Unsecured Debt
Unsecured Debt
Unsecured Debt
Non-negotiable
John Henry Remedy
In care of:
Post Office Box 9999
Near: Los Angeles, [91XXX]
California Republic
This Notice of Final Payment and Concurrent Billing Dispute Error Via Private Administrative Remedy No. JHR-101004-MBNA
is binding upon every principal and agent re the subject matter set forth herein below.
Account # 1234-1234-1234-1234
Final Payment
1. Thank you for accepting my final payment of twenty-five dollars ($25.00) as consideration for this novation. Unless
MBNA AMERICA hereinafter “DEBT COLLECTOR” provides John Henry Remedy, security party and principal
entitlement holder, a valid defense i.e. written dispute rejecting the above final payment within ten (10) days, The
Undersigned shall accept your tacit agreement all of the below described facts/terms for accepting this final payment.
This Billing Error Dispute Notice establishes prima facie evidence as to the assertions made herein, and is taken pursuant to
the Truth in Lending Act & Fair Credit Billing Act, 15 USC Sec. 1666 et seq. and Public Law 93-495 – October 28, 1974, and 12
CFR 226.13, et seq.
Important Notice
THIS IS NOT A REQUEST FOR COPIES OF MONTHY STATEMENTS OR A COPY OF A SIGNED PROMISSORY NOTE. THIS IS A
REQUEST THAT YOU MAKE APPROPRITE CORRECTION TO THIS ACCOUNT, OR IN THE ALTERNATIVE, THAT YOU PROVIDE A
COMPLETE WRITTEN EXPLANATION IN THE NATURE OF A REPORT AS TO WHY YOU BELIEVE THAT THE STATED BILLING
ERROR IS INCORRECT (INCLUDING PRODUCTION OF DOCUMENTED “EVIDENCE” COMMENSURATE WITH THIS DISUPUTE).
Affidavit
2. The Undersigned Affiant, John Henry Remedy hereinafter “Affiant”, having attained the age of majority, competent to
testify, does hereby solemnly state that the truths and facts herein are of my own firsthand personal knowledge, and are
true, correct, and complete, certain and not misleading, so help me God.
Introductory Certification
3. Affiant is of lawful age and competent to testify and has firsthand personal knowledge of the facts stated herein.
4. Be it known by this written communication that Affiant is in receipt of DEBT COLLECTOR’S above-referenced billing
statement dated October 5, 2003, hereinafter “Written Communication,” attached herewith, made fully part of, and
included herein by reference.
5. Affiant, in addition to the above referenced notice of final payment is writing concerning a billing error on Affiants Account.
6. DEBT COLLECTOR’S monthly statements are inaccurate for they should reflect a bank liability (money owed to Affiant),
and not a debt.
7. Affiant is hereby requesting that the error be corrected, and that any finance and other charges related to the disputed
amount be credited to properly reflect the transactions that occurred irrespective of your acceptance of Affiant’s novation
i.e. notice of final payment “Accord and Satisfaction”.
8. This Billing Error is limited to DEBT COLLECTOR’S failure to credit Affiant’s account for credits received, as explained
herein, and is not to be construed as alleging anything else.
"Of course, they (the banks) do not really pay out loans from the money they receive as deposits. If they did this, no
additional money would be created. What they do when they make loans is to accept promissory notes in exchange
for credits to the borrower's transaction accounts."
10. Account Ledger:
DEBT COLLECTOR accepted Affiant’s signed promise to pay, receipts, notes or other similar instruments as bank
money, creating and issuing new credits to Affiants account that resulted in a bank liability (money owed to Affiant).
11. Payments to merchants and other financial institutions:
DEBT COLLECTOR used Affiant’s new credits to pay merchants or other financial institutions for charges to the
account.
12. Monthly Statements:
DEBT COLLECTOR failed to enter the new credits on Affiant’s monthly statements.
13. Additional Payments:
DEBT COLLECTOR received additional payments, interest and other finance fees, which should have been posted as
additional credits to the account, resulting in a bank liability.
