Consumer complaint received 2024-05-06 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with additional products or services purchased with the loan
Company: BANK OF NEW YORK MELLON CORPORATION, THE
State: AZ

Complaint narrative:
CFPB COMPLAINT XXXX XXXX. THE BANK OF NEW YORK MELLON Negatable Instrument. Notary Protest and Dishonor UCC 3-505 is provided in attachments of this email. Evidence of dishonor is provided in attachment. Indenture Trustees have a Fiduciary duties and responsibility Section 315 Duties and Responsibility of the Trustee / Subsection ( c ) of Section 313 Issue : Breach of Contract/Default in Dishonor & Non-Performance of Negatable Instrument This is the final attempt to resolve or bring a resolution to this issue between XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX & XXXX XXXX XXXX XXXX XXXX The Bank of New York Mellon XXXX XXXX XXXX XXXX XXXX XXXX Trustee.As the Indenture Trustee of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of SEC form XXXX The Bank of New York Mellon XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ACT OF XXXX, The Securities XXXX of XXXX, The Securities XXXX XXXX of XXXX, XXXX INDENTURE ACT OF XXXX. XXXX XXXX XXXX, XXXX did XXXX payment according to contract with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX kept XXXX Car and The Bank of New York Mellon XXXX XXXX XXXX never XXXX Negatable Instrument, nor rebutted or reply regarding Presentment of payment with Negatable Instrument. XXXX XXXX and XXXX XXXX XXXX is provided in attachments of this email. Evidence of dishonor is provided in attachment. Indenture Trustees have a Fiduciary duties and responsibility Section XXXX Duties and Responsibility of the Trustee / Subsection ( c ) of Section 313. This is a request of Recoupment, XXXX XXXX XXXX the creator of the negotiable instrument that was signed by agent, THE BANK OF NEW YORK MELLON XXXX XXXX XXXX and others are using it, XXXX XXXX XXXX XXXX XXXX XXXX is requesting recoupment, means XXXX XXXX XXXX XXXX want our property back or have the account setoff and credits Returned along with Recoupment. Recoupment in practice is a counterclaim in a civil procedure. That is how one does a RE-COUPMENT. XXXX XXXX XXXX XXXX XXXX TRUSTEE understand that there is an arbitration agreement in place. XXXX XXXX XXXX XXXX has not filed a counterclaim on the grounds as of yet, to recoupment as and Credits against obligation of United State 12 U.S.C 8. This Complaint has been filed by XXXX XXXX XXXX XXXX AND Assignees to set off debt and recoup credits. XXXX XXXX XXXX XXXX can use the financial liability of the accounting ledger to offset the financial asset we have the right to do that. XXXX XXXX XXXX has the right to do that if you are the creditor on the liability side and the bank or lending institution is the debtor on the liability side. XXXX XXXX XXXX gave a negotiable instrument THE BANK OF NEW YORK MELLON XXXX XXXX XXXX, and THE BANK OF NEW YORK MELLON XXXX XXXX XXXX is required to give XXXX XXXX XXXX XXXX a cash receipt, however was never issued THE BANK OF NEW YORK MELLON XXXX XXXX XXXX owes XXXX XXXX XXXX XXXX that money under a recoupment of/or asset. XXXX XXXX XXXX request receipts on negotiable instrument issued to THE BANK OF NEW YORK MELLON XXXX XXXX XXXX or return negotiable instrument issued to THE BANK OF NEW YORK MELLON XXXX XXXX back to XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX request offset in accounting ; in the XXXX it is called a recoupment. XXXX XXXX XXXX is asking in defense in recoupment under XXXX XXXX, and a claim under XXXX, XXXX XXXX XXXX XXXX have XXXX XXXX and property claim against the cash proceeds under the liability side of the ledger. XXXX XXXX, there can not be a holder in due course on a negotiable instrument. Under XXXX XXXX XXXX XXXX ( L ) ( XXXX ) when you deposit a negotiable instrument, it becomes a cash item. It becomes the equivalent of cash because of a cash receipt that was never issued by THE BANK OF NEW YORK MELLON XXXX XXXX upon receipt of the XXXX XXXX POSTAL SERVICE. XXXX XXXX, XXXX of the heads of the XXXX XXXX. He has been a government witness in court cases regarding XXXX. NOTED : XXXX XXXX XXXX XXXX is the creditor on the payables side of the ledger. THE BANK OF NEW YORK MELLON XXXX XXXX XXXX owes XXXX XXXX XXXX money. XXXX XXXX XXXX XXXX is bringing up recoupment and Request collection on the receivables. Under civil rule XXXX, XXXX XXXX XXXX XXXX XXXX XXXX has a right to bring a mandatory counterclaim, which is based on the same transaction. Under the rules XXXX XXXX XXXX XXXX XXXX XXXX does not waived it and not ignorant of the rules. So, in XXXX XXXX XXXX XXXX XXXX TTEE Request for recoupment in the request non-response. THE BANK OF NEW YORK MELLON XXXX XXXX XXXX puts in admissions that they admitted by non-response. Please respond so we have no dilemma or affidavit of a lost note or destroyed instrument. Under UCC 3-309 you have to show four elements to claim a lost instrument : 1 ) you were in possession at the time it was lost ; 2 ) you have the right of enforcement of the note ; 3 ) you have to show that the obligor on the note is indemnified by you against and future claims ; 4 ) the loss was not due to a transfer. THE BANK OF NEW YORK MELLON XXXX XXXX XXXX is not applying the correct accounting entries under XXXX. THE BANK OF NEW YORK MELLON XXXX XXXX XXXX is treating both account as a trade receivable through securitization as an off-balance sheet financing technique. Since THE BANK OF NEW YORK MELLON XXXX XXXX XXXX has accepted the instrument that I have tendered, XXXX XXXX XXXX has a claim or processionary right in the instrument and its proceeds under 3-306 of the UCC. Any defense and any claim in recoupment under section 3-305 of the UCC, which I shall exercise at my option, if THE BANK OF NEW YORK MELLON XXXX XXXX XXXX XXXX not credit my account. The 1099-OID will identify who the principal is from, which capital and interest were taken, and who the recipient or who the payer of the funds are, and who is holding the account. the creator of the negotiable instrument that was signed by agent.

Company response to consumer: Closed with explanation