Consumer complaint received 2023-09-03
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: GA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
1.On XX/XX/XXXX, THE PRINCIPAL authorized agent/Trustee for THE LIVING TRUST OF, hereinafter Principal, sent a Package for presentment of XXXX XXXX XXXX bearer bond securities hereinafter securities and included with the securities was a letter of instruction hereinafter 1st Notice/Instruction letter, and I.R.S. form W8-BEN, , a record of which is attached hereto and incorporated herein in its entirety as Instruction letter, to BNY Mellon Corporate Trust Transfers/Redemptions , XXXX XXXX XXXX XXXX XXXX XXXX TEXAS XXXX as per BNY Mellon Bondholder website information page instructs to send the securities to hereinafter Indenture Trustee/Paying Agent, for the redemption of securities for the accounts XXXX, XXXX, and XXXX per XXXX  XXXX trust indenture dated XXXX with amendments, hereinafter Account, sent via XXXX XXXX, Insured Tracking # XXXX, by the Principal, as evidenced by the XXXX proof of delivery Attachment A dated XX/XX/XXXX a record of which is attached hereto and incorporated herein in its entirety as Attachment " A ". 

2. On XX/XX/XXXX, XXXX XXXX, hereinafter Carrier, delivered the Securities to the Indenture Trustee/Paying Agent per proof of delivery attached 3. XX/XX/XXXX, XXXX XXXX Received by XXXX XXXX per XXXX proof of delivery, Attachment A in which means delivery was made for redemption 4 On XX/XX/XXXX, after Midnight which would be XX/XX/XXXX XXXX XXXX PrincipaI did not receive redemption for principals securities presentment nor did principal receive notice of dishonor or any further instruction during the course of the business day in an email. 
5. During the passing of time of XX/XX/XXXX through XX/XX/XXXX which is 24 hours no weekends which equals 1 business day, Principal patiently waited for honor of securities and the transfer of securities per instruction letter attached with accepted securities, with no contact through email nor USPS or Private courier with return of securities or dishonor notice or acceptance notice. 

6. On XX/XX/XXXX, Principal proceeded to make a phone call to paying agents XXXX XXXX XXXX XXXX listed on the Bondholder page of paying agents website XXXX And was informed by an agent that the securities were redirected to the XXXX  department of BNY Mellon ( " Paying Agent '' ) [ at ], XXXX ( Paying Agent ) which is the financial investigations department at BNY Mellon ( " Paying Agent '' ) upon further research. 

7. On XX/XX/XXXX, XXXX XXXX Principal emailed XXXX ( ( " Paying Agent '' ) ) and enquired about the securities and provided a tracking number to identify the package the securities were transported in by the carrier. No reply followed for the entire business day through email nor did I receive any notices by mail or private courier, nor the return of principals securities 8. During the time passing of XX/XX/XXXX through XX/XX/XXXX which is 6 business days no weekends, On XX/XX/XXXX XXXX XXXX principal emailed XXXX ( Paying Agent ) a second time with an enquiry of the status of principals securities, and attached to the email were identifying documents of title, perfected security interest by UCC 1 financing statement, schedules of security agreements, and power of attorneys, court filings case numbers and docket numbers. 

9. On XX/XX/XXXX XXXX XXXX, Principal sent another email to XXXX ( ( " Paying Agent '' ) ) with 2 more documents, 1 document of signature authentication, a Treasury Form 5444, and a 3rd Instruction letter with a default notice to principal and agents of corporations as well as a default notice within the body of the 1st page, pertaining to dishonor and denial of instruments which constitutes as a notice of dishonor separate from the instruction letter on the second page. 

10. XX/XX/XXXX XXXX XXXX, a response finally came from XXXX ( " Paying Agent '' ) to principal 's email address XXXX, which states : Email Reply from BNY Mellon Paying Agent Thank you for reaching out to BNY Mellon ( " Paying Agent '' ). We understand from the materials you sent that you are seeking to discharge your own personal debt.BNY Mellons role as a trustee or paying agent is in the context of certain investments owned by investors and not individual personal debt. BNY Mellon does not service or have authority to service any related debt. The servicer is the party who is required to service all related debt, which includes, among other things, responding to consumer concerns about such debt and any charges or associated fees.Contact your Servicer.Additionally, we request that you refrain from creating and submitting documentation, including but not limited to 1099-C Cancellation of Debit documentation with BNY Mellons information ., 10. ( ( ( continued ) ) )... Principal will ruthlessly attack with easily obtainable public records written documents which will constitute as prima facie evidence to rebut any and all of the false and misleading statements of ( " Paying Agent '' ) BNY Mellon 's unnamed/Anonymous Agent, this frivolous misleading, misrepresentation of facts, exclusion of material facts, and false statements will constitute as fraud/dishonor upon principals holder in due course rights which by FDIC Act and Federal Reserve Act section 29 is considered an unsafe and unsound act/ practice of a Member Bank and has been continuous and for a Financial Institution governed by the FDIC as a member bank that email will be used as evidence. Regardless if its from an unknown agent who did not list their corporate identifier nor did they leave a name for response, it's a misdirect and false and misleading, no matter it's from BNY Mellon XXXX department so a reply in writing will be generated. 