The error was not apparent in the monthly statements or otherwise disclosed to Affiant, thus no notice was given.
However, the statements are a reflection of an underlying in-house error and thus subject to correction.
14. 12 CFR 225. 13(a):
[X] The Billing Error stated herein represents: “(4) A reflection on a periodic statement of the DEBT COLLECTOR'S
failure to credit properly a payment or other credit issued to the consumer's account; (5) A reflection on a periodic
statement of a computational or similar error of an accounting nature that is made by the DEBT COLLECTOR; (6) A
reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification,
including documentation evidence.”
15. POSTING DATE(S):
18. An acknowledgment of the dispute within ten (10) days. 15 USC Sec. 1666(a)(3)(A);
19. If the error is not corrected, a written explanation report following a reasonable investigation, including the production of
documentation evidence, within ninety (90) days. 15 USC Sec. 1666(a)(3)(B)(ii); and
20. No restrictions or adverse actions on the account, pending resolution. 15 USC Sec. 1666(d).
Fair Credit Billing Act Violations: Failure to follow the rules pending resolution:
21. Relinquishment of the right to collect any alleged debt on the account. 12 CFR 226.13(d)(1);
22. Exposure to liability for actual damages plus twice the amount of the finance charges. 15 USC Sec. 1640(a)(1)&(2); and;
23. Potential criminal liability for willful and knowing violation of the FCBA and other Truth in Lending provisions. 15 USC
Sec. 1611(1)&(3).
Conditions for Withdrawal of Dispute:
24. Affiant hereby states that this Billing Error Dispute shall be withdrawn if DEBT COLLECTOR verifies the following
statements under oath:
a. That DEBT COLLECTOR does NOT follow Generally Accepted Accounting Principles hereinafter “GAAP”, or
the Federal Reserve Bank’s policies and procedures;
b. That DEBT COLLECTOR did not create any new credits from Affiant’s signed promise to pay, receipts, notes
or other similar instruments, and use said new credit to pay for the charges to the account in question;
c. That DEBT COLLECTOR used their own assets or other depositor’s money to fund the charges on the
account;
d. That Affiant is not entitled to have the account credited for any form of payment that they accept as money
and/or assets under GAAP, or otherwise; and
e. That the foregoing was disclosed to Affiant on a specific date in a document that is attached and incorporated
into the affidavit or oath.
25. Failure to verify the above five (5) statements under oath shall constitute additional proof that the stated Billing Error is
correct.
25. Affiant hereby gives DEBT COLLECTOR notice that this written communication constitutes express written notification
that Affiant with full knowledge of the facts stated herein, reserves and maintains all rights herein prescribed by Law, and
with full and complete disclosure hereby declares as fact:
(a) The above-referenced debt is subject to UCC § 3-311 Accord and Satisfaction by Use of Instrument, House Joint
Resolution 192 of June 5, 1933, Public Law 73-10 and Public Policy where it states in part: “Every obligation,
heretofore or hereafter incurred, whether or not any such provision is contained in or made with respect thereto,
shall be discharged upon payment, in any coin or currency which at the time of payment, is legal tender for public
and private debts..” This is further codified at Uniform Commercial Code, hereinafter “UCC,” §§ 3-310(b), 311,
3-603(b);
(b) Guaranty Trust Co. of New York v. Henwood, et al, 307 U.S. 247 (1939), and Chemical Bank & Trust Co. v.
Same, states in part: “Analysis of the terms of the Resolution (FN3) discloses, first, the Congress declared certain
types of contractual provisions against public policy in terms so broad as to include then existing contracts, as
well as those thereafter to be made. In addition, future use of such proscribed provisions was expressly
prohibited, whether actually contained in an obligation payable in money of the United States or separately 'made
with respect thereto.' This proscription embraced 'every provision' purporting to give an obligee a right to require
payment in (1) gold; (2) a particular kind of coin or currency of the United States; or (3) in an amount of United
States money measured by gold or a particular kind of United States coin or currency..”
