Wednesday, January 9, 2013

TOPPT: UCC 3-501 DEMAND




UCC 3-501 DEMAND
(all international and “STATE OF . . .” equivalents)


TO DEBTOR:   HSBC Bank USA, N.A., et. al.
           C/o: 523 Union Street
                Seattle, WA 98101
        Attn: Abraham A. Dairi
                abraham.a.dairi@us.hsbc.com
                206.224.9973 fax
                206.336.0580 direct
        Attn: Terry Park    
                 terry.x.park@us.hsbc.com
                 206.224.9973 fax
                 206.224.9961 phone

Ref Account Name/Number:

ANNEXES: A – HSBC Premier Statement of Account [ENTER DATE]
        B - Security Agreement with UCC Doc/File #
          C - CHASE BANK notice of non-payment due to HSBC reporting account frozen
         D – HSBC REPORT OF “STOLEN CARD”
         E -  Notice of Mistake, Demand and Opportunity to Cure, May 1, 2012 (Second Notice too)

RE:  DEMAND FOR INFORMATION                

Dear HSBC Bank USA, N.A., et. al.,

I am returning your presentment (Annex A) WITHOUT DISHONOR since the presentment is statement that you have acted outside of your authorized role as custodian by refusing to honor my orders of payment without written notice to me and without my consent.  Furthermore, the presentment still states you debited my holdings for those amounts under the total “checks/withdrawals and other subtractions” for the month without explanation of whom they were paid to.  This instrument presented states that HSBC reversed two payments I made without due notice or explanation:  [ENTER FACT SPECIFIC FAILURES OF BANK] One payment I made was to my CHASE Credit Card for $31,991.91 made by e-payment for May 7, 2012; the second payment I made was to [ENTER PAYEE] for $[ENTER AMOUNT] check #[ENTER #] which HSBC reversed on [ENTER DATE], 2012; furthermore you reported my debit card issued on the above referenced account as “stolen”.  (Annex A, C and D).  Are you a Holder-In-Due-Course of the above referenced account or any account with the name [ACCOUNT NAME] under UCC 3-302, UCC 3-303, UCC 3-305 or UCC 3-306, or any international or “STATE OF. . .” equivalent?  You have sent me an incorrect instrument (Annex A), UCC 3-115 (or international and “STATE OF. . .” equivalent), with which you are trying to induce me by fraud UCC 3-305(a) (or international and “STATE OF. . .” equivalent) to accept, for your benefit.

I am the Secured Party on the above referenced account, established  [ENTER DATE OPENED], per your offer that I accepted, which I duly secured, nunc pro tunc, UCC Doc #[ENTER #] (See Annex B).  I AM RETURNING YOUR UNSUBSTANTIATED PRESENTMENT UNDER UNIFORM COMMERICAL CODE 3-501(b)(3) (or international and “STATE OF. . .” equivalent)  and I DEMAND THAT YOU PRODUCE  WITHIN 72 HOURS OF THIS PRESENTMENT the following:

  1. Produce proof of claim that you maintain a security interest, public policy UCC 1-201(35), and any and all international and “STATE OF. . .” equivalent, in my private person, property or my funds held in HSBC ACCOUNT NAMES OR NUMBERS, inclusive of [ENTER ACCOUNT NUMBER] and any accounts with the name [ENTER ACCOUNT NAME] that makes you a Holder-In-Due-Course, public policy UCC 1-201(21) , and any and all international and “STATE OF. . .” equivalents;
  2. Produce the agreement permitting you to refuse to honor my payment orders exists that contains my signature? Produce it.;
  3. What agreement permitting you to freeze my account exists that contains my signature? Produce it;
  4. What agreement permitting you to steal my funds exists that contains my signature?  Produce it;
  5. What Territorial Application, public policy UCC 1-105, and any and all international and “STATE OF. . .” equivalent, exists that we have agreed upon that contains my signature?;
  6. I hereby declare and affirm my status as a creation of God, a natural [man/woman], who is free to travel as I chose, and free to use and enjoy my private property as I chose without hindrance or delay;
  7. There are grounds for insecurity on my part based on your action and inaction.  Therefore, I demand assurances under public policy UCC 2-609, and any international and “STATE OF. . .” equivalent, as to your delegation of authority, UCC 2-210 , and any and all international and “STATE OF. . .” equivalent, to operate in a Union state, in a capacity that applies to me outside of your authorized capacity as “Custodian” of my funds and property in the above referenced account and “order taker” therefrom;
  8. What presumption(s) make you believe that you have authority to refuse my orders of payment?;
  9. What presumption(s) make you believe that you have authority to freeze my account?;
  10. What presumption(s) make you believe that you have authority to withhold my private funds and property from me?;
  11. Produce the negotiable instruments I signed that was payable to you, UCC 3-419 , and any and all international and “STATE OF. . .” equivalent, that would make you a Holder-In-Due-Course in the above referenced HSBC ACCOUNT NAME/NUMBER, to act and present outside of your authorized capacity as “Custodian” and “order taker”, specifically the actions to refuse my orders of payment, freeze my account, present to third-parties that my account is frozen, and withhold my funds and property from me;
  12. Which principal are you operating for in this instance?  The FEDERAL RESERVE, the UNITED STATES, or the United States of America?;
  13. I demand you provide me the identification, inclusive of employee numbers and licenses, who determined that they had the authority and standing to refuse my orders, freeze my account, and/or withhold my funds and property from me;
  14. Produce answers and documents with specificity and particularity to each of the above points, signed by pen and ink, UCC 3-401 (or international and “STATE OF. . .” equivalent).
YOU HAVE 72 HOURS FROM RECEIPT OF THIS DEMAND TO COMPLY.

A lack of response on your part means a fault, UCC 1-201(16) (or international and “STATE OF. . .” equivalent) exists, reating fraud through material misrepresentation which vitiate all forms, contracts, agreements etc., expressed or implied, from the beginning, UCC 1-103 (or international and “STATE OF. . .” equivalent). Your presentments are fraudulent and unconscionable UCC 1-303 (or international and “STATE OF. . .” equivalent) and are discharged, UCC 3-603 (or international and “STATE OF. . .” equivalent) without resort  to a commercial tribunal.  The United States is a corporation and HSBC BANK USA, N.A. is a corporation and there is NO IMMUNITY for anybody when they deal in commercial paper.

WITH EXPLICIT RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE UCC 1-308 (or international and “STATE OF. . .” equivalent):



A FACSIMILE OR  DIGITAL COPY OF THIS ORIGINALLY EXECUTED WRITTEN NOTICE OF MISTAKE, DEMAND FOR RELEASE AND OPPORTUNITY TO CURE SHALL BE LEGALLY BINDING AS AN ORIGINAL AND IT IS EFFECTIVE IMMEDIATELY.

Done and effective this May 21, 2012, All Rights Reserved Without Prejudice UCC 1-308, RCW 62.A.1-207, all “STATE OF . . .” and international codes and equivalents (“UCC 1-308”):

___________________________________________________________
UCC 1-308  Bance Hom, Principal
                 
Permanent Address:
1639 E. Pebble Beach Dr.
Tempe, AZ [85282]

Registered Authorized Agent Address:
Bance Hom
C/o 513 25th Ave NW
Gig Harbor, WA  [98335]

[  NOTARY ]


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