Prosay Posted March 24, 2011 Report Share Posted March 24, 2011 Google; DISCOVER CARD MASTER TRUST for an in depth reportHERE'S WHAT I FOUND...BUT IT IS UNCLEAR IF DISCOVER IS THE OWNER OF ACCOUNTS !(AS REPORTED TO THE SEC)DISCOVER CARD EXECUTION NOTE TRUSTTRUST AGREEMENTDated as of July 2, 2007betweenDISCOVER BANK,as Beneficiary andWILMINGTON TRUST COMPANY ,as Owner Trustee It may be possible to google and sub any card name and find similar reportsThe language is not easily interpreted by this "inquiring mind", however the report clearly indicates that WILMINGTON TRUST COMPANY is the "Owner Trustee"Having said this as reported as such with the SEC...WHO is the "ACTUAL OWNER WITH RIGHTS TO FILE SUIT" DISCOVER BANK or WILMINGTON TRUST" ? It is my understanding that a suit can be brought only by an owner in any situation.. ..THE REPORT IS QUITE LONG...AND I DIDN'T FULLY UNDERSTAND IT...maybe one of our astute members can review and interpret the report !I found this by Google " DISCOVER CARD MASTER TRUST AGREEMENT"IF THERE IS ANY LANGUAGE IN THIS REPORT INDICATING THAT OWNERSHIP IS RETURNED TO DISCOVER by WILMINGTON, WHEN AN ACCOUNT IS DEFAULTED...I didn't see it ...MAYBE ONE OF OUR MEMBERS WHO IS IN TUNE WITH THESE KIND OF REPORTS WILL INTERPRET ALL OF THIS..NO "SLAM DUNKING " PLEASE ! I SUBMIT THIS IN GOOD FAITH ! Link to comment Share on other sites More sharing options...
antiquedave Posted March 24, 2011 Report Share Posted March 24, 2011 gotta get the master agreement or assignment agreement same issue I'm having, they do not want anyone to have it, I suspect that even a court order in discovery would only cause them to drop the case against you.The only people who have a chance of getting the documents imho would be a State Attorney General, Department of Justice, Office of the Comptroller, or the SEC. Those are the ones that come to mind.You know I was thinking about trying a FOIA request to one or all of those, maybe thats the way to go, I don't think we can get 1000 people to send letters of complaint to the DOJ at one time but that would be my other suggestion. Link to comment Share on other sites More sharing options...
admin Posted March 24, 2011 Report Share Posted March 24, 2011 I assume that you're being sued and Discover is named as the Plaintiff, and you're trying to use as a defense that they are not the real Plaintiff. I would abandon this line of defense as it is really hard to get a judge to go down this rabbit hole. There are probably lots of other holes in their case that are easier to attack. Link to comment Share on other sites More sharing options...
BV80 Posted March 24, 2011 Report Share Posted March 24, 2011 I would abandon this line of defense as it is really hard to get a judge to go down this rabbit hole.I agree that it's probably very difficult to get a judge to give credence to the securitization argument. There are probably lots of other holes in their case that are easier to attack. Discover can be a tough cookie. If you can suggest some "holes", I'm sure it would be appreciated by many present and future Defendants. Link to comment Share on other sites More sharing options...
antiquedave Posted March 24, 2011 Report Share Posted March 24, 2011 I assume that you're being sued and Discover is named as the Plaintiff, and you're trying to use as a defense that they are not the real Plaintiff. I would abandon this line of defense as it is really hard to get a judge to go down this rabbit hole. There are probably lots of other holes in their case that are easier to attack.And yet I'm in that very rabbit hole Link to comment Share on other sites More sharing options...
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