“Having thus unmistakably stamped illegality upon both outstanding and future contract and provisions designed
to require payment by debtors in a frozen money value rather than in a dollar of legal tender current at date of
payment, Congress-apparently to obviate any possible misunderstanding as to the breadth of its objective-added,
with studied precision, a catchall second sentence sweeping ‘every obligation’, existing or future payable in
money of the United States,’ irrespective of ‘whether or not such provision is contained therein or made with
respect thereto.' The obligations hit at by Congress were those 'payable in money of the United States.' All such
obligations were declared dischargeable 'upon payment, dollar for dollar, in any coin or currency (of the United
States) which at the time of payment is legal tender for public and private debts.” This U.S. Supreme Court ruling
has not been over-turned, rescinded, suspended, repealed, or amended;
(c) The entire taxing and monetary systems are under the Uniform Commercial Code per The Federal Tax Lien Act
of 1966, also cited as the Uniform Federal Lien Registration Act;
(d) A check tendered in the amount of twenty-five ($25.00) dollars is attached hereto is tendered pursuant to UCC §
3-11.
26. Affiant, without waiver of any defense, and for the purpose of resolving this matter in good faith, hereby offers as security
a surety bond, attached hereto, as a remedy for DEBT COLLECTOR in the event DEBT COLLECTOR is damaged as a
result of Affiant’s undertaking and execution of Affiant’s Private, Administrative Remedy.
27. Tender of this surety bond is in good faith, in the event DEBT COLLECTOR complies with paragraph 23 of this document
“Conditions for Withdrawal of Dispute”.
28. The time for DEBT COLLECTOR to respond or rebut this Notice of Final Payment and Concurrent Billing Dispute Error
as stated above, is set at ten (10) days, not including day of service, and must be done in writing and any such
communication must be signed by a person under commercial liability under penalty of perjury. Any response from DEBT
COLLECTOR and likewise from DEBT COLLECTOR’S agent that is not performed under commercial liability under
________________________________________
John Henry Remedy™, Affiant, Affiant Authorized Representative and Attorney in Fact for JOHN HENRY REMEDY™
Enclosures:
Notice of Final Payment
Billing Dispute Error
Surety Bond
Notice of Intent to Create and Execute Remedy
Specific Power of Attorney
Declaration of Satisfied & Closed Account
MBNA AMERICA’s Written Communication
Jurat
State of California )
) ss.
County of Los Angeles )
Subscribed and sworn to at _____________________ before me this _____ day of ________________, A.D. _____.
Notary public______________________________
My Commission Expires ______________________
WITNESS my hand and official seal.
_______________________________________________
Signature of Notary Public
I, John Henry Remedy, hereinafter “The Undersigned” do hereby promise to pay “pledge” myself as surety as follows:
Whereas: The Undersigned had brought forth an administrative remedy entitled “Notice of Final Payment and Concurrent
Billing Dispute Error via Private, Administrative Remedy # and;
Whereas: The Undersigned has requested specific performance from MBNA AMERICA with respect to said administrative
remedy and;
Whereas The Undersigned shall create and execute the Undersigned remedy as described in said Administrative Remedy in
the event MBNA AMERICA fails to specifically perform, respond or answer to The Undersigned Administrative Remedy and;
Whereas: The Undersigned has not been able to locate any lawful money of account in circulation (Gold or Silver coin or
bullion) in this State, and;
Whereas: Public Policy as established with House Joint Resolution 192 of June 5, 1933 states in part:
That (a) Every provision contained in or made with respect to any obligation which purports to give the
obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount of
money of the United States measured thereby, is declared to be against public policy; and no such
provision shall be contained in or made with respect to any obligation hereafter incurred. Every
obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or
made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency
which at the time of payment is legal tender for public and private debts. Any such provision contained
in any law authorizing obligations to be issued by or under authority of the United States, is hereby
repealed;
Now therefore and in consideration thereof, the Undersigned does hereby promise to pay, i.e. undertakes to “bond”, JOHN
HENRY REMEDY’S action undertaken as a result of execution of the remedies described in the undersigned’s Administrative
Remedy in the following amount: $35,000.00 (Thirty Five Thousand or Entire Amount).
