Consumer complaint received 2015-10-12
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Other financial service
Sub-product: Traveler’s/Cashier’s checks
Issue: Lost or stolen check

Complaint:
Travelers Checks were bought in XXXX from XXXX and XXXX ( " Bank '' ) and American Express Company ( " AmEx '' ), relying upon promised reimbursement within XXXX hours of notice of lost/stolen checks. On XXXX/XXXX/XXXX, I discovered {$1600.00} in checks were missing. XXXX different claim forms provided by AmEx for lost/stolen checks were submitted as directed on XXXX/XXXX/XXXX and XXXX/XXXX/XXXX, and repeatedly through XXXX/XXXX/XXXX. On XXXX/XXXX/XXXX, a third set of forms ( Travelers Cheque Refund Reimbursement Agreement and Terms & Conditions-Purchase Agreement ) sent by AmEx was returned ( by certified mail, email and fax ). There have been numerous emails, faxes, and letters, and conversations with XXXX AmEx and XXXX Bank agents. See Attachment XXXX Chronology ( summary of contacts ) and Attachments XXXX ( copies of all correspondence ). 

I was advised the checks had not been and likely could not be cashed as they are on high alert. AmEx supervisor XXXX ( office in XXXX ) stated in conversation memorialized in my cover letter dated XXXX/XXXX/XXXX that my XXXX claims were satisfactory and would be paid within 15 business days after AmEx received the third set of forms. AmEx received those forms, modified as discussed, on XXXX/XXXX/XXXX ; but they have not paid. 

Instead, they engaged in a modus operandi of deliberate continuing, repetitive pattern of unfair, deceptive, abusive and discriminatory practices designed to delay and defraud - similar to wide-spread reports in the news media and on the internet, affecting large numbers of buyers of AmEx services ( like Travelers ' Checks, XXXX, XXXX, XXXX, XXXX or XXXX ), all seemingly supervised by the same agents/offices. See Attachment XXXX. 

On XXXX/XXXX/XXXX, XXXX subordinate, XXXX, telephoned to discuss the Reimbursement Agreement and Purchase Agreement. I had difficulty understanding his accent and asked him to send an email/letter specifying any problems and precise directions for remedy. No response has been received. 

On XXXX/XXXX/XXXX I demanded Bank reimburse, as promised in XXXX. I provided copies of the attached documents. On XXXX/XXXX/XXXX and XXXX/XXXX/XXXX I spoke by phone with Bank Officer XXXX XXXX, who reported AmEx agent XXXX told her the problem was that the agreed-upon cross-out deletions on the forms were made with black ink pen and yellow highlighter ( as XXXX requested ), but AmEx did not want the black ink. 

This difference, without substantive distinction, raised integrity issues re AmEx confirming the intended deletions of : acknowledging failure to comply ; agreeing AmEx could not stop payment on checks ; releasing AmEx from all actions, liabilities, contracts ; waiving the right to challenge authenticated signatures ; paying all AmEx costs, expenses and attorneys fees ; waiving the right to jury trial ; agreeing to jurisdiction and venue in XXXX XXXX County, Utah ; and waiving any claims of lack of jurisdiction and forum non conveniens. The deletions also removed a purchase agreement sought by AmEx 20 years after purchase, reciting numerous matters not originally agreed to, seeming to be extortion by supposed fiduciaries to force a new contract of adhesion. 

On XXXX/XXXX/XXXX I spoke with XXXX superior XXXX XXXX, who said that Bank would find someone higher at AmEx in the United States, not XXXX, nor overseas, and " escalate. '' On XXXX/XXXX/XXXX XXXX telephoned to say she had contacted XXXX XXXX at AmEx who would call me. I got a message from XXXX and returned the call ; but XXXX, who was in, declined it. I was told by AmEx agent XXXX that she and XXXX worked in the XXXX, subordinate to XXXX in XXXX. Thus there was no escalation ; it all ended up full-circle back on the treadmill with XXXX. My subsequent telephone messages to XXXX, XXXX and XXXX went unanswered. I have not been reimbursed.

Company response to consumer: Closed with explanation