Consumer complaint received 2017-12-07
Company: AES/PHEAA
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I contacted the Department of Education requesting that this loan be discharged in accordance with House Joint Regulation 192 of XX/XX/XXXX. So far, they have not taken action. I have confirmation from a certified return receipt that they received my request XX/XX/XXXX. Here is the authority listed that explains HRJ-192 and public law 73-10. 

HJR-192 AND PUBLIC LAW 73-10 LAWS THAT GOVERN ELECTRONIC FUNDS TRANSFER INSTRUMENTS, AND MONEY The Federal Government took our lawful money out of circulation in XX/XX/XXXX but Congress had to provide the people a remedy. Public Law : " Chap. 48, 48 Stat. 112 '' under HJR 192 is that remedy and in part states that the Federal Government will discharge all of our debts, public and private, dollar for dollar. This has been one of the best kept secrets in this Bankrupt Nation. 

They took everything including all property and titles to property and left us only with an ability to discharge debt and create money through our signature and they never bothered to tell us. 
We create money when we apply for bank loans with our signature. It is our signature and credit in our ability to work that creates the money of account and this has been the case since XX/XX/XXXX. The banks have a monopoly to our credit and for this " service '' they charge principal and interest on nonexistent money all the time giving the impression they lent us their money and this is fraud because they never revealed where the money came from. This is true for Credit Card accounts and Mortgages. 
1. House Joint Resolution. 73rd Congress. Session 1. Chapters 48 & 49. XX/XX/XXXX, XX/XX/XXXX H.J.R. 192. 1491 Public Law 1 48 Stat 1confirmed in ~XXXX v. U.S. ( 1935 ) 294 U.S. 330-381, 79 LEd 912, as well as ~Title 31 United States Code ( USC ) 5112, 5119 and again 12 USC 95a . When a government goes bankrupt, it loses its sovereignty. 
2. Public Law 10 Chapter 48, 48 Stat. 112.

3. Public Law 73-10 40 Stat 411 4. Trading With the Enemy Act ( XXXX XXXX XX/XX/XXXX 1 ) That, Legal tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) ; The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue of adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected.Under HJR 192 XX/XX/XXXX and validated in XXXX above the nation is bankrupt and to support the bankruptcy my signature as a man created the currency of the realm for the transaction making me the Creditor. The existing state of emergency is verified ~Title 12 95, 95a, 95b and 411 Should this be doubted then these two quotes ( of many more ) verify the truth since the principal part of any thing is the beginning. Maxim of Law Banks can not lend depositors money to borrowers without the depositors written authorization, in reality, banks do not lend their depositors money. ~12 U.S.C. 1828. 

As the situation stands at present, the banker is in a unique position. He has probably the only known instance, in business of the possibility of lending something without parting with anything, and making a profit on the transaction, obtaining in the first instance his commodity free. ~XXXX XXXX XXXX in a speech in XXXX in XXXX. ( XXXX XXXX Decision, creating money from thin air ) A national bank has no power to lend its credit to any person or corporation. XXXX v. XXXX XXXX . XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, certiorari denied in XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX. 
A bank is not the holder in due course upon merely crediting the depositors account. XXXX XXXX v. XXXX, XXXX NYS XXXX XXXX, XXXX. 
2 ) That, the Federal Reserve Bank in its booklet ; XXXX XXXX XXXX page 3, states ; In the United States neither paper currency nor deposits have as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries. 
3 ) That the giving a ( federal reserve ) note does not constitute payment. See XXXX v XXXX XXXX, XXXX XXXX XXXX. 
4 ) That the use of a ( federal reserve ) 'Note ' is only a promise to pay. See XXXX XXXX v XXXX, XXXX XXXX XXXX. 
5 ) That Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See XXXX v XXXX, XXXX XXXX XXXX. 
6 ) That ( federal reserve ) 'Notes do not operate as payment in the absences of an agreement that they shall constitute payment. ' See XXXX XXXX. XXXX v XXXX, XXXX XXXX XXXX XXXX. 

7 ) Also, Federal Reserve Notes are valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ). 
8 ) In light of the holding of XXXX XXXX XXXX vs. XXXX, XXXX XXXX XXXX ( XXXX ), take notice of ... As of XX/XX/XXXX, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. There can be no requirement of repayment in legal tender either, since legal tender was not loaned [ nor in circulation ] and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. 

9 ) U.C.C. 3-603 ; If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender ... 
10 ) ORS 81.010 Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. XXXX the latter here operates via the rule of XXXX XXXX in Tennessee. ) 11 ) That because of failure of a lawful consideration the Note and Mortgage are null and void See XXXX XXXX XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX, case # XXXX ( XXXX ) .THEREFORE, in light of the above, under necessity, having no other means to pay debts at law, but being estopped and denied access to lawful constitutional money of exchange, the undersigned can only exercise the remedy under necessity to set off/discharge the 'debt/liability '. 

Your Affiant, flesh and blood with PRE-PAID EXEMPT status as a current Creditor of the U.S.  CORPORATION since its bankruptcy in XXXX and with full understanding of how the monetary system works. Federal laws prohibits any banks from loaning against its own credit and customers deposits, so my signature creates the asset of these funds which you then monetized to your gain ten ( 10 ) times, then my signature does certainly pay this supposed liability ; THEREIN, you are required by LAW to accept this EFT instrument and credit the above account, in honor, within 24 hours upon acceptance pursuant to U.C.C. 3-501. 

Any dishonor will be construed as a commercial injury, violation of agreement, fraud, fraud by scienter, violation of commercial law and otherwise. UCC codes used in verified tender of payment 1-201 general definitions governing eft 10. CONSPICUOUS EFT in red 3-311 ( d ). Receipt of an instrument is satisfaction 3-501- ( 4 ) day after day of receipt 3-603 tender of payment ( b ) refusal is discharge ( c  ) able & ready to pay at every place of a payment stated Your Affiant has claimed, maintain, and have at all times has retained his Constitutionally secured Rights especially, but not limited to, all aspects of this instant matter ; XXXX XXXX XXXX , XXXX XXXX , XXXX at XXXX. Waivers of Constitutional Rights must not only be done voluntarily, they must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and consequences.

Company response to consumer: Closed with explanation