Consumer complaint received 2023-09-29
Company: BANK OF NEW YORK MELLON CORPORATION, THE
Product: Money transfer, virtual currency, or money service
Sub-product: Foreign currency exchange
Issue: Confusing or missing disclosures

Complaint:
Applicant : XXXX XXXX XXXX XXXX XXXX : XXXX, XXXX : XXXX Location : XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX  XXXX XXXX Address for correspondence : XXXX, XXXX, XXXX XXXX XXXX, office XXXX Law firm " XXXX '' for XXXX XXXXXXXX XXXX XXXX : ( XXXX ) XXXX, XXXX E-mail address : XXXXXXXX XXXX XXXX 


INFORMATION LETTER WITH THE ANSWER FROM OFA regarding the return of funds on an unexecuted money transfer. 

On XXXX, we, XXXX XXXX XXXX XXXX XXXX ( hereinafter referred to as the Payer ), sent to XXXX  XXXX XXXX XXXX XXXX XXXX ( hereinafter XXXX XXXX XXXX ) a payment order bank transfer request 3 dated XXXX XXXX, XXXX to transfer the funds in the amount of USD XXXX from Payer 's account XXXX to the recipient XXXX XXXX XXXX and XXXX XXXX  XXXX XXXX to the XXXX XXXX XXXXXXXX and XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX 
According to the information provided by XXXX XXXX Bank, this payment order was transmitted for execution to your intermediary bank, The Bank of New York Mellon ( BONY ), which is the principal dollar correspondent bank XXXX XXXX XXXXXXXX XXXX, and our funds were transferred to your ( BONY ) account. 

On XXXX XXXX, XXXX, The Bank of New York Mellon ( BONY ) sent a request to XXXX XXXXXXXX XXXX for providing additional details about the Payer, and the said details were provided in full on XXXX XXXX, XXXX, by XXXX XXXX Bank to your BONY Bank via the XXXX system. Despite the provision of the requested information, the payment has remained in your BONY Bank. No further messages were received from your BONY Bank. 
On XXXX XXXX, XXXX XXXX XXXXXXXX XXXX reported on its inclusion in the U.S. sanctions lists. 
According to the response of XXXX XXXXXXXX XXXX  dated XXXX XXXX, XXXX and the response of BONY, your bank The Bank of New York Mellon ( BONY ) is still keeping hold of our funds in the amount of XXXX intended for the recipient XXXX XXXX XXXX and XXXX XXXX XXXX XXXX to the XXXXXXXX XXXX XXXX and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX 
XX/XX/XXXX We appreciated to XXXX. In reply to our request of XX/XX/XXXX, that XXXX can not locate a record of the funds described in your correspondence as being blocked. Thus, our money transfer is not subject to sanctions and is subject to release and return to us. 
XXXX in this regard we kindly ask The Bank of New York Mellon to return to us ( XXXX XXXX ) our funds in the amount of USD XXXX by transferring the amount to our bank account at XXXX XXXX XXXX or in XXXX XXXX XXXX ( attached account details ). This bank that is not included in the sanctions list. 
However, the bank did not send a response to us or XXXX XXXX XXXX  Please note that we ( the Payer ) are not included in the U.S. sanctions lists, there are no special related requirements or restrictions stipulated by the laws of any country, including the U.S. We have not committed any illegal actions ; with the above payment order we have paid for goods, the circulation of which is not restricted or prohibited. Our transactions were also in compliance with legal requirements. The XXXX XXXX XXXX has provided you with detailed related information. 
XXXX confirmed that our payment was blocked illegally Taking into consideration standards of international law, we as the legal owner of the said funds in the amount of USD XXXX have decided to refuse to transfer the funds to the recipient and return the said amount to us, and therefore WE HEREBY REQUEST : XXXX action against the bank The Bank of New York Mellon and return to us ( XXXX XXXX XXXX money funds in the amount of USD XXXX transferred from the account XXXX under the bank transfer request XXXX dated XXXX XXXX, XXXX and intended for the recipient - Suifenhe XXXX XXXX and XXXX XXXX  XXXX XXXX to the XXXXXXXX XXXX XXXXXXXX and XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX 
The specified funds should be returned either to the bank account of XXXX XXXXXXXX XXXX ( attached account details. 
Please do not hesitate to contact us by email : XXXX, and by phone : XXXX ( XXXX ) XXXX, XXXX. 

Attachments : XXXX. XXXX message from BONY 2. Answer from XXXX HELP ME, PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 


Sincerely, General XXXX of XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX, XXXX

Company response to consumer: Closed with explanation