SUBMITTED: Saturday, March 04, 2006
POSTED: Saturday, March 04, 2006
Oaky, you want something specific against FNBM, here it is. Be sure to read ALL of it before responding. Here is the first letter I sent.
March 9, 2005
First National Bank of Marin
P.O. Box 98873
Las Vegas, Nevada 89193
Dear Sir:
It has come to my attention that First National Bank of Marin and other banks in the Federal Reserve System have been party to fraudulent activities. I sincerely hope this is wrong. It would help me a great deal if you could answer some questions about this before I continue to make payments on or use my First National Bank of Marin credit cards. My account number is 4447-XXXX-XXXX-XXXX.
1. Whose account did you withdraw money from in order to pay the vendors when I made charges to My account?
2. Was the money created by my signing the voucher when I made the purchase?
3. Is it First National Bank of Marin's policy to create checkbook money in amounts equal to the charges made by First National Bank of Marin's customers?
4. Does First National Bank of Marin have on file a contract signed by Me with a bonafide signature?
5. Will First National Bank of Marin provide a copy of the journal entry that is made when I make a charge?
Please answer these questions within thirty (30) days so that I am not late in making my payment. If I do not hear from you, I will assume that what I have heard is true and will, therefore, rescind my contract with First National Bank of Marin, as I do not wish to be party to any sort of fraud.
Thank you in advance for your cooperation. I look forward to hearing from you so that I may put my concerns to rest.
Sincerely,
I RECEIVED NO RESPONSE FROM THIS LETTER, SO I SENT OUT THE NEXT ONE:
April 19, 2005
First National Bank of Marin
P.O. Box 98873
Las Vegas, NV 89193
Dear Sir or Madam:
On March 9, 2005, I sent a letter (copy enclosed and attached and made part of this correspondence) asking for information concerning how FIRST NATIONAL BANK OF MARIN operates and how charges and the like are handled with its system. My questions remain unanswered, but I have done considerable research concerning these matters. FIRST NATIONAL BANK OF MARIN has refused to answer my questions, so I have taken this to mean that it is doing as some other banks are: loaning or creating credit on its books. I am withholding payment based upon my letter of March 9, 2005. If you can prove to me that your bank actually gave me or the vendors involved something other than an electronic deposit to the vendors' accounts (checkbook money), then I will willingly pay the balance due on account 4447-XXXXXXXXX.
In addition to my original questions, I would also like you to provide the following information:
1. A copy of the bank charter, and
2. The names of all the members of the Board of Directors.
I am in possession of a booklet published by the Federal Reserve Bank of Chicago called Modern Money Mechanics. The booklet describes who creates money. The court decision in First National Bank of Montgomery vs Jerome Daly (1968) prohibits banks from creating money and credit on their own books by means of booking entries. It appears this is what you are doing, and it is fraud. I refuse to be party to any fraud.
Please respond within ten (10) days from receipt of this notice and supply me with all of the information that I have requested. Unless I hear from you to the contrary, I will consider my accounts with you closed and this matter settled. Please be sure to sign any and all correspondence under penalty of perjury and send it only to the address exactly as it appears below.
Thank you in advance for your cooperation.
Sincerely,
NAME AND ADDRESS
Bakersfield, CA 93306
Without prejudice, without dishonor and without recourse to Me. U.C.C. 1-207
THE RESPONSE I GOT FROM THIS WAS A COPY OF MY SIGNATURE ON A POST CARD AND NO OTHER INFORMATION. SHORTLY AFTER THAT, I RECEIVED A COPY OF A FEW RANDOM CREDIT CARD STATEMENTS. SO I SENT OUT THE FINAL LETTER, WHICH HAS RECEIVED ZERO RESPONSE. MEANWHILE, THEY ARE CONTINUING TO PLACE NEGATIVE INFORMATION ON MY CREDIT REPORTS AND EVEN PLACED A SECOND ACCOUNT CLAIM FOR A CREDIT CARD WITH LATE PAYMENTS THAT DOES NOT AND NEVER HAS BEEN MINE—THEY CLAIM I REPORTED IT LOST OR STOLEN, WHICH NEVER HAPPENED.
Monday, May 29, 2005
Attn: Legal Department
First National Bank of Marin
P.O. Box 98873
Las Vegas, Nevada 89193
RE: Account number 4447-XXXX-XXXX-XXXX
Dear Legal Department:
I am sending an affidavit of revocation of signature, returning your credit cards and demanding proof of the cancellation of all the related computer-generated book keeping 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 this refusal is made timely and for cause, without dishonor, and recourse to me, pursuant to ORS 71.3501 – Refusal for cause without dishonor.
ORS 71.3501(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.”
When I first contracted for a credit card, I mistakenly thought that First National Bank of Marin would be loaning me money which it received from other depositors and/or investors. Now I have discovered from reading “Modern Money Mechanics,” published by the Federal Reserve Bank of Chicago, that First National Bank of Marin created the money that 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.
I am 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, the court, after citing the statue quoted above, 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, the court stated:
“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.
First National Bank of Marin 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 from First National Bank of Marin to me. “A lawful consideration must exist and be tendered to support the note.” In short, if there is no full disclosure and no consideration, there is no contract.
I have written you two letters of explanation about this and given you ample time to reply. If you were not committing fraud, you would have immediately replied and said so. Your only response so far has been to constantly harass me by telephone at all hours of the day and night, and on weekends, asking for money. Therefore, I hereby revoke my signature on the original application as presented to First National Bank of Marin.
ORS 71.3501 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 First National Bank of Marin did not create money by loaning its credit and charging interest upon that loan, in violation of the law of contracts.
If you do not respond within thirty (30) days, a 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; ORS 71.3103.
If, within thirty (30) days, you do not either answer to the above under oath with penalty of perjury or 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 First National Bank of Marin plus triple damages.
Thank you,
SIGNATURE
Without prejudice and without recourse to me ORS 71.1207