In the event that any person is damaged as a result of the Undersigned’s Private, Administrative, Remedy # JHR-101004-
MBNA and can demonstrate a bona fide claim of injury or loss, the Undersigned shall discharge all obligations dollar for dollar
by and through tender of payment pursuant to public policy.
Dated the ________________ day of the ______________ month in the Year of Our Lord Two Thousand Four
________________________________
John Henry Remedy
In care of:
Los Angeles
Near: Los Angeles [91XXX]
California Republic
MBNA AMERICA
MBNA AMERICA
[Signature affixed in accordance with UCC §§ 1-201(39), 3-401(b)(ii)]
On this day, ______________ 2004, before me, a Notary Public, personally appeared _______________________, personally
known to me or has provided requisite proof as the living soul whose name is subscribed to this instrument and acknowledged
that he executed the same.
Re:
REMEDY, JOHN HENRY
P.O. Box 9999
L.A. CA 91XXX, CA 91XXX
I, __________________________ being the duly authorized agent for MBNA AMERICA do hereby declare and state that
JOHN HENRY REMEDY has satisfied the obligation in respect of account number 1234-1234-1234-1234 in full. This
declaration shall serve as notice to any potential creditor or credit reporting agency that this account is closed.
Printed name:
___________________________________
Date:
___________________________________
In the event that DEBT COLLECTOR should ‘dishonor’ through non-response this Notice of Final Payment and Concurrent
Billing Dispute Error via Private, Administrative Remedy by Tacit Procuration, all issues are deemed settled Stare Decisis
DEBT COLLECTOR may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent
process, whether administrative or judicial.
Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy is dishonored. DEBT
COLLECTOR further agrees to waive all rights to a trial before a judge or jury, to observe this agreement and the arbitration
Code of Procedure, and to abide by and perform any award rendered by the Arbitrator(s) or a judgment entered by a court
having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall
not be effective and the remainder of the agreement shall remain effective. This agreement shall be governed by and
interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
John Henry Remedy grants DEBT COLLECTOR ten (10) days, exclusive of the day of receipt to respond to the statements,
claims, and demand above. Failure to respond will constitute as an operation of Law, the admission of DEBT COLLECTOR by
tacit procuration to the statement, claims and demands shall be deemed Res Judicata, Stare Decisis.
Responses must be sworn true, correct complete, and not misleading, the truth, the whole truth, and nothing but the truth, and
signed by a qualified authorized representative of DEBT COLLECTOR. Failure to respond shall constitute an Estoppel by
Acquiescence and Judgment by Estoppel.
It is mandatory that if DEBT COLLECTOR responds to the foregoing it must be by delivering any response to John Henry
Remedy via ‘Third Party Witness’ addressing John Henry Remedy exactly as shown below:
If you have any further questions, please contact me in writing, via Third Party Witness, to ensure you have no
misunderstanding in this matter and all ledgering is handled appropriately,
Thank you very much. I do look forward to your prompt response. Until then it is my pleasure to be…
______________________________________
John Henry Remedy™
I, Frank Friendly, a third party, having no interest in the contents, or the proceeding represented thereby, of the envelop in
which the herein PROOF OF WITNESS OF CONTENTS AND PROOF OF SERVICE is enclosed do hereby certify by my hand
and signature below that I have deposited the following documents contained within the same envelope containing the
PROOF OF WITNESS OF CONTENTS AND PROOF OF SERVICE and Mailing documents by United States Mail
• ‘Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy thirteen (13) pages in
length, with __________ attachment pages, including this proof of service.
The Proof of Service And Witness of Contents of Documents was deposited with the Untied States Postal Service prepaid, was
addressed upon and for and to the following designations:
I declare upon my own commercial liability under penalty of perjury under the laws of the united States of America that the
foregoing is true, correct, and complete.
Frank Friendly
Third Party Witness
In care of:
2323 Good Shepard Way
Los Angeles, [91XXX] California