Saturday, October 02, 2004

A load of John Gliha type garbage from some gooroo on the internet. Just imagine how many people have been ripped of by this kind of garbage they get from some of the message boards and websites. Absolutely unbelieveable! Nothing more than a debt elimination scam to rip people off most of whom cannot afford it in the first place.

Let me show you how I got into this trouble.:-) Maybe dumb mistake, but I was in a car accident ( not my fault) hospitalized for five weeks, three surgeries and had to learn to walk again. I was not going to be able to pay my credit cards. I was desperate. Someone offered to help me.
I was told all about how this was not a valid debt.
Here's how....
And I followed these letters exactly as instructed including my "Revocation of Signature for Good Cause"
Here is what I was told to do.....
DIRECTIONS: First, make a copy of this file and keep it in a folder where you can find it, unchanged. You will need to make a copy for each bank you intend to send the legal notices to. So, do a “Save As” and call the file the name of the bank, such as MBNA.doc. Then do another “Save As” for the next bank and so on. Print out the following page (page 2) and fill in the blanks as you find the information. When all blanks are filled out, open each document in Word (or other word processing program) and replace the lines with the information, like this:

[bank1] Chase Manhattan Bank
Mr. [CEO1firstlast] Michael Barrett

When all the lines have been replaced with names and addresses for each bank, then you are ready to do a “find and replace” for each element as follows: 1. Select and copy [bank1]. Be sure to get the brackets too. 2. Under edit select “replace” and a dialog box will pop up. 3. Paste [bank1] into the top blank. 4. Copy and paste the name of the first bank into the bottom blank. 5 Be sure that both blanks are filled in correctly, then click on “replace all.” All occurrences of [bank1] will be replaced with the name of the bank you have chosen for [bank1]. Repeat this for every element until all [elements] have been replaced with data. This way you do not have to worry about missing some occurrences of [elements] within the documents. Also, check the affidavit revoking signature for good cause: if you are a woman change the
“him and his” to her.

After all elements have been replaced, review the documents to be sure each page starts where it should. Be sure to set your margins (under File, under page setup) to .75 inches all around. After you have “cleaned up” your pages, print them out and proof them carefully. Be sure to actually read the docs before you send them.

Page 11 is an Affidavit, for a bank officer to sign, that may be sent with the Refusal for Cause (pages 8 through 10). It invites them to swear they lent (put at risk) bank money. Will they? In several years, no bank officer has ever done so.

[your name] _____________________
[your street] _____________________
[your city state zip] _____________________
[date1] _____________________ (today)
[date2] _____________________ (+10 days from date1)
[date3] _____________________ (+20 days from date1)
[date4] _____________________ (+30 days from date1)

[bank1] _____________________
Mr. [CEO1firstlast] _____________________
[CEO1last] _____________________
[bankstreet1] _____________________
[bankcitystatezip1] _____________________
[card1] _____________________
[date of cc signup] _______________ (day, month and year you signed card agreement, or
at least the month and year.)

[bank2] _____________________
Mr. [CEO2firstlast] _____________________
[CEO2last] _____________________
[bankstreet2] _____________________
[bankcitystatezip2] _____________________
[card2] _____________________

[bank3] _____________________
Mr. [CEO3firstlast] _____________________
[CEO3last] _____________________
[bankstreet3] _____________________
[bankcitystatezip3] _____________________
[card3] _____________________

[bank4] _____________________
Mr. [CEO4firstlast] _____________________
[CEO4last] _____________________
[bankstreet4] _____________________
[bankcitystatezip4] _____________________
[card4] _____________________

[bank5] _____________________
Mr. [CEO5firstlast] _____________________
[CEO5last] _____________________
[bankstreet5] _____________________
[bankcitystatezip5] _____________________
[card5] _____________________





[your name] Date:[date1]
[your street] Certified Mail# _______________________
[your city state zip] Third Party Affidavit of Mailing


[bank1]
Mr. [CEO1firstlast]
[bankstreet1]
[bankcitystatezip1]

Notice

Dear Mr. [CEO1last],

Through research, I have recently discovered that banks within the Federal Reserve System, which, of course, includes [bank1] , have been perpetrating a fraud upon the American People. I have questions, listed below, which I now formally request that you answer. When you reply, please do so with full disclosure. A mere denial of the above charge will be unacceptable. I have ceased using the My [bank1] credit card. My account number is [cardnumber1].

My questions are:
1. When I make a charge to My account, from whose account do you withdraw money in order to pay the vendor?
2. Will [bank1] provide a copy of the journal entry that is made when I make a purchase with My card?
3. When a purchase is made by Me, is money created by My signing the voucher?
4. Is it the policy of [bank1] to create checkbook money, in amounts equal to the charges made by its customers?
5. Does [bank1] have a contract on file, with My bona fide signature?

