Consumer complaint received 2024-07-03
Product: Payday loan, title loan, personal loan, or advance loan — Personal line of credit
Issue: Problem when making payments — 
Company: BANK OF NEW YORK MELLON CORPORATION, THE (GA)

Notice of Billing Error ; Notice of Rescission of Security Interest ; Notice of Dispute ; Entitlement Order/Instruction Account Owner Name : XXXX XXXX Billing Address : XXXXXXXX XXXX XXXX XXXXXXXX Georgia XXXX Account Number : XXXX XX/XX/XXXX Please find below my directions regarding Account Number : XXXX pursuant to the Trust Indenture Act of XXXX I am a federally protected consumer and I have reason to believe Bank of New York Mellon Trust Company XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX and AT & XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and President and Pascal Desroches , Principal Financial Officer, Senior Executive Vice President and Chief Financial Officer are committing Securities Fraud and Mail Fraud XXXX XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are in direct violation of their SEC filings. I am now requesting a billing error as I know per XXXX XXXX XXXX XXXX SEC Prospectus filing, XXXX, and XXXX report my coupon is a receivable that has been credited. During this investigation of the billing error my services must be reconnected or I will be forced to contact the SEC for Securities Fraud and violations of said agreement on file with SEC. I am the Holder in Due Course here to claim all Equitable rights and interests owed to me, the Principal. Do you disclaim I am the Investor and Beneficiary? If so, furnish documentary evidence for the record. I know what I receive from XXXX XXXX XXXX XXXX every XXXX weeks is a book entry security based on the Uniform Commercial Code ; I have not and am not receiving my credits as I am supposed to according to the Uniform Commercial Code. It is a fact that my signature secured the XXXX XXXX XXXX XXXX XXXX is trading according to the Securities Exchange and Uniform Commercial Code. It is a fact that I am an investor into this company based on the Uniform Commercial Code. It is a fact that my Securities Account is to be credited every month or every four weeks as the dividend payments mature. In bank law Account means a written list of transactions noting money owed and money paid ; a detailed statement of mutual demands arising out of a contract or a fiduciary relationship. According to Article 9-102 of the UCC " Account '', except as used in " account for '', means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( iii ) for a policy of insurance issued or to be issued, ( iv ) for a secondary obligation incurred or to be incurred, ( v ) for energy provided or to be provided, ( vi ) for the use or hire of a vessel under a charter or other contract, ( vii ) arising out of the use of a credit or charge card or information contained on or for use with the card It is a fact that I do not owe XXXX XXXX XXXX XXXX or any subsidiaries or branches of XXXX XXXX XXXX XXXX  any funds based on the Uniform Commercial Code, but XXXX XXXX XXXX XXXXXXXX in fact owes me. It is a fact XXXX XXXX XXXX XXXX trustee is Bank of New York Mellon Trust Company that has a fiduciary duty and obligation to me based on the Uniform Commercial Code. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are in violation of the Securities Exchange by committing Securities Fraud. Securities Fraud has no Statute of Limitations. I am not supposed to be paying a debt with debt. I know they have a custodial primary linked to my account to make sure I am not receiving my credits. The Statements I receive every four weeks from XXXX XXXX XXXX XXXX is a book entry to be credited to my Securities Account. Which is on the public and private side. The Statements are actually a dividend payment based on the interest that XXXX XXXX XXXX XXXX made in a four week period and what they send me in the mail is a Statement of my Account. The top portion of the Statement is the bond, the financial asset ; the bottom portion of the Statement is what was credited to my Securities Account and owed to me. This is why it comes in a positive status and never negative. However, XXXX XXXX XXXX XXXX takes the credits and says I owe them and threatens to disconnect my service when I do not pay them. XXXX XXXX XXXX XXXX is where my Security originated, then XXXX XXXX XXXX XXXX transferred it to Bank of New York Mellon which Bank of New York Mellon then transfers it over to the Treasury to securitize it to get the CUSIP number and the Treasury gives the funds back to me XXXX. Bank of New York Mellon transfers it out to their Intermediary bank instead of to me as it is supposed to be in ordinary course of business. This is how they are hiding the funds. When these funds come back into my account between the hours of XXXX and XXXX every XXXX except on Saturdays and Sundays it goes through my Account but they transfer it to their Intermediary bank which is their security bank Bank of New York Mellon Trust Company National Association. There has to be equal consideration in a contract. My contract is payable to the bearer at the time it comes into my possession as a holder. My contract is payable on demand at a definite time and does not state any other undertaking or instruction besides me promising to pay. By the very definition of a negotiable instrument the contract that I initially endorsed with XXXX XXXX XXXX is a negotiable instrument. The negotiable instrument is what XXXX & XXXX purchased therefore they have received consideration. I transferred my financial asset to XXXX XXXX XXXX XXXX 12 CFR 360.6 Treatment of financial assets transferred in