Consumer complaint received 2019-09-20
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
On XX/XX/XXXX, I paid a {$1000.00} deposit and the remaining {$7700.00} on XX/XX/XXXX ( for a total of {$8700.00} ) using my American Express ( AMEX ) card  for XXXX on XX/XX/XXXX at XXXX XXXX XXXX for a XXXX with XXXX XXXX and XXXX XXXX ( XXXX XXXX XXXX from my XXXX to my XXXX to open up the airways ) to resolve XXXX XXXX. Following XXXX, I started developing serious XXXX and other complications and XXXX. In XX/XX/XXXX, I contacted AMEX to inform them of this and letting them know that my surgeon is insisting I wait a few months until the swelling subsides, and asking them how long I had to submit a dispute for the {$8700.00} charges. The AMEX customer service representative informed me I had a year from the date of the charges. 

In XX/XX/XXXX, I began a Tort claim against XXXX XXXX for malpractice for the XXXX and XXXX XXXX I had endured and will continue to endure the rest of my life, including future surgeries and medical bills. XXXX XXXX denied it and only offered a settlement of the {$8700.00} XXXX fee, which I declined to settle for, as I could recover that through AMEX under the Consumer Credit Law given they had not performed the services I had paid for, as I will explain below. 

On XX/XX/XXXX, I submitted a detailed dispute ( Ref # XXXX ) to AMEX for {$8700.00} regarding the above-mentioned case reference. Kindly refer to that original claim. On XX/XX/XXXX AMEX responded with an outrageous reply that my case was closed because this claim fell under Tort Law and not Consumer Credit Law. Allow me to explain why your Dispute Team, whom I was not able to speak to directly which is also ludicrous misconstrued the claim submitted. After several days and lack of response and insistence that I could not speak to anyone in the Dispute Department directly, a supervisor in their customer service department informed me that there is nothing they could do for me as this is a medical service that I was unhappy with, and again dismissed my dispute. They are not understanding that this was NOT an XXXX XXXX XXXX that resulted in poor results this was as an intended health-related XXXX to resolve my XXXX XXXX by a qualified XXXX surgeon, but it was not done, therefore, was not what I had paid for which left me with permanent health issues. I was used as a guinea pig at this medical institution ( the surgeon allowed his resident to perform the XXXX, which resulted in the wrong XXXX mostly a XXXX! ) and thus the separate tort claim. 

I provided four supporting documents to AMEX, which I attach : ( i ) My cover letter explaining the claim, ( ii ) 3 pages from the XXXX notes, ( iii ) the email from the Claims Adjuster ; and ( iv ) the XXXX Fee Agreement. I may have admittedly provided too much information about my claim against the hospital and confused the original Amex Dispute Team, but subsequently, I fully and clearly explained it over and over and over highlighting  the fact that the Tort Claim against the hospital for the damages caused due to the malpractice was completely separate from the dispute claim with AMEX for the payment made to them for the XXXX which was not performed according to what was agreed and paid for. The reason I included the supporting documents was to show them that in fact the services paid for was NOT rendered and therefore, according to Consumer Credit Law and American Express policies, I have a right to request a refund through my financial institution. The supporting documentation was used to show the following purposes : 1. Surgery Fee Agreement : lists septoplasty, turbine reduction and rhinoplasty with  auriculary cartilage gratfing as the main cost of the XXXX to improve my breathing. You will see, the XXXX notes prove, no turbine reduction and no auriculary cartilage gratfing were performed. 
2. XXXX Notes : the XXXX plan ( see 2nd page ) fails to list septoplasty as one of the  purposes of the XXXX ( instead, they wrongfully listed XXXX, which was never agreed to ), but it lists turbine reduction and auriculary cartilage gratfing as the purpose of the XXXX. However, later on in the XXXX notes, they show that they only performed a rhinoplasty and septoplasty! Nothing else that I paid nor planned for was done, which was why I ended up with severe breathing problems and a deformed nose! 
3. Email from the Claims Adjuster : This was included to show that XXXX XXXX admits they are at fault and are willing to at least reimburse the cost of the XXXX. 

I could provide all these documents to CFPB upon request, given they include personal information.

Company response to consumer: Closed with explanation