January 30 th 2012
NOTICE AND DEMAND
1.
This is a legal demand and will be used as evidence to my communication with your party.
2.
I am contacting you concerning a promissory note{ right the numbers/account} that was signed
{ state the bank address where you signed the loan}.
3.
The promissory note that is referred to above is controlled and regulated as indicated in the following article of law.
Quebec Civil Code 1384. A consumer contract is a contract whose field of application is delimited by legislation respecting consumer protection whereby one of the parties, being a natural person, the consumer, acquires, leases, borrows or obtains in any other manner, for personal, family or domestic purposes, property or services from the other party, who offers such property and services as part of an enterprise which he carries on.
4.
These contracts are delimited by legislation as such there are obligations that must be respected.
5.
Your party has operated with bad faith and without full disclosure concerning the promissory note { mark your contract number or loan number} hereafter referred to as a consumer note.
6.
You party is declaring that there is an obligation on my part to perform actions and issue payments for the above mentioned consumer note.
7.
The promissory note that I signed which created an asset for the bank is full of dishonour. Any attempt by your party to proceed in this matter after reception of this Notice will be further evidence of your actions of extortion.
8.
At the time of the creation of the instrument, the acceptance of the consumer service, I was deceived by those operating on behalf of your party. The consumer note was not properly completed and as such there was and remains no obligation on my part.
9.
Any actions already taken “payments made” on this account were made under the operation of ignorance on my part and extortion by way of threats from your party.
Bills of exchange act indicates that a “Note” is means promissory note;
10.
I did approach the bank seeking “Consumer services” I did create a promissory note with the witness and help of the agent of the bank.
11.
Upon further verification I have come to realize that the promissory note that has been created is VOID.
Bills of exchange act
Consumer bill
189.
(1) A consumer bill is a bill of exchange issued in respect of a consumer purchase and on which the purchaser or any person signing to accommodate the purchaser is liable as a party, but does not include
Consumer note
(2) A consumer note is a promissory note
( a ) issued in respect of a consumer purchase; and
( b ) on which the purchaser or any one signing to accommodate him is liable as a party.
12.
Your representative did indeed sign upon this promissory note in the capacity as a witness. Therefore the bank through the representative who signature I have upon the consumer note is a liable party also. Please do not forget this valuable point concerning any obligations you would try and say I am accountable to concerning this consumer note.
Bills of exchange act 189 (3) Without limiting or restricting the circumstances in which, for the purposes of this Part, a bill of exchange or a promissory note shall be considered to be issued in respect of a consumer purchase, a bill of exchange or a promissory note shall be conclusively presumed to be so issued if
( a ) the consideration for its issue was the lending or advancing of money or other valuable security by a person other than the seller, in order to enable the purchaser to make the consumer purchase; and
Bills of exchange act 190.
(1) Every consumer bill or consumer note shall be prominently and legibly marked on its face with the words “Consumer Purchase” before or at the time when the instrument is signed by the purchaser or by any person signing to accommodate the purchaser.
13.
After having further verifying the promissory note that is in my possession I have come to realize that this consumer note is not complete as required by law. It is delimited by regulations and this document, is not following proper operation of law, proper procedure.
Bills of exchange act 190
Effect where not marked
190 (2) A consumer bill or consumer note that is not marked as required by this section is void, except in the hands of a holder in due course without notice that the bill or note is a consumer bill or consumer note or except as against a drawee without that notice.
14.
The obligation the right that your party has been drawing from to demand that I perform obligations has been VOID all along. Your party is involved in creating millions of these consumer notes monthly, yet the procedure they are using is incorrect.
15.
I do not believe this was an error on your part but an action that was done deliberately, for your company repeats this procedure daily without regard.
16.
You are claiming to be the holder in due course concerning the promissory note which is really under law a consumer purchase improperly marked.
17.
Based upon the operation of law describe above I will no longer accept any “claimed obligation” from your party. You are standing in dishonour and with proper operation of law to back your actions up.
18.
Consider your party under notice that the consumer service you offered me is void for I have indicated to you the holder in due course that the consumer note was not issued under the required operation of law.
All rights in this matter remain reserved
Thank you
Witness one
Witness two