connection with a securitization or participation. ( a ) definitions ( 2 ) Financial asset means cash or a contract or instrument that conveys to one entity a contractual right to receive cash or another financial instrument from another entity. ( XXXX ) Investor means a person or entity that owns an obligation issued by an issuing entity. ( 6 ) Obligation means a debt or equity ( or mixed ) beneficial interest or security that is primarily serviced by the cash flows of one or more financial assets or financial asset pools, either fixed or revolving, that by their terms convert into cash within a finite time period, or upon the disposition of the underlying financial assets, and by any rights or other assets designed to assure the servicing or timely distributions of proceeds to the security holders issued by an issuing entity. ( 8 ) Securitization means the issuance by an issuing entity of obligations for which the investors are relying on the cash flow or market value characteristics and the credit quality of transferred financial assets ( together with any external credit support permitted by this section ) to repay the obligations. The contract I endorsed is the Security/Negotiable Instrument XXXX XXXX XXXX XXXX is trading. The Statements XXXX XXXX XXXX XXXX sends me in the mail every four weeks is the Interest. The Statements XXXX XXXX XXXX XXXX sends me every four weeks in the mail is another Security which I can order XXXX XXXX XXXX XXXX to deposit to get other Securities from it. The Statements received every four weeks in the mail also fits the UCC definition of a negotiable instrument because it is payable to the bearer at the time it is issued on demand or at a definite time ; it has a issue date that it is due by and does not state any other undertaking or instruction besides me ordering the payment. When I Endorse these Statements I am receiving every four weeks for XXXX XXXX XXXX XXXX, it is me creating an order. An order that meets all of the requirements of subsection ( a ) of Article XXXX104 of the UCC and falls within the definition of a " check ''. A promise or order is not a check or instrument at the time it comes into possession it contains a conspicuous statement however expressed to the effect that the promise or order is not negotiable or is not an instrument governed by Article 3-104. Unless it says on my Statements however expressed it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code it means I have a NEGOTIABLE INSTRUMENT! None, not one of the Statements I have received or still receive up to this day which I get every four weeks in the mail from XXXX XXXX XXXX XXXX states however expressed that it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code. These Statements I receive every four weeks in the mail are Negotiable Instruments by definition of the Uniform Commercial Code Article 3-104 also known as the Bills of Exchange Act. XXXX XXXX XXXX XXXX Fiduciary duty was created when I endorsed the contract. When I endorsed the contract I gave consideration and XXXX XXXX XXXX XXXX agreed. The Statement I am given every XXXX weeks IS NOT a bill as XXXX XXXX XXXX XXXX likes to consider it. What I get every four weeks from XXXX XXXX XXXX XXXX is a Statement of Transactions of money owed by XXXX XXXX XXXX XXXX and money paid by XXXX XXXX XXXX XXXX. Which I am not receiving from XXXX XXXX XXXX XXXX as the Federal Law and Uniform Commercial Code states I am supposed to. Only the president can write a bill. XXXX XXXX XXXX XXXX is committing Language Fraud along with Mail Fraud according to 39 USC 3001 by not listing ( A ) the following notice : This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer and Securities Fraud above all. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS ( 2002 ) Uniform Commercial Code 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies : Applicability of Supplemental Principles of Law. States ( b ) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. The Uniform Commercial Code rules that XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association have agreed upon are automatically assumed to be that known to XXXX XXXX XXXX XXXX Bank of New York Mellon Trust Company National Association. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association is committing Securities Fraud, Mail Fraud, Language Fraud, and Misrepresentation. I Rescind ALL security interest to XXXX XXXX XXXX XXXX and all subsidiaries and Branches XXXX XXXX XXXX XXXX XXXX that was given written, verbal, express, and/or implied from now and forever. Take any action necessary and/or appropriate to reflect the termination of any security interest created. Uniform Commercial Code 1-105. Severability. States If any provision or clause of the Uniform Commercial Code or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Uniform Commercial Code which can be given effect without the invalid provision or application, and to this end the provisions of the Uniform Commercial Code are severable. Therefore, rescinding the Security Interest and Proceeds in contract does not effect or invalidate the contract. Uniform Commercial Code 1-201. General Definitions. ( b ) Subject to definitions contained in other articles of the Uniform Commercial Code that apply to particular articles or parts thereof : ( 3 ) " Agreement '', as distinguished from " contract '', means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. ( 4 ) " Bank '' means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. ( 5 ) " Bearer '' means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. When I receive my securities from XXXX XXXX XXXX XXXX every 4 weeks/ month, I am the