have reported invalidated information to all of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws.

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