Consumer complaint received 2024-03-19
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Application denied
Company: AMERICAN EXPRESS COMPANY (OH)

On XX/XX/24 I submitted an application for a American Express XXXX card Ref # XXXX. On XX/XX/24 I received a letter stating I was denied due to my XXXX score on the XX/XX/24. On XX/XX/24 I sent a notarized letter for Investor Relations Department at American Express Company, C/O XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , Ny XXXX XXXX That letter pointed out that due to the lack of communication regarding my last correspondence I am demanding that my security be returned to me. My application consists of my public information, my social security number, my address and my date of birth. I feel beyond uncomfortable with your institution holding on to my private information, since your institution has decided not to conduct business with me. I am rescinding my signature on that application, and I require my authoritative copy back. To which I received a form letter stating they were unable to retrieve my information. I have also sent registered mail to American Express 's Owner XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, Delaware XXXX and their Indenture Trustee XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX New york XXXX XXXX The moment I electronically signed their application I became an investor and a note holder with this company. 

In their indenture agreement American Express states in Section 1.04 ( a ) Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person or by agent duly appointed in writing ; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee, and, where it is hereby expressly required, to the Company. Such instrument or instruments ( and the action embodied therein and evidenced thereby ) are herein sometimes referred to as the Act of the Holders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and ( subject to Section 8.01 hereof ) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section 1.04.

( d ) Any request, demand, authorization, direction, notice, consent, waiver or other action by the Holder of any Security shall bind the Holder of every Security issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done or suffered to be done by the Trustee or the Company or any agent of the Trustee or the Company in reliance thereon, whether or not notation of such action is made upon such Security.

Section 1.05 Notices, etc., to Trustee and Company.

Any request, demand, authorization, direction, notice, consent, waiver or Act of Holders or other document provided or permitted by this Indenture to be made upon, given or furnished to, or filed with, ( a ) the Trustee by any Holder or by the Company shall be sufficient for every purpose hereunder if made, given, furnished or filed in writing to or with the Trustee at its Corporate Trust Office, or ( b ) the Company by the Trustee or by any Holder shall be sufficient for every purpose hereunder ( except as provided in Subsection ( d ) of Section 7.01 hereof ) if in writing and mailed, first-class postage prepaid, to the Company addressed to it at the address of its principal office specified in the first paragraph of this instrument or at any other address previously furnished in writing to the Trustee by the Company.

According to your institution 's prospectus A certificate is not a deposit and neither the certificates nor the underlying accounts or receivables are insured or guaranteed by the Federal Deposit Insurance Corporation or any other governmental agency. The certificates will represent interests in the issuing entity only and will not represent interests in or obligations of American Express Company, the Sponsor, the Depositor, the Servicer or any of their affiliates.

Section 2.03. Registration, Transfer and Exchange of Notes ; Persons Treated as Noteholders. The Authority shall cause books for the registration and for the transfer of the Notes as provided in this Indenture to be kept by the Trustee which is hereby appointed the transfer agent of the Authority for the Notes. Notwithstanding such appointment and with the prior written consent of the Authority, the Trustee is hereby authorized to make any arrangements with other institutions which it deems necessary or desirable in order that such institutions may perform the duties of transfer agent for the Notes. Upon surrender for transfer of any Note at the XXXX XXXX XXXX XXXX XXXX, duly endorsed for transfer or accompanied by an assignment duly executed by the Noteholder or his attorney duly authorized in writing, the Authority shall execute and the Trustee shall authenticate and deliver in the name of the transferee or transferees a new fully registered Note or Notes of the same Class and for a like aggregate principal amount. 

Notes may be exchanged at the XXXX XXXX XXXX XXXX XXXX for a like aggregate principal amount of fully registered Notes of the same Class in Authorized Denominations. The Authority shall execute and the Trustee shall authenticate and deliver Notes which the Noteholder making the exchange is entitled to receive, bearing numbers not contemporaneously outstanding. The execution by the Authority of any fully registered Note of any Authorized Denomination shall constitute full and due authorization of such denomination and the Trustee shall thereby be authorized to authenticate and deliver such fully registered Note. For so long as the Notes are issued in book-entry form in the name of the Clearing Agency or its nominee, all transfers of beneficial interests in the Notes shall be made in accordance with Section 2.08 hereof.

As to any Note, the Person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of either principal or interest on any fully registered Note shall be made only to or upon the written order of the Noteholder thereof or his legal representative but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums paid.

Section 4.02. Covenant to Perform Obligations Under This Indenture. The Authority covenants that it will faithfully perform at all times and at all places all covenants, undertakings, stipulations, provisions and agreements contained in this Indenture, in any and every Note executed, authenticated and delivered hereunder and in all proceedings of the Authority pertaining thereto. The Authority covenants that it is duly authorized to issue the Notes authorized hereby and to enter into this Indenture and that all action on its part for the issuance of the Notes issued hereunder and the execution and delivery of this Indenture has been duly and effectively taken ; and that such Notes in the hands of the owners thereof are and will be valid and enforceable obligations of the Authority according to the tenor and import thereof. In consideration of the purchase and acceptance of the Notes by those who shall hold the same from time to time, the provisions of this Indenture shall be a part of the contract of the Authority with the owners of the Notes and shall be deemed to be and shall constitute a contract among the Authority, the Trustee and the Noteholders from time to time.

The application I submitted to American Express became a security once I applied my signature. A security that is being sold/traded on the secondary market which according to this institutions prospectus and indenture agreement is a clear violation of their SEC filing . By law I can not de denied their platinum card due to my signature providing them with a valuable instrument that will sell for the next three years.

It Is the responsibility of the Issuer and Indentured Trustee to ensure my platinum card is issued to me at once. The Issuer and Indentured Trustee are required to perform as specified within the Indenture and the quoted Indenture sections listed above. Additionally, it is my understanding that these institutions are selling my securities on the secondary markets even though in their prospectus they specifically state, and I quote from their prospectus under Risks Relating to the Notes " We do not intend to apply for listing of the notes on any securities exchange or for quotation through any automated dealer quotation system. '' If they do not perform their fiduciary duty and follow the action given, I will be forced to report them to the SEC for SECURITIES FRUAD alongside a financial securitization audit of my account. I don't want to be at odds with this institution and I implore them to work with me for the continued prosperity of their company.