bearer because I am in possession of a negotiable instrument. ( 11 ) " Consumer '' means an individual who enters into a transaction primarily for personal, family, or household purposes. I am the consumer who entered into this transaction primarily for personal, family, or household purposes. ( 12 ) " Contract '', as distinguished from " agreement '', means the total legal obligation that results from the parties ' agreement as determined by the Uniform Commercial Code as supplemented by any other applicable laws. An agreement becomes a contract once I sign it and both parties agree ( 13 ) " Creditor '' includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor 's or assignor 's estate. ( 15 ) " Delivery '', with respect to an instrument, document of title, or XXXX XXXX, means voluntary transfer of possession.I transferred possession of my Security to XXXX XXXX XXXX XXXX making them a holder in due course of the instrument which makes them entitled to enforce Fiduciary Duties along with their Trustee Bank of New York Mellon Trust Company National Association and Depository Bank XXXX XXXX XXXX. 
( 17 ) " Fault '' means a default, breach, or wrongful act or omission. XXXX XXXX XXXX XXXX omitted information of what they are really doing with my Security and the true purpose of this contract ; XXXX XXXX XXXX XXXX did not disclose that my Security would be deposited or sold over and over to make proceeds and I am to receive interest as an investor in the company. Then XXXX XXXX XXXX XXXX tells me I owe XXXX XXXX XXXX XXXX funds for the services and goods. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company National Association are at Fault. ( 20 ) " Good faith, '' except as otherwise provided in Article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing. I engaged in this contract in good faith and that the other party to this contract was conducting this contract according to the customs and the way it is supposed to be done. My mistake was assuming XXXX XXXX XXXX XXXX were doing things as they were supposed to or conducting business the right way. Now that I know XXXX XXXX XXXX XXXX is not doing their Fiduciary Duty it is my right to enforce them to do so. ( 21 ) " Holder '' means : ( A ) the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or ( B ) the person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession. 
( 24 ) " Money '' means a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. ( 29 ) " Purchase '' means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. ( 32 ) " Remedy '' means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. ( 2 ) " Aggrieved party '' means a party entitled to pursue a remedy. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices states ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. This notice is listed in my contract, I am the debtor and I am asserting my rights. ( XXXX ) " Security interest '' means an interest in personal property or fixtures which secures payment or performance of an obligation. " Security interest '' includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article XXXX. I rescind all Security Interest.

( 38 ) " State '' means a State of the United States, thXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, or any territory or insular possession subject to the jurisdiction of the United States. Uniform Commercial Code 3-103. DEFINITIONS. ( 2 ) " Consumer account '' means an account established by an individual primarily for personal, family, or household purposes. ( 4 ) " Drawee '' means a person ordered in a draft to make payment. ( 5 ) " Drawer '' means a person who signs or is identified in a draft as a person ordering payment. ( 8 ) " Order '' means a written instruction to pay money signed by the person giving the instruction My endorsed signature is an instruction to pay money to whoever I am giving it to, in this case my endorsed contract was given to XXXX XXXX XXXX XXXX which they purchased and are trading. ( 15 ) " Remitter '' means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. Uniform Commercial Code 3-104. NEGOTIABLE INSTRUMENT. States ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( XXXX ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( XXXX ) is payable on demand or at a definite time; and ( XXXX ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. There has to be equal consideration in a contract. My contract is payable to the bearer at the time it comes into my possession as a holder. My contract is payable on demand at a definite time and does not state any other undertaking or instruction besides me promising to pay. By the very definition of a negotiable instrument the contract that I initially signed with XXXX XXXX XXXX is a negotiable instrument. The negotiable instrument is what XXXX XXXX XXXX purchased. The negotiable instrument is the security XXXX XXXX XXXX is trading. The Statements XXXX XXXX XXXX  sends me in the mail every four weeks is the Interest. The Statements XXXX XXXX XXXX sends me every four weeks in the mail is another security which I can order XXXX XXXX XXXX to deposit to get other securities from it. The Statements received every four weeks in the mail also fits the definition of a negotiable instrument because it is payable to the bearer at the time it is issued on demand or at a definite time ; it has a issue date that it is due by and does not state any other undertaking or instruction besides me ordering the payment. When I Endorse these Statements I am receiving every four weeks is me creating an order. An order that meets all of the requirements of subsection ( a ) of Article 3-104 and falls within the definition