Consumer complaint received 2024-09-05 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: AMERICAN EXPRESS COMPANY
State: CA

Complaint narrative:
Dear Consumer Financial Protection Bureau this complaint is in reference to American Express. I have sent American Express the following instruments for set-off and crediting the account. 
Express Gold Card XXXX on XXXX XXXX in the amount of XXXX XXXX on XX/XX/XXXX in the amount of {$5400.00} ( Sent to indentured Trustee XXXX ) Never credited the account. 
XXXX on XX/XX/XXXX in the amount if {$6400.00} on XXXX on XX/XX/XXXX in the amount of {$6500.00} ( XXXX and XXXX I did not receive a statement for ) For a total of {$23000.00} Platinum Card : XXXX on XX/XX/XXXX in the amount of {$10000.00} XXXX on XX/XX/XXXX in the amount of {$10000.00} to American Express Indenture Trustee at Sent to XXXX ) Never Credited the account XXXX on XX/XX/XXXX in the amount of {$14000.00} XXXX on XX/XX/XXXX in the amount of {$17000.00} XXXX on XX/XX/XXXX in the amount of {$22000.00} XXXX on XX/XX/XXXX in the amount of {$28000.00} For a total of {$100000.00} I AM CLAIMING ALL INSTRUMENT AND REFUTING OBLIGATIONS OF THIS PRESENTMENT FROM AMERICAN EXPRESS UNDER UCC 3-306. I AM ACTING IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKING MY ABILITY TO PAY THIS PRESENTMENTS UNDER UCC 3-302. I AM REFUSING TO TENDER PAYMENT ON THIS NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER XXXX 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I AM EXERCISING MY RIGHT TO REQUEST A DISCHARGE OF THIS PRESENTMENT UNDER UCC 3-601, 3-603, 3-604. I EXPECT AMERICAN EXPRESS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE COMMERCIAL CODE REQUESTS UNDER UCC 1-304. 
AMERICAN EXPRESS PLATINUM AND AMERICAN EXPRESS GOLD CARD Ive sent 1099As to American Express as well in which they sent me back a letter stating that no 1099A is required therefore they will not be crediting the account in the amount. 

