Unsecured Debt

Private Non-negotiableJohn Henry Remedy In care of: Post Office Box 9999 Near: Los Angeles, [91XXX] California Republic Notice of Final Payment and Concurrent Billing Dispute Error Via Private Administrative Remedy No. JHR-101004-MBNA 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. October 10, 2004 MBNA AMERICA P.O. Box 666 Banksterville, CA 91XXX Account # 1234-1234-1234-1234 Sent Via U.S.P.S. Priority Mail, Delivery Confirmation # _____________________ 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. Billing Error Dispute 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. Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 1 of 14 Plain Statement of Facts 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. Affiant, in addition to the above referenced notice of final payment is writing concerning a billing error on Affiants Account. DEBT COLLECTOR’S monthly statements are inaccurate for they should reflect a bank liability (money owed to Affiant), and not a debt. 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”. 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. Points & Authorities Federal Reserve Bank of Chicago’s publication - Modern Money Mechanics, Page 6: "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." 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). 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. Monthly Statements: DEBT COLLECTOR failed to enter the new credits on Affiant’s monthly statements. 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. 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.” POSTING DATE(S): [X] All dates listed on the statements. TRANSACTION DATE(S) 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 2 of 14 [X] All dates listed on the statements. This Billing Error Dispute Does Not Involve: • A complaint about alleged fraudulent and deceptive banking practices. • A complaint about alleged claims regarding perpetration of fraud. • A complaint about an unlawful extension of credit or creating credit instead of money. • A complaint about my legal obligation to pay back money owed. • A complaint about fraudulent creation of the account or an invalid agreement. • A complaint about whether I accepted the terms and conditions and benefited. 17. • A preconditioning of my obligation to repay the party that funded the capital for money loaned. ANY RESPONSES REGARDING THIS BILLING ERROR SHALL BE LIMITED TO THE ERROR(S) ASSERTED AND MAY NOT EXTEND TO MATTERS WHICH THIS DISPUTE DOES NOT INVOLVE. Fair Credit Billing Act Requirements: An acknowledgment of the dispute within ten (10) days. 15 USC Sec. 1666(a)(3)(A); 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 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. 22. 23. Relinquishment of the right to collect any alleged debt on the account. 12 CFR 226.13(d)(1); Exposure to liability for actual damages plus twice the amount of the finance charges. 15 USC Sec. 1640(a)(1)&(2); and; 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: 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. Failure to verify the above five (5) statements under oath shall constitute additional proof that the stated Billing Error is correct. 18. 19. 20. 24. 25. This Entire Agreement and Notice CONSTITUTES A NOTICE TO CEASE ALL Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 3 of 14 TELEPHONIC COMMUNICATION Notice to Agent is Notice to Principle Notice to Principle is Notice to Agent 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. Tender of Surety Bond 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. 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”. 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 Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 4 of 14 27. 28. penalty of perjury, and likewise an incomplete response, shall constitute a dishonor by way of non-response and DEBT COLLECTOR’S acceptance of Affiants instrument tendered as a “novation” (Accord and Satisfaction). 29. DEBT COLLECTOR tacitly consents and agrees to acknowledge Affiant’s full settlement of the debt by providing Affiant with a completed DECLARATION OF SATISFIED or CLOSED ACCOUNT in writing, attached herewith, within ten (10) days, not counting day of service. DEBT COLLECTOR tacitly consents and agrees, should DEBT COLLECTOR fail to fulfill DEBT COLLECTOR’S legal/fiduciary responsibility in the time prescribed in within the Billing Dispute Error that DEBT COLLECTOR thereby appoints Affiant as “Agent” for DEBT COLLECTOR with specific Power of Attorney to address all negligence and violations that may exist under state and federal law. Affiant shall exercise all rights and remedies through the Specific Power of Attorney document attached herewith. DEBT COLLECTOR tacitly consents and agrees that Affiant, as Agent under that certain Specific Power of Attorney, is authorized to cure any fault/default arising from this matter or matters related thereinafter. Specific Power of Attorney document is attached herewith. DEBT COLLECTOR tacitly consents and agrees that Affiant, as Agent under that certain Specific Power of Attorney, is authorized to amend, append, correct, or repair the credit files of Affiant with any and all credit reporting agencies, bureau’s, or organizations. Specific Power of Attorney document is attached herewith. DEBT COLLECTOR consents and agrees that DEBT COLLECTOR has a duty to prevent this matter from damaging Affiant in both the public and private record. DEBT COLLECTOR, in the event of a dishonor by way of non-response confesses judgment and Affiant reserves the right to: (a) Initiate a counterclaim against DEBT COLLECTOR; (b) File a claim against the bond of any responsible party, including DEBT COLLECTOR and all principals, agents, and assignees of DEBT COLLECTOR, whose acts/omissions result in tort damages against Affiant. 