of a " check ''. A promise or order is not a check or instrument at the time it comes into possession it contains a conspicuous statement however expressed to the effect that the promise or order is not negotiable or is not an instrument governed by Article 3-104. Unless it says on my Statements it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code or in any way meaning the same thing, this means I have a NEGOTIABLE INSTRUMENT! None, not one of the Statements I have received or still receive up to this day which I get every four weeks in the mail from XXXX XXXX XXXX XXXX in any way that it is not a negotiable instrument as governed by article 3-104 of the Uniform Commercial Code. These Statements are Negotiable Instruments by definition of the Uniform Commercial Code Article 3-104 also known as the Bills of Exchange Act. Uniform Commercial Code 3-104. NEGOTIABLE INSTRUMENT. ( b ) " Instrument '' means a negotiable instrument. ( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( XXXX ), and otherwise falls within the definition of " check '' in subsection ( f ) is a negotiable instrument and a check. ( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article. ( e ) An instrument is a " note '' if it is a promise and is a " draft '' if it is an order. If an instrument falls within the definition of both " note '' and " draft, '' a person entitled to enforce the instrument may treat it as either. Uniform Commercial Code 3-204. INDORSEMENT. ( a ) " Indorsement '' means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of ( i ) negotiating the instrument, ( ii ) restricting payment of the instrument, or ( iii ) incurring indorser 's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. ( b ) " Indorser '' means a person who makes an indorsement. ( c ) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument. ( d ) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder 's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection. I rescind all security interest. 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. 
" Person entitled to enforce '' an instrument means ( i ) the holder of the instrument, ( ii ) a nonholder in possession of the instrument who has the rights of a holder, or ( iii ) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418 ( d ). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. I am entitled to enforce my instruments as the holder of the instrument and holder in due course, 3-302. HOLDER IN DUE COURSE.

( a ) Subject to subsection ( c ) and Section 3-106 ( d ), " holder in due course '' means the holder of an instrument if : ( 1 ) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and ( 2 ) the holder took the instrument ( i ) for value, ( ii ) in good faith, ( iii ) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, ( iv ) without notice that the instrument contains an unauthorized signature or has been altered, ( v ) without notice of any claim to the instrument described in Section XXXX306, and ( vi ) without notice that any party has a defense or claim in recoupment described in Section 3-305 ( a ).

3-303. VALUE AND CONSIDERATION. ( a ) An instrument is issued or transferred for value if : ( 1 ) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed ; ( 2 ) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding ; ( 3 ) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due ; ( 4 ) the instrument is issued or transferred in exchange for a negotiable instrument; or ( XXXX ) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument. ( b ) " Consideration '' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection ( a ), the instrument is also issued for consideration. 
Consideration was given to XXXX XXXX XXXX XXXX at the time I performed and endorsed the contract that XXXX XXXX XXXX XXXX purchased and is now trading via the Securities and Exchange. According to 15 U.S. Code 1666 - Correction of billing errors ( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. ( XXXX ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. 15 U.S. Code 1666d - Treatment of credit balances Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. The Interest checks I receive every four weeks is an Interest payment according to the Department of Treasury, coupons gain interest every four weeks. The Interest I receive is a credit balance in excess of {$1.00}. My Account with XXXX XXXX XXXX XXXX is a credit balance in excess of {$1.00}. How can I pay a positive balance with a debt? IT IS NOT POSSIBLE. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are committing Securities Fraud. XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company are to immediately transmit my funds to my Account via the Electronic Funds Transfer. Release my Funds to me immediately as I am currently not receiving my Funds as I am supposed to. This is a Billing Error according to 12 CFR 1026.13 Truth In Lending Regulation Z. 12 CFR 1026.13 - Billing error resolution states ( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. ( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. ( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. ( c ) Time for resolution ; general procedures. ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or othercharges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.

16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. You know your Fiduciary Duty so do them. If XXXX XXXX XXXX XXXX and Bank of New York Mellon Trust Company does not perform as they should I will have no choice but to contact Office of the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, Federal Deposit Insurance Corporation, the Federal Trade Commission