The Tender For Law

Volume 1

Jan 21, 2013 9:07 PM

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Derek Moran

Buddy of mine asked me this question regarding filling-out a remittance for a credit-card: "Derek, so what happens when you put your sin number as the account number here to pay off you credit card. Will you get charged for fraud?"

Derek Moran

Here is the answer i got in my LATEST(i send them a number of emails to the Canadian Payments Association):

Hi, Can you give me the link where it shows on your website the proper way to fill-out a bill-payment-remittance for proper presentment-and-acceptance for payment to a biller? Thank you, Derek

Good morning, Thank you for contacting the Canadian Payments Association (CPA). CPA Rules and Standards do not address how a consumer must fill out a bill payment remittance for payment to a biller. For assistance, please contact your financial institution and/or the biller directly.

Regards, CPA Public Affairs Good evening,

Ummm, im confused; why would i ask my/a financial-institution and/or the biller on the proper way of filling out a bill-payment-remittance? I was under the impression that was the job of the Canadian Payments Association to regulate such matters, hence the whole purpose of having something like the 'Canadian Payments Act' to begin with; am i to believe that private-financial-institutions, and private-biller-corporations, have now been left with regulating such matters? That would seem to be a Conflict-of-Interest, would it not? :/

Thank you, Derek

Answer: still waiting.......<info@cdnpay.ca> - if'ya need it ;)

Fiona Munro

" Accept means you will pay the document..... If you pay the document/ negotiable estimate, then obviously it belongs to you..... anyone who sends you a bill and does not send you the check to pay it with, has created a liability witch they did not provide the remedy..... uniform commercial code doctrine: in order to create liability you have have to make presentment (give it to them. hand them paper)......... If they made presentment then they have to provide a remedy for it cause they just created liability in the public....

Derek Moran

Supreme Court of Canada Bank of Canada v. Bank of Montreal, [1978]

[Page 1156]

"...a promissory note(legal tender)...is not itself money...there is no liquidation of the debt, until it is discharged..."

https://www.canlii.org/en/ca/scc/doc/1977/1977canlii36/1977canlii36.html

Scott Duncan

So, to review (with the magic of Cut & Paste):

�negotiable instrument� INCLUDES any cheque, draft, traveller�s cheque, bill of exchange, postal note, money order, postal remittance and any other similar instrument;

�money� INCLUDES negotiable instruments;

BUT...

"...a promissory note(legal tender)...is not itself money...there is no liquidation of the debt, until it is discharged..."

And therefore PROMISSORY NOTES ARE NOT MONEY.

PROMISSORY NOTES ARE OBLIGATION (Tender for Law)

David Johansen

CUSIP is the not otherwise identifiable number on a birth certificate which can be found through dunn & bradstreet traded on fidelity that your elected representative is the fiduciary theirof (commingled accounts). the red number on the SIN or social security (account) reverse is the ammount converted into legal tender in the name of the decedent. an automobile title also has a CUSIP which is located on the top most of the certificate signed by the issuer [following the four corners rule in contracting].