34. Due process of law is guaranteed for Affiant at DEBT COLLECTOR’S Office of Risk Management, and is codified at 18 USC §§ 1581, 242, 241, 4, at 15 USC § 1692, and elsewhere. 30. 31. 32. 33. Notice of Reservation of Right to Initiate a Counterclaim and File a Claim Against Official Bond of MBNA AMERICA 35. If DEBT COLLECTOR, such as by commission, omission, and otherwise: (a) Fails to respond or comply with Affiants Notice of Final Payment or Billing Dispute Error. Fails to give Affiant full and complete disclosure with accompanying legal cites re the rejection of Affiant’s Notice of Final Payment and or Billing Dispute Error by a person under commercial liability under penalty of perjury. (c) Makes any threat of action that cannot legally be taken, in violation of any applicable law, such as the law codified at UCC § 3-311. Affiant reserves the right to initiate a counterclaim/claim against the official bond of the DEBT COLLECTOR, as well as the bond of any principal, agent, assignee, and the like, of DEBT COLLECTOR, whose acts/omissions result in Affiant sustaining any tort injury. 36. DEBT COLLECTOR is also hereby given notice that: (a) DEBT COLLECTOR’S unsubstantiated demands for payment (in “a particular kind of coin or currency”) or in the alternative, further demands for payment after acceptance of Affiants instrument tendered as a novation or failure to acknowledge Affiants billing dispute error may be construed as a “scheme or artifice” “caused to be delivered by mail” and may constitute mail fraud under state and federal law (DEBT COLLECTOR may wish to consult competent legal counsel before sending Affiant additional written communication); (b) 37. DEBT COLLECTOR further consents and agrees that failure to produce a counter-affidavit addressing each issue or material fact on its own merits point for point, that; Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 5 of 14 (a) DEBT COLLECTOR and its offices have yielded to Estoppel, Waiver, Fraud, nemo debet bis vexari pro una et eadem Causa and DEBT COLLECTOR’S willful refusal may subject DEBT COLLECTOR to civil liability/criminal punishment; (b) DEBT COLLECTOR waives any and all claims against Affiant; (c) DEBT COLLECTOR agrees to compensate Affiant for all costs, fees and expenses incurred in defending against this and any and all damages re the above referenced account; and (d) DEBT COLLECTOR agrees to provide the books, records, ledgers, balance sheets, and the like, at Affiant’s request for purpose of 1verification of proper accounting re Affiant’s account per 15 USC § 1666. 38. DEBT COLLECTOR tacitly consents and agrees to bring forward a full assessment of all monies, credit, or lawful tender in DEBT COLLECTOR’S possession, or posted to its books, records, ledgers, balance sheets, and the like, that originated from Affiants wet-ink signature or signature fixed by DEBT COLLECTOR on behalf of Affiant on any application, document, or instrument. DEBT COLLECTOR tacitly consents and agrees to remunerate, to Affiant, all monies, credit, or lawful tender in DEBT COLLECTOR’S possession, or posted to its books, records, ledgers, balance sheets, and the like, originating from Affiants wet-ink signature or signature fixed by DEBT COLLECTOR on behalf of Affiant on any application, document, or instrument. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 whereby DEBT COLLECTOR loaned DEBT COLLECTOR’S own assets, other depositor’s funds, or DEBT COLLECTOR’S own credit to “fund’ the “loan” per the Fair Debt Collection Practices Act. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 whereby DEBT COLLECTOR is the originator of the “loan” and that DEBT COLLECTOR did not use Affiant’s good credit to create the funds for the “loan” per the Fair Debt Collection Practices Act. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 where DEBT COLLECTOR loaned substance or if Affiant provided the funds through Affiant’s wet-ink signature on the promissory note to “fund” the “loan” per the Fair Debt Collection Practices Act. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 to determine whether the “loan” was posted as an asset and/or liability on any of DEBT COLLECTOR’S books, records, ledgers, balance sheets, and the like per the Fair Debt Collection Practices Act. DEBT COLLECTOR tacitly consents and agrees that any administrative payments, overpayments, deposits, security deposits, and the like, made by Affiant shall not be construed as acceptance of a certain “kind” or “specie” of payment required for the proper settlement and/or discharge of the debt per House Joint Resolution 192 of June 5, 1933, Public Law 73-10, Public Policy, and Guaranty Trust Co. of New York v. Henwood, et al, 307 U.S. 24. DEBT COLLECTOR tacitly consents and agrees to refund any and all administrative payments, overpayments, deposits, security deposits, and the like, made to DEBT COLLECTOR prior to, or subsequent to, the submission of Affiant’s Instrument, immediately upon receipt of written request from Affiant. Any telephonic, electronic, facsimile communication received from DEBT COLLECTOR may be used to support the basis of a case/counterclaim against DEBT COLLECTOR, and likewise against DEBT COLLECTOR’S agents, and any information obtained in the course of addressing claims/counter-claims such as by DEBT COLLECTOR’S commissions, omissions, and the like, may be used for that purpose. DEBT COLLECTOR tacitly consents and agrees that DEBT COLLECTOR has a duty to prevent this matter from damaging Affiant in any way in both the public and private record, and DEBT COLLECTOR further consents and agrees to correct all derogatory reports made in both the public and private record that may have been issued by DEBT COLLECTOR. DEBT COLLECTOR further consents and agrees that DEBT COLLECTOR’S failure to provide the requisite verification1 is a breach of contract creating fraud through material misrepresentation which vitiates all forms, contracts, agreements, etc., expressed or implied, from the beginning per UCC1-103. Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 6 of 14 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. DEBT COLLECTOR confesses judgment and Affiant reserves the right under the equal protection of law to: (a) Initiate a counterclaim against DEBT COLLECTOR; (b) File a claim against the bond of any responsible party, including DEBT COLLECTOR and all principals, agents, and assignees of DEBT COLLECTOR, whose acts/omissions result in tort damages against Affiant. 50. DEBT COLLECTOR tacitly consents and agrees that DEBT COLLECTOR will provide Affiant, upon receipt of Affiant’s written request, any and all information re DEBT COLLECTOR’S bond which includes, but not limited to, DEBT COLLECTOR’S agent, surety company, bond numbers, effective dates, and terms of the bond. Due process of law is guaranteed both Affiant, and alleged debtor DEBT COLLECTOR’S Office of Risk Management, and is codified at 18 USC §§ 1581, 242, 241, 4, at 15 USC § 1692, and elsewhere. Verification 51. 52. The Undersigned Affiant, John Henry Remedy, does herewith swear, declare, and affirm that Affiant issues this Affidavit with sincere intent, that Affiant is competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiant’s best firsthand knowledge and understanding. ________________________________________ 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 County of Los Angeles ) ) ) ss. 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 Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 7 of 14 SURETY BOND # JHR-101004-MBNA 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-101004MBNA 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 Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 8 of 14 NOTICE OF INTENT TO CREATE AND EXECUTE REMEDY THIS NOTICE IS BINDING UPON EVERY PRINCIPAL AND AGENT RE THE SUBJECT MATTER SET FORTH HEREIN The documents following this Notice of Intent to Create and Execute Remedy shall be used by Affiant with impunity and without any certain recourse by DEBT COLLECTOR. Affiant reserves the right to act as “Agent” under that certain Specific Power Of Attorney for DEBT COLLECTOR should DEBT COLLECTOR fail to fulfill its fiduciary responsibility. Affiant, without waiver of any defense, and for the purpose of resolving this matter in good faith, herewith provides the: (a) Declaration of Satisfied & Closed Account form, presented for DEBT COLLECTOR to certify and upon which to apply DEBT COLLECTOR’S wet-ink signature and deliver to Experian, Trans Union, and or Equifax hereinafter “Credit Reporting Agencies” within the time period prescribed herein; (b) Specific Power Of Attorney document fully prepared for DEBT COLLECTOR to certify and upon which to apply DEBT COLLECTOR’S wet-ink signature, for DEBT COLLECTOR to authorize Affiant to act on DEBT COLLECTOR’S behalf to execute and perform the Declaration of Satisfied & Closed Account, in addition to any substitutions, and the like, as well as terminating any judgments, liens, etc., at all State, County, and Local offices, as the Affiant deems necessary. Should DEBT COLLECTOR decline to so appoint Affiant by applying DEBT COLLECTOR’S own wet-ink signature to the Declaration of Satisfied & Closed Account form and/or the Specific Power of Attorney, both documents provided herewith, within the time period prescribed herein, Affiant agrees to affix DEBT COLLECTOR’S signature to either, or both, documents in accordance with Uniform Commercial Code, hereinafter “UCC,” §§ 1-201(39), 3-401(b)(ii). DEBT COLLECTOR tacitly consents and agrees that DEBT COLLECTOR may violate, among other, California Civil Codes and Federal Codes should DEBT COLLECTOR pursue legal action against Affiant pursuant to Affiant acting as “Agent” under that certain Specific Power Of Attorney for DEBT COLLECTOR where Affiant affixed DEBT COLLECTOR’S signature and performed any actions such as the termination of any judgments, liens, etc., at all State, County, and Local offices, performed by Affiant as “Agent”, that has been executed. Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 9 of 14 SPECIFIC POWER OF ATTORNEY The Undersigned, MBNA AMERICA, residing at P.O. Box 666, Banksterville, CA 91XXX, hereby appoints John Henry Remedy™ of Post Office Box 9999, Los Angeles, California [91XXX] Attorney-in-Fact, hereinafter "Agent." If Agent is unable to serve for any reason, MBNA AMERICA designates Frank Friendly of 2323 Good Shepard Way, Los Angeles, California [91XXX] as the Undersigned’s successor Agent. This Specific Power of Attorney is a self-executing agreement with MBNA AMERICA’S signature affixed in accordance with UCC 3-401(b)(ii). Authority is to be assumed upon proof of proper notice and MBNA AMERICA’S non-response. Such action is to be construed as an endorsement of intent. My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to: 1. To prepare and record all necessary documents for proper transfer, release of all rights and interest property via lien release to alleged debtor, JOHN HENRY REMEDY. 2. To use any trademarks, service-marks, emblems, logos and the like for the purpose of authenticating any document when acting on behalf of MBNA AMERICA. 3. To prepare and record any and all necessary documents with the Secretary of State, County Recorder, State Court, Federal Court and or Credit Reporting Agencies specifically related to account #1234-1234-1234-1234. 4. To prepare and record any and all necessary documents to amend, append, correct, or repair any and all derogatory credit reports made against alleged debtor, on behalf of MBNA AMERICA, which includes, but not be limited to: all credit reporting agencies, all credit service bureau’s, and/or all credit reporting organizations, either public or private. Agent shall not be liable for any loss resulting from a judgment error made in good faith. However, Agent shall be liable for willful misconduct, and likewise for failure to act in good faith while acting under authority of this Specific Power of Attorney. MBNA AMERICA authorizes Agent to indemnify and hold harmless any third party who accepts and acts under this document. Agent is entitled to reasonable compensation for any and all services provided while acting in authorized capacity as agent of MBNA AMERICA. Agent is entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney. Agent shall provide an accounting for all funds handled and all acts performed while acting in authorized capacity as agent of MBNA AMERICA if MBNA AMERICA, or any authorized personal representative or fiduciary of MBNA AMERICA, so requests. This Specific Power of Attorney is effective ________________, 2004, and is not affected by MBNA AMERICA’S disability or lack of mental competence, except as may otherwise be provided by applicable statute. This Specific Power of Attorney shall continue in effect for sixty (60) days from effective date, i.e. until _________________, ______. This Specific Power of Attorney may be voided by DEBT COLLECTOR, or Agent, through the proper execution of a Declaration of Satisfied & Closed Account, on or before the active date. An additional sixty (60) days is granted to Agent to cure any matters that may arise out of any action taken under this Specific Power of Attorney. The number of extensions of “an additional sixty (60) days” needed to settle any and all matters arising thereinafter is not set and is at the sole discretion of Agent. MBNA AMERICA MBNA AMERICA [Signature affixed in accordance with UCC §§ 1-201(39), 3-401(b)(ii)] John Henry Remedy™/ Attorney-in-Fact/ Agent Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 10 of 14 ACKNOWLEDGEMENT STATE OF California COUNTY OF Los Angeles ) ) ) ss. 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. Notary Signature (Seal) Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 11 of 14 MBNA AMERICA P.O. Box 666 Banksterville, CA 91XXX Re: REMEDY, JOHN HENRY P.O. Box 9999 L.A. CA 91XXX, CA 91XXX Account No: 1234-1234-1234-1234 Social Security No. 123-45-6789 DECLARATION OF SATISFIED & CLOSED ACCOUNT 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. Notice to credit reporting agencies: Please update your files to reflect this account “paid as agreed”. Printed name: ___________________________________ Date: ___________________________________ Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 12 of 14 APPOINTMENT OF THIRD PARTY WITNESS 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: John Henry Remedy In care of: Third Party Witness Frank Friendly c/o 2323 Good Shepard Way Los Angeles, [91XXX] California 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™ Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 13 of 14 PROOF OF SERVICE/MAILING AND WITNESS OF CONTENTS Private Non Negotiable 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: To: MBNA AMERICA Attention: Billing Dispute Resolution Dept. MBNA AMERICA P.O. Box 666, Banksterville, CA 91XXX 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. Executed at ___________, California Dated: ___________________ Frank Friendly ________________________ 3rd Party Witness and Server Frank Friendly Third Party Witness In care of: 2323 Good Shepard Way Los Angeles, [91XXX] California Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy Demand Page 14 of 14