why is my Bank mad at me?

#1 09-24-2005, 03:42 AM

to start with i never use a ucc site just the verbage, that is to say just "without prejudice" and not "without prejudice" ucc 1-207. as i signed my name to the bank card i signed it this way and under duress under my name, later i get a letter and a call from the banks legal people telling me that i had changed their paperwork and needed to come in and sign another card. i promptly told them i signed it, your people accepted it, notice to agent is notice to principal. that is how i sign my name, you (the bank) did not place a complete copy of the contract before me to sign and i dont know what the h*ll i would be agreeing to. now they hate to see me coming. all checks m/o's anything i do with a bank gets signed this way. they hate it when i do it but their kinda stuck for the moment. i would really like to see a complete copy of the contract...has anyone seen the contract to open a checking account? after having thought about it i can see where it really screwed with them, but oh well...has anyone else tried this if so what results were recived?

str8razor

D.Dog · #2 09-24-2005, 04:30 PM

I have not done it with a bank yet, however I did just do it on a contract for a company I was just recently hired to do some work for. I instead wrote " All rights Reserved".

They did not like it much and wanted me to sign a new one.
So instead of arguing I asked a few questions. They did not like that either.

Long story short there won't be any problems. I do good work they know it, I have worked for them before as well under similar conditions, and they had alread agreed in writing on the contract, so I am going to work.

They literally did not know what it was all about and I did not explain.

D.dog

juststartingout · #3 09-24-2005, 07:38 PM

See my post here under the success forum:

http://forum.suijuris.net/showthread.php?t=1217

weishaupt1776 · #4 09-26-2005, 07:58 AM

this situation happened to me at a bank
http://forum.suijuris.net/showpost.p...18&postcount=3

macerico · #5 09-26-2005, 05:03 PM

I've not done the disclaimer thing too much yet, but I see this much from what I've read.

1. Nobody can really refuse to let you do it.

2. If someone objects to your doing it, simply state (with total sincerity and politeness) that you have been advised to post the disclaimer to protect yourself. That signing most any document forms potential contracts of adhesion that most people are unware of. That this "notice" ensures that nobody can claim you've agreed to anything beyond the plain meaning of the document you signed for the plain purpose it is intended for.

3. If that doesn't put them at ease, state that unless you can reserve your rights in matters not addressed in the document, that you are under advisement to not sign it. Politely state that you were informed that only someone trying to attach an illicit contract obligation would object to your reserving your rights.

So long as you are polite, they either have to let you do it or quietly admit that they are trying to bind you in ways they do not wish to disclose.

After all, why would you want to do business with someone who wants to refuse to let you reserve your rights?

#6 09-26-2005, 08:23 PM

Quote:

Originally Posted by macerico

I've not done the disclaimer thing too much yet, but I see this much from what I've read.

1. Nobody can really refuse to let you do it.

2. If someone objects to your doing it, simply state (with total sincerity and politeness

snip

macerico, whenever i post on this site unless i say its just a thought...i share from what i have done! its not legal advise or my opinon on the matter its what i did and what happened from there. i have no desire to be polite to people when im tryin to cover mine. it matters not if they like it or not, now i dont go out of the way to be rude or mean but you need to read what has been said weishaupt1776, & d dog speak past tense as do i. its not my job to teach them (the bank employee's) what they should already know. use what they dont know against them the same way they have been doing to us, i understand i have a very in your face way about myself and its just the way i am if you like fine and if not fine also (them, not you) at times i would i could tone it down some but thats not the way i am or work. bottom line is my account is still open even after they said i would HAVE to fill out another card. understanding is the difference between talking about swimming and getting wet. before telling someone how or what to do make sure you HAVE DONE IT FIRST!!! have you ever heard "walk where i walk...step where i step" if you havint done it yourself how can you tell or share YOUR story with us?

test · #7 09-26-2005, 09:48 PM

Question str8razor,

What stops the bank from closing your account if they are not happy with your signature?

Is there any reason why they would not be able to do that to avoid this unhappy situation for them?

macerico · #8 09-27-2005, 04:05 AM

Quote:

Originally Posted by str8razor

....if you havint done it yourself how can you tell or share YOUR story with us?

My post was just an observation on dealing with people.

If you remain polite and sincere, what reason would anyone have to get all riled up over you protecting your rights with a legal disclaimer? Answer: They're trying to screw you and don't want you messing up their plan. Since the odds are the people you deal with think there is nothing you need to protect yourself against, they should find themselves in a Catch-22. If they let you do it, they can only bind you to the specific wording of what you signed and understood you were to be bound to. If they don't, they are quietly admitting there is something hidden in the contracts they aren't disclosing...which, to some degree, is fraud. It's a beautiful thing when a scammer has to let you go because they don't want to expose their game for what it is, right?

If you like to get "in your face" with people, fine, but it only gives them the means to say you are causing trouble. I'm not saying "educate" them, but a simple (and vague) statement that you have been advised to always do this (and it's not "legal advice" as if you got it from an attorney, it's "advice" as you choose to listen to your own counsel) puts them on notice that you are legally savvy enough to know you must take steps to protect yourself. You might be surprised how understanding most people would be about the whole matter. If they refuse to let you do your disclaimer, then you take your business elsewhere, politely letting them know that your friends will be very interested in knowing that XYZ BANK doesn't want to allow borrowers to protect themselves from unseen contracts of adhesion. Bad PR turns situations around real fast...especially if they claim they aren't out to screw someone over.

I may not have been doing the disclaimer much, but I've dealt with legal situations before. As they say, you can catch more flies with honey than with vinegar. I choose to hold back my "in your face" demeanor for AFTER they start giving me a hard time over the matter.

rodman652 · #9 09-27-2005, 05:23 AM

#10 09-27-2005, 07:57 AM

Quote:

Originally Posted by test

Question str8razor,

What stops the bank from closing your account if they are not happy with your signature?

Is there any reason why they would not be able to do that to avoid this unhappy situation for them?

test, as the agent for the bank accepted it, the bank is stuck with it, notice to agent is notice to princable. now they can try to bluff you into signin a new one but cant do anyting about you reserving your rights. if they were to it would be a lawsuit. but as i understand there is some language in the contract that says bank will let the irs look through your account or some such mess. it really limits their actions thats just what i heard im still in want of a complete contract to see what is what.