Your reply to the above questions should be sent within ten (10) days. Your failure to respond will be construed as an admission of guilt (silence is acquiescence), thereby confirming my suspicion that the fraud mentioned above, is real. Since I have no desire to be a party to fraud, I will immediately rescind My contract with [bank1].


Sincerely,













[your name] [your name] Date: [date2]
[your street] Certified Mail:
[your city state zip] Third Party Affidavit of Mailing


[bank1]
Mr. [CEO1firstlast]
[bankstreet1]
[bankcitystatezip1]

Second Notice

Dear Mr. [CEO1last]:

On [date1], a letter was sent to [bank1], copy enclosed, attached and made a part of this correspondence, requesting information regarding the procedure used by [bank1] to process credit card charges within its system. To date My questions remain unanswered.

The refusal of [bank1] to respond to My questions leaves Me no alternative but to understand that [bank1] is doing the same as other banks, namely, loaning or creating credit on its books.

Therefore, after much research concerning these matters, I am withholding payment based upon My letter referenced above.

If you can provide Me with clear and indisputable evidence that [bank1] actually gave Me, or the vendor involved, something other than an electronic entry on its books in order to create an electronic deposit to the vendor's accounts, using My charge as a deposit, then I will be pleased to pay the balance due.

Also, in addition to My original questions, I must now request that you provide Me with the following information:
1. A copy of the bank charter of [bank1]; and,
2. The names of all members of the Board of Directors of [bank1].

I am in possession of a booklet published by the Federal Reserve Bank of Chicago, titled Modern Money Mechanics. The subtitle of this publication is: A Workbook on Bank Reserves and Deposit Expansion. The booklet discloses who creates money, and how.

In the 1968 Minnesota case of First National Bank of Montgomery v Jerome Daly, a case which, it appears, did not go to appeal or the supreme court, the court's decision prohibits banks from creating money and credit upon their own books by means of booking entries.

It is My belief, that is what you are doing and that is fraud. I will not be a party to fraud!

Please respond within ten (10) days of your receipt of this notice and furnish Me with all information I have requested. Absent your response to the contrary, I will consider My accounts with [bank1] closed and this matter settled.

In closing I remind you that any and all correspondence must be signed by hand in ink, under penalty of perjury, and mailed only to the address as it appears above, exactly. We both agree that a mere denial by you or your staff will be a frivolous reply, and equivalent to an admission of my charges.

Sincerely, without prejudice, without dishonor and without recourse to Me,

Affidavit of Revocation of Signature for Good Cause

Comes now Affiant, having full first-hand knowledge of the facts stated herein and, making this Affidavit of His own free Will, does affirm that the facts stated herein are true, correct, certain, and complete to the best of His knowledge. Affiant further states:

1. THAT, Affiant affixed His signature to documents on or about [date of cc signup], without knowledge that a fraud was being perpetrated upon Him.
2. THAT, Affiant was actually misled and coerced into signing the aforementioned documents, without knowledge of the fraud that was being perpetrated upon Him.
3. THAT, Affiant, aware of the fact that fraud vitiates all contracts, agreements and documents, believes the contract with [bank1] is void and nonexistent.
4. THAT, Affiant revokes all signatures for good cause, and "Without Recourse to Me" pursuant to UCC 3-501.
5. THAT, Affiant has, by this Affidavit, formally and timely removed the aforementioned signature(s) for all time and thereby removes any nexus, actual or presumed, that ([bank1] may believe it has with Affiant by virtue of said signature(s) and or contract(s).

If any man or woman desires to answer this affidavit, please answer in the manner of this affidavit, with notarized affidavit, using your Christian or family name for signature, and mail to the below named notary, address provided, within ten (10) days or default will be obtained.

/S/__________________
___________________
(Print Name)

SUBSCRIBED AND AFFIRMED: On this _____ day of ____________________, 2003 before me, personally appeared [your name], personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person executed the instrument.
Witness my hand and official seal.

_________________________________
SIGNATURE OF NOTARY
name_______________________________________

street:_______________________________________

city, state, zip: ________________________________

[your name] Date: [date3]
[your street] Certified Mail: _______________________
[your city state zip] Third Party Affidavit of Mailing


[bank1]
[CEO1firstlast]
[bankstreet1]
[bankcitystatezip1]

.
Final Notice

Dear Mr. [CEO1last]:

Your presentment is being returned. Having received no response to the attached Notice and Second Notice dated [date2], I have concluded that [bank1] is operating fraudulently, has loaned Me nothing, other than a liability, and this matter has been settled.

