Consumer complaint received 2024-05-29 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: AMERICAN EXPRESS COMPANY
State: FL

Complaint narrative:
XXXX XXXX XX/XX/year> Dear American Express : This letter is to inform you of the payment instrument that was mailed out to you on XX/XX/year>. Enclosed in that envelope is the remittance coupon you sent me, which I have accepted for value, consideration, and honor according to the Uniform Commercial Code and returned to you in good faith as tender of payment of the balance currently on my account, in the full amount of {$8200.00} Amex platinum ( XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX {$6300.00} Amex GOLD XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ). After the deposit of this payment, please adjust the ledgering of the account for the balance or debt on the account to read {$0.00}. 

This payment is for immediate processing and deposit only. I have mailed this payment to what is reasonably ascertained to be the correct address, according to my statements and card agreement. This tender of payment includes a restrictive endorsement, as seen on the front of the coupon which states : Without recourse, U.C.C. 1-308, Therefore, I have mailed it to the address provided. If, however, this address is not the correct division or department, please forward it to the appropriate agency or official for immediate processing. If the appropriate official is unknown, please forward it to the CFO or CEO of American Express for processing. 

Payment Refusal or Decline : PLEASE BE NOTICED : Only if this tender of payment is refused by any party on behalf of American Express, then pursuant to Uniform Commercial Code 3-603 ( b ) and 3-311, the Debt is Discharged, up to the amount of the tender.

U.C.C. 3-603 ( b ) states : If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

U.C.C. 3-311 ( a ) and ( b ) state : If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply.

Unless subsection ( c ) of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. 


Billing Error : PLEASE BE FURTHER NOTICED : Only if tender of payment of this remittance coupon is refused or declined by American Express, will they then be in commercial dishonor, and a Billing error will immediately be incepted as of the date of refusal, due to refusal to accept tender of payment under U.C.C. 3-603 ( b ) and 3-311. Such a billing error would be pursuant to 15 U.S.C. 1666, and the Truth in Lending Act ( Regulation Z ) pursuant to 12 C.F.R. 1026.13 and 1026.13 ( a ) ( 6 ).

If such situation of decline or refusal of tender of payment occurs, then based upon the above authorities : The amount of the instrument in dispute or the balance hereafter owed of {$15000.00} can not attempt to be collected by American Express from me until resolution of the billing error ; American Express is prohibited from issuing any adverse credit reports based upon failure to pay such disputed amount during the billing error resolution process ; Closure of the my account by American Express is prohibited based upon a good faith assertion of a billing error ; and, American Express must contact me ( the obligor ) within a reasonable amount of time to acknowledge that any payment was refused or declined, the reasons therefore, and also to acknowledge a claim of a billing error has been incepted, and receive further information from me about the specific billing error that is being claimed for proper resolution. 



Thank you so much for your time and help in this matter and I hope you have a great day! 

Respectfully,

Company response to consumer: Closed with explanation