Item 3. "U.S. Citizen/ U.S. Person"
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should I be concerned with Item 3. "U.S. Citizen/ U.S. Person" ?[/QUOTE]
I would think you could (must) cross out that item as per ie instruction about item 2
i need a higher-level incantation, Rock.
Quote:
Originally Posted by
Rock Anthony
If you get any flack from the low-level employees regarding the novation, speak something similar to these "magic" words:
"You're saying that I cannot make such a novation to the signature card? Well, may you please consult your legal department? I'm certain that such a novation is both lawful and legal, but I can understand that you may be unsure. I am entitled to this privilege, and would hate to be illegally denied this privilege because you've decided to make a legal determination on behalf of the bank. Are you an attorney? Only licensed attornies may practice law, and only licensed attornies hired by the bank to represent the bank in legal matters may make legal determinations for the bank."
The manager at the bank called me within 24 hours of opening an (interest free checking) account, and claimed to have talked with a lawyer already. She wanted me to come and close the account, or fill out new paper work absent the redemption stamp on the sig. card, and absent the rights reservations i made on other docs.
To be clear, i did not include any reservation of rights in the sig. card. i just used the standard phrase you see around here.
She wouldn't even tell me its name. i asked her on the phone to have the attorner call me (since i obviously couldn't call it) and she said it wasn't any use. He'd just tell me the same thing she was. He's on contract with them after all, and can't really talk to me. [You know, like, i'm guessing he'd bill them for having to deal with me? They're already losing money having to ask him to review my stuff.]
"It's against bank policy. The stamp restricts the bank. We don't allow restricted endorsements. The reservation of rights alters the agreement. "
Anyway, i expressed my desire to her, to have the attorner prove his claim that the stamp is restrictive, or is included by me with intent to restrict the bank. i haven't heard from him. i thoroughly questioned her assumptions and nominalizations, and got no responsive answers; just subject changes.
If you know of a law that they might be violating, could charges be pressed against them? But, i'd like to find a way to gently persuade them to cash my checks for me, and maintain the account. i kinda like the place: small bank, free coffee, farm fresh eggs are sold there by a teller's daughter, nice people, convenient locations.
Thanks for the responses guys
To save space, i didn't wanna quote that whole paypal thing David. Suffice it to say that i am having a difficult time interpreting your interpretation, and discerning whatever idea you're trying to get across to me, exactly. i think i read over the other thread that you posted that on, and the whole thing just goes right over my head man. No offense - just saying.
Quote:
Originally Posted by
David Merrill
Buy some eggs and enjoy the coffee. Compliment them all and let them know how much you like them and that particular bank.
You have a way with language that's so, ah, fresh sometimes; yet not without a little salt.
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Let them know that even though you will be using them only as a repository for safely storing your funds, that you are suggesting they do so interest-free.
Slow down speed reader. You missed the parenthetical. No suggestions to be made now on those lines, the interest free account is set up already.
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Tell them you never really wanted any legal advice, and thinking about it, you never got any. The lady only relayed hearsay to you from what I hear (punny). Politely let them know that it is now time you advised the attorneys not to shut down your business with them. [Point being that you like them and you will not put them asunder by doing it yourself. Do not sign anything but your non-endorsement and tender your business. Keep a recorder, or bring a witness might be wise but if that does not feel right...]
David Merrill.
Point taken on the hearsay. i threw that word around a few times. It's nice to be on the same page with you. :) To save time, lemme just type out a part of the agreement i signed,
Quote:
ACCOUNT TERMINATION. You and we agree that either of us may close your account and terminate this agreement at any time with or without cause.
If you want me to scan it to prove this, say so. Really though, you're right. All i think i can do is sweet talk them. After all, another "MISCELLANEOUS PROVISION" says,
Quote:
You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses from your account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your account.... It also includes situations where any action taken on your account by you .... causes us to seek advice of an attorney, whether or not we actually become involved in a dispute.
So with this i segue to alloidial's 18 USC 241.
They're holding several hundred deposited dollars (that i worked long and hard for) which could quickly, without notice, be gobbled up by their attorner - should they interpret this matter as a dispute related to "my account." (i hope not to be lectured on how the account is not mine. Please, whoever's rarrin' to digress on this, spare me. i know, ok?)
There IS great wisdom in questioning. Coupled with mj's idea about recording it all; what a way to make the record! Really awesome rhetorical questions you posed there 'loid; o man i'm so glad yer still around.
For now, to those here, i ask:
Do i have a right to cash a check at their bank? Do i have a right to an equitable interest in an account at the same? Could i prove to a jury that i was intimidated by the bank manager? i venture the defensible answer to all 3 is no. Is there palpable damage here, in being told to redo the forms or close the account? Yes, time lost working, but that's small claims stuff.
If a bank refuses to redeem lawful money, is there a penalty?
Is not the shall in "they shall be redeemed..." the commercial nexus?
If so, what or where is the penalty, and who doles it out?
Thanks for your time folks,
regards,
d.
Stunning, i'm bookmarking this.
Quote:
Originally Posted by
allodial
If you file a complaint as a plaintiff then the plaintiff-ness you might take upon yourself might be a 'personage'--it does not necessarily mean "U.S. person".
'loid, you're the first person (ha ha) that i've ever read, whom so artfully avoided getting stuffed into the 'person box.' i'm guessing some later reply will dote on the definition of personage, or the word of art 'person' itself, to further attempt to force you and your paradigm, into the person box. Repent. Recant your heresy. **chuckles**