Until such time as you can prove to Me that your bank advanced Me a bank asset, I am under no obligation to you whatsoever. I know your bank's records show it owes Me an asset, because what [bank1] loaned Me was created by My note to them. If [bank1] wants payment in like funds I will gladly send you a promissory note, which is all [bank1] ever gave Me. [bank1] has not fulfilled its contract with Me and unless [bank1] responds to the notices above referred I must consider this matter closed on your part also.

Therefore, any further contact from you will be considered harassment. It will be dealt with accordingly.

Should you find it necessary to contact Me, please do so only at the address above, and exactly as it appears. All other correspondence will be refused for good cause. Telephone calls will not be accepted.

Additionally, all further correspondence MUST display the bona fide handwritten signature of a real person, accepting full liability for their actions and signed in ink under penalty of perjury.

Sincerely, without prejudice, without dishonor and without recourse to Me,




[your name] Date: [date4]
[your street] Certified Mail# ______________________
[your city state zip] Third Party Affidavit of Mailing


Attention: Legal Department
[bank1]
[bankstreet1]
[bankcitystatezip1]

Refusal for Cause

Dear Legal Department:

I am returning your credit card number [cardnumber1] and demanding proof of the cancellation of all related computer generated bookkeeping entries. Failure on your part to cancel your computer records, or any action by you or your agents to collect on this account, will result in immediate reprisal.

This action is being taken and refusal is made timely and for cause, without dishonor, and without recourse to Me, pursuant to UCC 3-501(b)(3) –Refusal for cause without dishonor UCC 3-501.

UCC 3-501(b)(3) states:
“Without dishonoring the instrument, the party to whom presentments is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.”
Following are My reasons for refusal:
I Bank Fraud

When I first contracted for the credit card, I mistakenly thought that [bank1] would be loaning Me money, which it received from other depositors and/or investors. Now, from My reading of “Modern Money Mechanics” (published by the Federal Reserve Bank of Chicago), I have learned that [bank1] created the money I borrowed by using My promise to pay to generate computer entries on My account. In effect, your bank created money out of thin air.
In all My transactions with [bank1], you have failed to notify Me that your bank created this money out of thin air. Having discovered this I am now prepared to proceed against [bank1] for bank fraud, since your transaction with Me lacked two of the necessary elements of a contract.
I am also aware that the United States Code, Title 12, Section 24, Paragraph 7, confers upon a bank, the power to lend its money, not its credit! In First National Bank of Tallapoosa v Monroe, 135 Geo. 614; 69 S.E. 1123 (1911), the court, after citing the statute heretofore quoted, said:

“[T]he provisions referred to, do not give power to a national bank to guarantee the payment of the obligations of others solely for their benefit, nor is such power incidental of the business of banking. A bank can lend its money, but not its credit.”
In Howard & Foster Co. v Citizens National Bank of Union, 133 S.C. 202; 130 SE 758, (1927) it was said:
“It has been settled beyond controversy that a national bank, under federal law, being limited in its power and capacity, cannot lend its credit by guaranteeing the debt of another. All such contracts being entered into by its officers are ultra vires and not binding upon the corporation.” See also Merchants Bank of Valdosta v Baird, 160 F 642; 17 Lns 526 (1876).
[bank1] did not tell Me that it was creating money out of thin air, called “bank credit,” because to do so would have disclosed that there was no consideration to Me from ([bank1]. See Anheuser Busch Brewing Co. v Emma Mason, 44 Minn. 318, 46 NW 558 (1890):
“A lawful consideration must exist and be tendered to support the note.” (emphasis mine)
In short, if there is no full disclosure and no consideration, there is no contract.
II Peonage
[bank1] ’s manner of transacting business has made Me a debt slave. This is in violation of the Thirteenth Amendment to the Constitution for the united States of America, which expressly forbids involuntary servitude, also called peonage. In Clyatt v U.S., 197 U.S. 207, 215-216; 25 S. Ct. 429 L. Ed. 726 (1905) it states:
“Peonage is sometimes classified as voluntary or involuntary, but this implies simply a difference in the mode of origin, but none of the character of the servitude. The one exists where the debtor voluntarily contracts to enter the service of his creditor. The other is forced upon the debtor by some provision of law.”
Additionally, [bank1]’s method of creating money out of thin air and charging interest upon the transaction is a violation of the Biblical Law of “just weights and measures.” [bank1] is able to create money in amounts that will take me years of labor to pay. [bank1] has made Me a slave, by debt, controlling My time by loaning Me “bank credit” in place of money.
Let the record reflect that I no longer consent to accepting [bank1]’s demands upon Me for My funds. Your manner of conducting business is in direct violation of the Laws of God, the laws of contracts, the Constitution for the united States of America, and My substantive rights.
Revocation of Signature By refusing [bank1]’s statement in a timely manner according to UCC 3-501, I hereby revoke My signature on the original application as presented to [bank1] . The original application was fraudulent upon its face, as it did not provide full disclosure. The document did not say that [bank1] was going to loan Me “bank credit” which it created out of thin air.
Had [bank1] disclosed to Me that I was borrowing “bank credit,” I would have known that the element of consideration was missing from the contract.
It is a well established principal of law that fraud has no statute of limitations, and that its presence vitiates (cancels) all agreements, contracts and documents. I demand that you cancel our agreement and return to Me every dollar of My labor plus any interest I have ever paid to you.
Conspiracy