11. XX/XX/XXXX, XXXX. Principal replied stating that the securities that were sent by carrier are called bearer bonds to an unknown agent at XXXX ( " Paying Agent '' ). bearer bond securities and are not material. ; furthermore ( interchange of terms in relation to BNY Mellon Trust Indenture is misleading and is also considered a false statement when these types of terms are clearly defined in Article 3 section 301, sub sections 1-3 of BNY Trust Indenture Dated XXXX with stated amendments, indenture indicates bearer bond securities with coupons are represented by 1 or more global security which is created by a certificate of indebtedness ), and the principal requested the return of the securities or a commercial lien will be filed. In any case, if the use of the term material was to be applied for the securities, please discipline your agents aggressively to refrain from using the singular term material and to cease, stop, halt, exterminate, terminate, with gusto and great prejudice the action of excluding the material term disclosure instead with great care, and using ethical guided professional transparency combine the words, for its use as is, is defined to be applied as an investment term, investment item, furthermore by misleading/misguiding investors with misleading interchangeable banking/investment & maneuvering of the terms. Paying Agent creates deception, for by definition and business and international law, a material disclosure is a investment statement, which represents a debt obligation for money borrowed by a corporation, government, or municipality from a person in which that loan makes that person by law and by commerce a creditor and not a consumer and also makes the instrument a bond and the individual holding the instrument the holder in due course and have rights for discharge per Section 402 of BNY Mellon & XXXX XXXX XXXX  trust Indenture Dated XXXX With stated amendments for exhibit to the S.E.C ... .Please refrain from, the future attempts at/of misdirection, toy play, word play, attempt again to mishandle, attempt to misguide, misrepresent anything with the principal. The Paying Agents, agents will lose epically, significantly, unequivocally, habitually, consistently, horribly. principal is educated in Domestic Business law, International Business law and Ethics, Commercial law, Constitutional Law, Business and Finance, Series 7 Broker Training, Universal Securities Operations, Commercial Book Entry, Corporate Banking, Trust Law, and principal mentally digests, Banking, International Business & Banking, Business and Law Dictionaries daily because the principle is hungry for knowledge just as the principal is hungry to own 10 % of a bank 's assets or make it insolvent for fraudulent activitiesCaution Tread very Lightly!! The principal is here for it!!! Principal greatly comprehends and observes with aggression all of their rights and Proper Federal Agencies to contact. They are on speed dial and have a special block in the Principal 's email for all of them, as well as, Jurisdictional Venues that the principal will need to file and proceed with litigation. The Principal is completely aware of all venues and is available and ready to litigate this if securities are not tendered promptly! 

12. XX/XX/XXXX XXXX XXXX BNY Response ( Repeat email ) which validates continuous Thank you for reaching out to BNY Mellon. We understand from the materials you sent that you are seeking to discharge your own personal debt. BNY Mellons role as a trustee or paying agent is in the context of certain investments owned by investors and not individual personal debt. BNY Mellon does not service or have authority to service any related debt. The servicer is the party who is required to service all related debt, which includes, among other things, responding to consumer concerns about such debt and any charges or associated fees. 
Contact your Servicer. 
Additionally, we request that you refrain from creating and submitting documentation, including but not limited to 1099-C Cancellation of Debit documentation with BNY Mellons information ., 13.Paying Agents failure to sufficiently respond in the correct manner of, Paying the presented securities per holder in due course instruction and, or return with dishonor letter/acceptance letter or further instructions as well as all 135 securities back to the principal as known as holder in due course required by the UCC code, FDIC Act, Federal Reserve Act, The Consumer Protection Act, The Trust Indenture Act, The Securities Act, The Securities and Exchange Act, XXXX  XXXX XXXX & BNY Mellon Trust Indenture dated XXXX XXXX XXXX with stated amendments submitted to S.E.C. for exhibit. 




14. As of XX/XX/XXXX XXXX principal still has not received email, written notification, nor has payment been tendered, as well as the principal 's securities have not been returned with a letter of dishonor or acceptance which per UCC code is discharged.. 

15. Paying Agent has defaulted.

16. As an operation of law, Paying Agent by dishonor of the presentment of securities and letter of instruction and the A notice to Principals is a notice to Agents and a Notice to Agents is a Notice to Principals, the default DISHONOR & DENIAL OF INSTRUMENTS within the body of the Notice, before the 3rd instruction Letter 2nd page, continuous unsafe, unsound acts by a member bank per the FDIC Act, Federal Reserve Act, lack of required efficient communication, False, misleading, misrepresentation of material facts, exclusion of material facts, failure to tender principals securities per UCC code and not abiding by all legislative Acts mentioned in # 9 as well as breach of paying agents viewable/retrievable public record Trust indenture dated XXXX with amendments stated to the S.E.C.. The complete account of communication as evidenced, The lack of observation of the legislative acts and laws that govern the paying agents member bank status while in the business of transferring securities between principal holder in due course and paying agent. These actions as well as inactions of BNY Mellon Trustee ( Paying Agent ) has created default as well as TIER 1 & TIER 2 Violations per the Federal Reserve Act section 29 and if principals securities are being traded/auctioned on on the secondary market, private placement market also known as the stock exchange then that at would constitute as Securities Fraud and that's a federal crime and a higher charge than dishonor of instruments. 
DEFAULT : For the Respondents failure to honor the Securities transfer request and instruction letters and Default DISHONOR & DENIAL OF INSTRUMENTS places the Respondents in default. For the course of dealing, set forth herein, with the Respondents failure, refusal, or neglect in the presentment of a verified response to the Notice of Default Opportunity to Cure Notice, and Breach of Fiduciary Duty notice constitutes the Respondents failure to perform in good faith and the Respondents acquiescence and tacit agreement with all terms, conditions and stipulations are set forth within this Notice of Default opportunity to Cure, Of this Notice use caution and heed, and govern yourself accordingly. This FINAL EXPRESSION IN A RECORD is intended as a complete and exclusive statement of the terms of the agreement between the parties.

Company response to consumer: Closed with explanation