Overdraft accounts charged up...

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benjf.com

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Aug 18, 2010, 3:45:58 PM8/18/10
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I had 3 overdraft accounts on my checking account at my previous
bank. I used them like credit cards and have reached $3k in "debt".
I no longer use the accounts and I "owe".

They do not send bills for these accounts. They just expect payments
and ding my credit when I don't pay.

I can't a4v something that is not presented. I can't really BPN it
either, for the same reason. How do I discharge this debt? FRN's are
out of the question of course. They are too limited and hard to work
for. =)

I'm trying to put together a letter right now to sort of back them
into a corner and admit the fraud. Tell me what you think or tell me
if I'm going nowhere:

---------- THE DRAFT
------------------------------------------------------------

NOTICE TO AGENTS IS NOTICE TO PRINCIPLE. NOTICE TO PRINCIPAL IS
NOTICE TO AGENTS.

August, 19, 2010

Re: Loan Numbers: xxxxxxxx and Account Numbers: xxxxxxxxxxx

Dear BANK Representative,

Please close the overdraft loan accounts shown above as well as the
corresponding checking and/or savings accounts stated. Send any
remaining balances to the above address, pursuant to this document.

Pertaining to these accounts, I am willing to pay back any money THE
BANK has truly loaned to me. If THE BANK has loaned any money then
please provide:
1. for my inspection, the original promissory note which requires me
to pay something on these accounts, AND
2. evidence that THE BANK has provided consideration in the original
agreement, AND
3. evidence of money loaned, accounting or otherwise.

All claims are to be verified or certified to be correct under penalty
of laws, including perjury.

If all points are not fully answered, as stated in this letter, then
THE BANK agrees that they have been attempting to collect on a “naked
agreement”, i.e., a contract without consideration, which is not
binding in law and for which a right of action does not arise; and,
THE BANK has sold the promissory note and has not given credit to my
account.

I look forward to your response, by mail only. If no written response
is received within 14 days of receipt, or the response is not as
indicated herein, then this matter is settled and we agree that THE
BANK is not actually the creditor in this relationship, therefore your
claim to these accounts will be considered abandoned.

Yours sincerely,

____________________________
Me,
Authorized Representative
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