How you, and your fellow bankers, have been allowed to cheat the American People for so long, can only be explained by the knowledge that the Federal Reserve Banks are privately owned and operated for profit. For all practical purposes, due to your interlocking activities and practices, all banks in this country are, in the law, to be treated as one and the same bank. This, due to the fact that each bank in the system is obligated to accept the checks of other member banks as if they were issued by itself. [bank1] has been able to transfer My labor to its balance sheet simply by entering bookkeeping entries into its computer.
NOTICE
UCC 3-501 allows you thirty (30) days from receipt of this Refusal for Cause, without dishonor, and without recourse to Me, to state under oath the following: That [bank1] did not create money by loaning its credit and charging interest upon that loan, in violation of the law of contracts. I have enclosed an Affidavit for an officer of [bank1], who has first-hand knowledge of my account and bank operations, to sign under penalty of perjury.
If you do not respond within thirty (30) days, a Fault and Default will be created through material misrepresentation, which will vitiate anything that occurred from the time that we began doing business together until thirty (30) days from now. UCC 1-310.
If, within thirty (30) days, you neither answer to the above under oath nor provide Me with proof of the cancellation of this computer generated debt, the return of My application, and the return of all monies that I have paid to you since the beginning of our business relationship, then I will seek damages for fraud. The Uniform Commercial Code allows Me to seek the return of all monies paid to [bank1] plus triple damages.
Guard yourselves accordingly.
Sincerely, without prejudice, without dishonor and without recourse to Me, UCC 1-207

Affidavit (for Bank Officer to respond)

Comes now Affiant, having been duly sworn, having full knowledge of the facts stated herein and, making this Affidavit of his/her own free Will, does depose and certify under penalty of perjury that the facts stated herein are true, correct, certain, and complete to the best of his/her knowledge. Affiant further states:

As an officer of [bank name], I have first hand knowledge of [bank name]’s banking operations and am familiar with account number ____________________________,
[bank name] lends money to credit card holders by putting said money at risk, and does so only from its own accounts or that of other depositors. Therefore, all cash advances to card holders or payments to merchants, for cardholder transactions, are made with money that existed prior to the loan.
[bank name] does not deposit promissory notes, applications or credit slips listing them as assets on its books, thereby “creating money” to “lend” (as described in the 1994 Federal Reserve publication Modern Money Mechanics).
$_________ is the balance outstanding and due of money that was the property of [bank name] or its other depositors, prior to being loaned to [YOUR NAME] through the aforementioned account number.

_________________________________
Affiant
_________________________________
(Print Name)
Date:_____________________________

SUBSCRIBED AND AFFIRMED: On this _____ day of ____________________, 2003 before me, personally appeared ___________________________ , personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person executed the instrument.
Witness my hand and official seal.

_________________________________
SIGNATURE OF NOTARY
name_______________________________________

street:_______________________________________

city, state, zip: ________________________________




THIRD PARTY AFFIDAVIT OF MAILING

I _________________________, certify that I am, and at all times during the service of process was, not less than 18 years of age and not a party to the matter concerning which service of process was made. I further certify that the service of __________________________________________________ was made on ____________ (date) by:

_X Mail service: by first class United States mail, postage fully prepaid addressed to:

[bank1]
Mr. [CEO1firstlast]
[bankstreet1]
[bankcitystatezip1]



__ Personal Service: By leaving the process with defendant or



__ Residence Service: By leaving the process with the following



__ Publication: The defendant was served as follows: [Describe]



__ State Law: The defendant was served pursuant to the laws of the
State of_________________ as follows [Decribe briefly]


Under penalty of perjury, I declare that the foregoing is true and correct.


_________________________________ _______________________________
Date Signature

Name ___________________________________

Street__________________________________

City________________ State_____ Zip_____