All powers of attorney have been terminated for these contracts through the IRS and I have sent a copy of the revocation of power of attorney to Amex as well as appointment of Power of attorney, Acceptance of appointment, form XXXX and XXXX. I asked American Express to change the liability of these accounts over to my trust. In which American Express states that this can not be done. Which I know this is untrue the fact of the matter is it has already been done. And American Express is reluctant to Transfer the liability of this account over to my trust because they have transferred my receivables over to their trust for their enrichment and benefit. Lets look at American Express Company XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Acceptance of time draft for customer 's benefit : Publicpolicy : Power to lend credit : Certified checks : Ultra viresacts : Estoppel : Statutes : Legislative construction : Weight : Costs : Disbursement for bond in garnishment.1. Acceptance by a bank of a draft payable in ninety days for the benefit of a customer without security or consideration is not within the description " buying, discounting and negotiating promissory notes, bonds, drafts, bills of exchange, foreign and domestic, and other evidences of debt, '' which by sec. XXXX XXXX, Stats. XXXX, the bank has power to do. XXXX. Under the power to negotiate their own bills and drafts, banks have the power to indorse them, since that is the usual mode of transferring title to such paper. XXXX. A bank has no power to become the guarantor of another 's obligation without benefit to itself, unless expressly permitted by its charter or the governing statute. XXXX. There is no such similarity between certified checks and drafts payable at a future date that the authority given by sec. XXXXXXXX XXXX XXXX XXXX  to issue certified checks implies the power to issue time drafts. XXXX. Though the courts finally determine the construction of statutes, the legislative construction thereof is entitled to consideration and often has great weight. XXXX. A corporation can not commit the rank injustice of enriching itself by retaining the fruits of a contract and then repudiating it. It is evident from this case law that American Express Bank has still committing XXXX XXXX Acts and securities fraud. Therefore, I wasnt asking permission but rather giving notice to AMEX that this has already been done. In fact I give American Express Permission to move forward with this complaint. American Express was tendered several instruments properly endorsed in accordance with 31 CFR 328.4, 31 CFR 328.5, 31 CFR 328.6. AMEX keeps sending me generic letters stating that they do not accept instruments. Ive even talked to a representative via chat and these representative continuously state that American Express does not accept negotiable instruments. This is laughable and offensive as it is stated on page XXXX of the Amex Statement it states that they do accept instruments. The account was created with several instruments. According to the Privacy Act of 1974 and 5 usc 522a it shall be unlawful to give your social security number to anybody who is not government. American Express definitely is not the government. However according to the law a social security card is a credit card which gives access to ones unlimited credit. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Pursuant to Section XXXX of the Base Indenture, the Notes are hereby established with the following terms and other provisions : Section 2.1Designation and Principal Amount ( a ) There is hereby authorized a series of Securities designated the 5.625 % Fixed-to-Floating Rate Subordinated Notes due XX/XX/XXXX, in the initial aggregate principal amount of {>= $1,000,000}. ( b ) The Company may, from time to time, subject to compliance with any other applicable provisions of the Indenture but without the consent of the Holders of Notes, create and issue pursuant to the Indenture an unlimited principal amount of additional Notes ( in excess of any amounts theretofore issued ) having the same terms and conditions to those of the other Outstanding Notes, except that any such additional Notes ( i ) may have a different issue date and issue price from other Outstanding Notes and ( ii ) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other Outstanding Notes. Such additional Notes shall constitute part of the same series of Notes as the Notes initially issued hereunder. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Section XXXX of Payment and Surrender for Registration of Transfer Payment of principal of ( and premium, if any ) and interest on the Notes shall be made, the transfer of Notes will be registrable and Notes will be exchangeable for Notes of other denominations of a like principal amount at the office or agency of the Trustee maintained for such purpose, initially the Corporate Trust Office . Payment of any principal ( and premium, if any ) and interest on Notes issued as Global Notes shall be payable by the Company through the Paying Agent to the Depositary in immediately available funds. Interest on Notes issued in physical form will be payable ( i ) by a U.S. dollar check drawn on a bank in The City of New York mailed to the address of the Person entitled thereto as such address shall appear in the Security Register, or ( ii ) upon application to the Security Registrar not later than the relevant Regular Record Date by a Holder of Notes of a principal amount of the Notes in excess of {>= $1,000,000}, by wire transfer in immediately available funds.Section 2.4Registered Securities ; Form ; Denominations ; Depositary ( a ) The Notes shall be issued in fully registered form as registered Securities and shall be initially issued in the form of one or more permanent Global Securities ( the GLOBAL NOTES ) in the form of ExhibitA hereto. The Notes shall not be issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of the Indenture, and the Company and the Trustee, by their execution and delivery of the Indenture, expressly agree to such terms and provisions and to be bound thereby. ( b ) The Notes shall be issued in minimum denominations of {$2000.00} and integral multiples of {$1000.00} in excess thereof. Section 2.5Interest ( a ) The Notes shall accrue interest : ( i ) from, and including, the Issue Date to, but excluding, XX/XX/XXXX ( the FIXED RATE PERIOD ) at a rate per annum equal to 5.625 % ( the FIXED INTEREST RATE ), payable semi-annually in arrears on XX/XX/XXXX and XX/XX/XXXX of each year ( each, a FIXED RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid ; and ( ii ) from, and including, XX/XX/XXXX to, but excluding, XX/XX/XXXX ( the FLOATING RATE PERIOD ) at a rate per annum equal to Compounded XXXX % ( the FLOATING INTEREST RATE ), payable quarterly in arrears on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ( each a FLOATING RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid. I have reached out to American Express investors relations and XXXX XXXX. I gave them XXXX business days to respond. Both have not responded to my request. I have sent Default letters to American Express and they have yet to respond. My account ( XXXX ) were closed done on XXXX the XXXX and no explaination was given this is the email that I recived from American Express : We are writing to inform you that, after a recent review, yourAmericanExpress account ( XXXX ) listed above has been cancelled. Heres what that means No further charges will be approved, so please ensure any Additional Card Members are aware of this change. If you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy any Card ( XXXX ) you may have for the account ( s ) .Youll also receive this information via mail.Notice Regarding Accounts of New York Card Members1 The cancellation of the account ( XXXX ) listed above affects points or rewards that were earned as follows : Membership Rewardspoints. You can redeem any earned Membership Rewards pointswithin 90 daysof the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited unless you have another XXXX linked to the same Rewards Account that is not cancelled.Reward Dollars. You can redeem any earned Reward Dollars within 90 days of the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited.Blue Sky or FreedomPass Points. You can redeem any earned XXXX XXXX or XXXX XXXX points within 90 days of the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited. 
XXXX XXXX. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. 

Lowes Rewards. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. 
All redemptions of points or rewards are subject to applicable terms and conditions. 
On XX/XX/XXXX I received the following Email from American Express : Hello XXXX XXXX, XXXX decided to close your account ( XXXX ) We are writing to you today because we have recently taken actions on your account and we would like to explain why. We have also decided to close your account ( XXXX ) listed above. No further charges will be approved, so please ensure any Additional Card Members are aware of this change. f you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy the Card ( s ) you may have for the account ( s ).

Heres how we made this decision We made this decision for the following reason ( s ) : You were previously advised that the abuse of the billing error dispute process could result in the cancellation of your account ( s ). Upon review of your account ( s ), it was observed that you opened disputes cases in a manner that is inconsistent with good faith exercise of the right to assert a billing dispute.

Our cancellation of your account ( s ) listed above affects rewards or cash rebates you may have accumulated as follows : Membership/Cash Back/Blue Sky Reward. If you have any Membership/Cash Back/Blue Sky Reward points linked to this account, they will be forfeited immediately upon cancellation. The only exception is a non-cancelled account that remains in your Membership Rewards program.

Were here for you If you feel that our evaluation of your account is inaccurate or if you have any questions, please contact us in writing at the following address : AmericanExpressCompany General Counsels Organization Litigation & Investigations XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX Going forward, that is the only group atAmericanExpressthat is permitted to discuss any dispute or claim related to your account ( XXXX ). 

Sincerely, AmericanExpress The Creditor for this account isAmericanExpressNational Bank, AENB. 

Notice to XXXX XXXX 

The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age ( provided that the applicant has the capacity to enter into a binding contract ) ; because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerningAmericanExpressNational Bank, XXXX is the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX ( the " Bureau '' ). The federal agencies that administer compliance with this law concerningAmericanExpressTravel Related Services Company , Inc. are the Bureau ( address above ) As you can see from the numerous instruments that I have continuously tendered in Good Faith.

American Express closing my account was exercised in bad faith. As it states in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. 
( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the XXXX, acreditoroperating an open end consumer credit plan XXXX not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit acreditorfrom applying against the credit limit on the obligors account the amount indicated to be in error. 
( e ) Effect of noncompliance with requirements by creditor Anycreditorwho fails to comply with the requirements of this section orsection 1666a of this titleforfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and anyfinance chargesthereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. American Express has acting in bad faith by closing my account without my written consent to do so. American Express has acted in bad faith by requesting my to open a new account and stating that they can not reinstate any closed account. But according to the American Express Card Member agreement it states the following : Account Re-opening {$25.00} if your Account is cancelled, you ask us to re-open it, and we do so. Asking me to reapply for these accounts is in fact another form of securities fraud as this would generate another security for American Express. 
American Express has acting in Bad faith by committing theft and not rectifying this situation. Under UCC 3-603 ( b ) " 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. '' Since the instruments tendered for the American Express Gold card amounted to {$23000.00}, the amount discharged is { {$23.00}, XXXX }. The money orders tendered for the American Express Platinum card amounted to {$100000.00} ; then the amount discharged to the American Express Platinum card is { {$100000.00} } This is a BREECH of Agreement and BREECH of Fiduciary Duties, and BREECH of Trust. American Express has been is selling " debt Securities '' off my Social Security Number off of my authorized users social security number and off of the EIN number that was provided and also off of my Trust EIN that was also provided to them without giving any consideration to me or any of us for that matter, and never gave any full disclosure. It was NOT my INTENT when I opened the account to UNDERWRITE SECURITIES! This is breech of Trust and Breech of Agreement. I have also since learned that as a woman, who can not be a " person '' is not authorized to use Federal Reserve Notes and to do so is a crime of Impersonation and Counterfeiting. I have sent American Express notice that I am unable to pay with Federal Reserve Notes as they request due to the facts that : 1. Whereas Federal Reserve Notes are a debt instrument and one can not pay any debt with a debt 2. Whereas Federal Reserve Notes have only one authorized use " Federal reserve notes, to be issued at the ; discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized '' XXXX. Whereas Article 1 section 8 Clause 1 dictates that, Congress shall ... Pay the Debts ; and, 4. Whereas Article I, Section 8, Clause 5 grants, Congress shall have Power to coin Money, regulate the Value thereof... and Section 10 sates, no state shall make any Thing but gold and silver Coin a Tender in Payment of Debts. ; and, 5. Whereas in the United States, legal tender is statutorily defined as all coins and currency issued by the United States Treasury or the Federal Reserve System, including fiat money coins and notes but this definition exceeds Congress power under the Constitution; and 6. Whereas existing legal tender law ( 31 U.S.C. 5103 ), first passed in 1862, declares Federal Reserve Notes to be legal tender but, such notes are not legal tender in the constitutional sense, because they are fiat money and bills of credit ( no longer backed by gold since 1933 ), which the Constitution forbids ( Article 1 Section 10 ) ; and, 7. Whereas according to the statutes and rules that govern the Federal Reserve System, bills and other certificates of indebtedness are obligation of the United States ( 18 USC 8 ) and as a non-citizen, non-resident, non-federal reserve agent, non-federal reserve bank Affiant is not authorized to pay using the Federal Reserve System ( 12 USC 411 ). American Express must prove that I, as a living woman, has any ability to pay under the law, and that I actually have a lawfully owed debt by showing me all documentary evidence. As a Federally Protected Consumer, I am now OPTING OUT of ANY and ALL Authorization ( XXXX ) that I, XXXX XXXX, XXXX have given the American Express ; whether written, unwritten, verbal or non-verbal as per : 12 CFR 1016.7 ( a ) ( 1 ) ( ii ) - Form of opt-out notice to consumers ; opt-out methods 15 USC 6802 ( b ) ( 1 ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information ***This Opt-Out Authorization is effective IMMEDIATELY and INDEFINITELY!

Company response to consumer: Closed with explanation