Consumer complaint received 2019-07-16
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
In XX/XX/2019, I first became aware of significant unauthorized access and transactions on several of my financial accounts. I had been incapacitated for several months and was unable to directly manage or protect my personal information, financial information, and personal affairs. My mother was acting on my behalf with a fully executed Power of Attorney. My mother filed a complaint with BNY Mellon, the " partner bank '' that administers XXXX XXXX XXXX accounts. It was my XXXX XXXX XXXX account that had been compromised and my mother was directed by XXXX to file a dispute claim directly with BNY Mellon. The dispute was for numerous transactions which were obviously unauthorized and not made by me as I had no ability to perform transactions during the time period in question, which was from XX/XX/2019 to XX/XX/2019. I did not become able to directly manage my own affairs untilXX/XX/2019. In early XX/XX/XXXX, my mother filed a dispute with BNY Mellon over the phone on my behalf, explaining that the transactions were fraudulent and the result of Identity Theft, home burglary, and extensive thefts of a great deal of my personal effects and property, including my vehicle, my cell phone and computers, my wallet, personal papers, mail, and numerous other personal items. A couple of weeks later, my mother received a letter from BNY Mellon dba XXXX XXXX XXXX which was dated XX/XX/2019, and stated that the dispute claim had been denied based on the investigation determination being that the transactions had been found to be authorized, which is absolutely not true. The letter did not offer any explanation as to how the investigation came to this determination or what information was used to ( erroneously ) support such a determination. About a week after receiving the denial of claim letter, we sent a letter requesting reconsideration based on our adamant assertion that none of the disputed transactions were in any way authorized and that the perpetrator of the thefts and identity theft crimes against me was not acting with my knowledge or consent. This letter was sent by mail to BNY Mellon dba XXXX XXXX XXXX to a XXXX, Delaware address. BNY MellonXXXX XXXX XXXX never acknowledged receipt of this letter nor was a response ever received. When I was able to personally and directly manage my affairs again beginning XX/XX/2019, I contacted BNY MellonXXXX XXXX XXXX by phone and inquired about the letter we had sent. I was told they had no record of having received the letter. I explained the situation and the issues that we had been having, and was told to submit an Appeal addressed to the same address as the previous unacknowledged letter, but was given the option to fax my documentation instead. On XX/XX/2019, after conducting my own independent and extensive review, audit, and investigation into all of my personal accounts with regard to the crimes that had taken place against me while I was incapacitated, I faxed to BNY MellonXXXX XXXX XXXX a detailed written narrative, along with copies of reports of Identity Theft that had been filed with the FTC, property and financial information theft that had been filed with local police, information related to the suspect and his presumed accomplices, and an itemized list of all unauthorized and fraudulent transactions that had been made against my XXXX XXXX XXXX account without my express or implied knowledge or consent. I received a confirmation that the fax had successfully and completely transmitted to the given fax number. The next day, I contacted XXXX XXXX customer service to confirm their receipt of the fax, and was told that it had been received and would be reviewed soon. It has been over two weeks and I have not received any communications from XXXX XXXX regarding this appeal. I have contacted XXXX XXXX customer services on numerous occasions since faxing this very comprehensive information and documentation, and have not been able to receive any definitive responses regarding the status of this issue. Every time I contact the only number I have for XXXX XXXX, I reach a customer service representative who tells me that the Fraud Department is handling the matter and that there is no resolution as of yet. The representatives with whom I have spoken on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, each have told me that they can not connect me to the Fraud Department, that there is no direct number to reach the Fraud Department, and even they are unable to reach the Fraud Department except by email. On each of those dates, the representatives with whom I spoke each told me that they would send an email to the Fraud Department requesting that someone in that department reach out to me right away, same day, to discuss my appeal, the current status, the expected date of resolution, and what is causing the excessive delays. I have NEVER received a call from the Fraud Department. It has been well over two weeks since I submitted my appeal, and it has been over three months since this entire nightmare began. I want an immediate resolution to this matter, and I want my stolen money returned without further delay. My car has now been repossessed because of my inability to pay my obligations due to XXXXBNY Card Services engaging in bad faith, unethical and deceptive trade practices.

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