Consumer complaint received 2024-01-03 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: AMERICAN EXPRESS COMPANY
State: CO

Complaint narrative:
**Subject : CFPB Complaint COMPANYS FAILURE TO CREDIT TENDERED PAYMENT** XXXX TACKING NUMBER : XXXX Account Ending XXXX Account Ending XXXX Account Ending XXXX Account Ending XXXX Dear Consumer Financial Protection Bureau, I am writing to file a complaint against American Express regarding a failure to credit the tendered payment for the discharge of outstanding balances on the accounts listed below. This situation violates the Uniform Commercial Code ( UCC ) Section 3-603 on Tender of Payment and Section 3-604 on Discharge by Cancellation or Renunciation. 

**Details of the Event : ** 1. **Date of Tendered Payment : ** XX/XX/2023 2. **Receipt Acknowledgment by American Express : ** Confirmed on XX/XX/2023 3. **Promised Crediting Time : ** Within 7 days, as communicated by American Express . 
4. **Current Date : ** XX/XX/2023 5. **Status : ** No credit applied ; accounts still reflect outstanding balances.

**Legal Grounds : ** The Uniform Commercial Code, specifically UCC Section 3-603, governs the effects of tender of payment. According to this section, if tender of payment is made to a person entitled to enforce the instrument and the tender is refused, there is a discharge to the extent of the amount of the tender. 

Furthermore, UCC Section 3-604 outlines that a person entitled to enforce an instrument may discharge the obligation of a party to pay the instrument by an intentional voluntary act, such as destruction, mutilation, or cancellation of the instrument. The failure to credit the tendered payment within the communicated timeframe implies potential actions against my instruments, suggesting a violation of this code. 

**Requested Remedies : ** I request the following remedies : 1. **Immediate discharge of the sum total** listed on the tracking for payment, With no Adverse action against me or my accounts.

2. **Compensatory damages : ** A payment of {$1000.00} for every day American Express continues to be delinquent. ( CURRENT TOTAL : {$40000.00} ) **Explanation : ** The failure to credit the tendered payment within the communicated timeframe is a breach of contract and violation of the UCC . I seek immediate resolution and compensation for the financial harm caused by American Express 's delay in processing the tendered payment. 

I appreciate your prompt attention to this matter and request a thorough investigation into the actions of American Express. I trust that the Consumer Financial Protection Bureau will take appropriate measures to ensure compliance with federal regulations. 

**Enclosures : ** - XXXX Tracking Details for the TENDER DELIVERED XX/XX/2023 - 3-603. TENDER OF PAYMENT - 3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION. 
XXXX Chat Log with AMEX REP -and Notice of Billing Error Provided to American Express after Not Crediting the accounts Listed Above I look forward to your prompt response and resolution of this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation