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