Consumer complaint received 2017-04-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Bank account or service
Sub-product: Checking account
Issue: Account opening, closing, or management

Complaint:
Bank of America fails to show a valid current contract, Bank of America 's response shows no tangible evidence of applicable facts requiring my obligation or performance, I never agreed to a lifetime of obligation to these CRIMINALS, PARTS OF A LAWFUL CONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness or kind. The parties should be of like kind, being either artificial Legal Entity and artificial Legal Entity, or living Man/Woman and living Man/Woman, allowing more than two parties but never a mixture of these kinds. 
2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 
3. Full disclosure When negotiating a contract, full disclosure is the act of providing all material information, or telling the " whole truth '', about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. 
4. Sufficient consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 
5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates. 
6. Meeting of the minds A meeting of the minds " consensus ad idem '', occurs between the parties when they recognise each other, understand their mutual obligations, and agree. This meeting of minds can only occur between like kinds, being Legal Entity with Legal Entity, or Man/Woman with Man/Woman. A corporation and another corporation may enter into contract by way of accommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of the same and equal kind. 
7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet ink signatures of the parties, each wet ink signature being anaccommodation from a Man/Woman. Written contracts between living Men/Women must carry the wet ink autographs of the parties, and/or living identification such as a thumbprint. Living standing is recognised by a thumbprint, or more often by an unambiguous declaration with the autograph, such as authorised agent written below. 
8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. 

15 U.S. Code 78cc - Validity of contracts Current through Pub. L. 114-38. ( See Public Laws for the current Congress. ) US Code Notes Authorities ( CFR ) prev | next ( a ) Waiver provisions Any condition, stipulation, or provision binding any person to waive compliance with any provision of this chapter or of any rule or regulation thereunder, or of any rule of a self-regulatory organization, shall be void. 
( b ) Contract provisions in violation of chapter Every contract made in violation of any provision of this chapter or of any rule or regulation thereunder, and every contract ( including any contract for lis

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation