Exhibit 6.0
Letter to Merchants Bank demanding proof of the cancellation of all of the related computer-generated bookkeeping entries

_________(Begin Exhibit)_________

 

Margaret D. Edwards

c/o 739 Dalbey Drive

Las Vegas, New Mexico

Phone/Fax:  505-425-0659

January 6, 2003

By Certified Mail

Direct Merchants Bank

Attn:  Legal Department

c/o Kristin Mathis

P.O. Box 550680

Jacksonville, Florida 32255-4150

Dear Ms. Mathis:

            Please be so kind to inform your legal department that I am returning your credit card, number 5454 0040 4318 2227, and demanding proof of the cancellation of all of the 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 this refusal is made timely and for cause, pursuant to UCC 3-501 -- Refusal for Cause Without Dishonor; NMSA 1978, Sub. Sec. 55-3-501.

UCC 3-501(b) (3) states:

Without dishonoring the instrument, the party to whom presentment 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.

The reasons for my refusal are as follows:

Bank Fraud

            When I first contracted for my credit card, I mistakenly thought that Direct Merchants Bank would be loaning me money which it received from other depositors and/or investors.  Now I have found from reading “Modern Money Mechanics”, which is published by the Federal Reserve Bank of Chicago, that Direct Merchants Bank 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. 

In all of my transactions with Direct Merchants Bank, you have failed to notify me that your bank created money out of thin air.  Now that I have discovered this, I am prepared to proceed against Direct Merchants Bank for bank fraud.  Your transaction with me lacked two of the necessary elements of a contract.

            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  Ga 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 to 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)

            Direct Merchants Bank 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 Direct Merchants to me.  A lawful consideration must exist and be tendered to support the note.  See Anheuser Busch Brewing v Emma Mason, 44 Minn. 318, 46 NW 558 (1890).  In short, if there is no full disclosure and no consideration, there is no contract.

Peonage

            Direct Merchants Bank’s manner of transacting business has made me a debt slave.  This is in violation of the Thirteenth Amendment to the Constitution of 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; 49 L. Ed. 726 (1905), when it said:

            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 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.

            In addition, Direct Merchants Bank’s statement 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.  Direct Merchants Bank is able to create money in moments that will take me years of labor to pay off.  Direct Merchants Bank 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 can no longer consent to accepting Direct Merchants Banks’ demands upon me for money.  Your manner of conducting business is in direct violation of the laws of God, the laws of contracts, the Constitutions of the United States of America, and my Civil Rights.

Revocation of Signature

            By refusing Direct Merchants Bank’s statement in a timely manner according to UCC 3-501, I hereby revoke my signature on the original application as presented to Direct Merchants Bank.  The original application was fraudulent on its face, as it did not provide full disclosure.  The document did not say that Direct Merchants Bank was going to loan me “bank credit” which it created out of thin air.

            Had Direct Merchants Bank 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 principle of law that fraud has no statute of limitations and that its presence cancels every agreement.  I demand that you cancel our agreement and return to me every dollar of my labor, plus any interest that I have ever paid you.

Conspiracy

            How you and your fellow bankers have been allowed to cheat the American public 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, because of your interlocking activities and practices, all banks in this country are in the law to be related as one and the same bank because each bank in the system is obligated to accept the checks of other member banks as if they were issued by itself.  Direct Merchants Bank has been able to transfer my labor to its balance sheet by entering bookkeeping entries into its computer.

NOTICE

            UCC 3-503 allows you thirty (30) days from receipt of this Refusal For Cause Without Dishonor to state under oath the following:  That Direct Merchants Bank 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 we began doing business together until thirty (30) days from now.  UCC 1-103.

            If within thirty (30) days, you do not either answer to the above under oath 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 Direct Merchants Bank plus triple damages.

 

Guard yourselves accordingly.

 

Sincerely,

All Rights Reserved

 

Margaret D. Edwards

c/o 739 Dalbey Drive

Las Vegas, New Mexico [87701]

Without Prejudice    UCC 1-207    

Cc:  Catherine Sanchez, P.C., for Metris Companies