Debt collection -- Attempts to collect debt not owed -- Complaint #4432675

Complaint Overview

Complaint ID: 4432675

Company: American Express Company

Product: Debt collection

Sub-Product: Credit card debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: New York

ZIP Code: 105XX

Date Received: 2021-06-04T12:00:00-05:00

Date Sent to Company: 2021-06-04T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This complaint is both an addendum and response to complaint XXXX where t XXXX, XXXX and XXXX XXXX continues to advance a false claim of business credit card owed by me on behalf of American Express by presenting an unsigned credit card card agreement that they apparently fabricated in their office by claiming somehow it is evidence of a debt owed when they know better or should know that the fabricated credit card agreement is invalid and has no legal merit since is not binding as an agreement or contract is binding and legal upon signature akckowelding the terms of the agreement. Despite knowing this or should know this as a basic fact, they continue to be engaged in unethical conduct at best and if not illegal conduct at best by claiming that an unsigned document which appears to have been fabricated by the law firm proves or validate that I, as an individual is responsible for a third party 's debt. American Express could not produce any credit card agreement since it does not exist but its law firm fabricated one. It is evident that the law firm fabricated the so called credit card agreement since American Express confirmed to me in writing and to the CFPB on XX/XX/XXXX with a letter dated XX/XX/XXXX which is a date after the law firm magically produced a credit card agreement that magically appeared since American Express does not keep records of credit card application documents for more than 5 years. In my case, these two credit cards in question were issued 9 and 7 years ago. See attached letter. If American Express does not have any such records, then where did XXXX, XXXX and XXXX XXXX obtain such credit card agreement unless fabricated which is the reason why the credit card agreement that you presented is unsigned. This suggests that American Express may not have fabricated the apparent fabricated credit card agreement but instead it was apparently fabricated by the law firm. Second showing the last payment made on the credit card is irrelevant since the company as the credit card holder made its payment monthly from XXXX to XXXX until they can no longer pay since the company operations were closed and these payments were made from the company 's account and not my personal account. I have no liability since this is a corporate credit card and not a personal card. As such, you must cease and desist promoting your false claim. Third, you continue to insist that I take the matter to the court when I have no reason to do so. If you insist on me taking this matter to the court, I will honor your insistence but I will not file a lawsuit in the court but instead will file an additional complaint with the Supreme Court of New York, Appelate Division, First Department with oversight over lawyer conduct to either fine or admonish your conduct as it is unethical for an attorney to knowingly advance a false claim supported by nothing except your representation that I have personal liability for your claim with no credit card application showing that I applied as a co-applicant or guarantor and such application is signed by me with a credit card agreement signed by me. These documents are called primary evidence. You have none. Further, it would be intellectual dishonesty to do so since the court understands the difference and nuances of business debts vs personal debts and when a principal in a business is responsible for such debts. In absence of any signed documents that the principal has agreed to guarantee to pay the debt of the business, your claim would be invalidated. You are behaving as if Cannon Law 1 DR I-101 Maintaining Integrity and Competence of the legal profession does not apply to you. How does it demonstrate integrity when you are using an unsigned credit card agreement likely fabricated in your office as evidence. Cannon Law 1 Dr I-102 for Misconduct. Does your apparent fabricated credit card agreement demonstrate competence for all the reasons described in previous complaints as well as captioned in the above texts and below texts. Fourth, I am an unrepresented individual so far and the idea that a non-lawyer is intimidating a law firm staffed with more than one attorney is only meant to raise eyebrows with provocative language. I am not using the CFPB to probe pre-litigation or intimidate attorneys as you claim but using the CFPB as I should to raise abusive conduct by creditors and attorneys where the creditor is maliciously trying to collect business debts by passing it as a consumer debts. The CFPB was created to prevent these types of abusive conduct. Fifth, I did not guarantee any debt for the credit card owner, XXXX XXXX XXXX XXXX XXXX since XXXX XXXX XXXX XXXX is a corporation and not a sole proprietorship where the owner and the business are the same and all liabilities of the business are the liabilities of the owner. Sixth, you keep mentioning litigation and urge me to litigate instead because you know that you have no cause of action to bring the matter to court on your own when your own apparent fabricated credit card agreement requires arbitration. You know well that your own apparent fabricated document would be sufficient enough to cause a judge to dismiss any case that your law firm would file with the court not only because it is signed by no-one and certainly not by me, XXXX XXXX and therefore invalid, but also upon reading the support documents in a possible summons and complaint, a judge would dismiss your case by granting my motion to dismiss since the court would lack jurisdiction over the matter if your apparent fabricated credit card agreement is relied upon for a cause of action since the court does not arbitrate and your apparent fabricated credit card agreement requires arbitration. Additionally, even if your law firm were to file a demand for arbitration, I do not have any obligation to respond as my response would be voluntary since I am not a bound party to arbitration since I did not sign any previously written agreement between me and American Express to pre-agree to arbitration which would have been binding. You are further aware that I am not bound to respond to any demand to arbitrate which is why you are encouraging me to take the matter to court instead and you will respond since you know that your case will be a loosing case if you were to take it to court yourself since you have no primary and direct evidence for the claim that you are advancing. To that end, you must stop all legal harrassment and pursue collection of the debt against XXXX XXXX XXXX XXXX, the party responsible for the business credit cards. The business doe snot have have a legs and hands and obviously someone had to submit the application on its behalf and sign the application on its behalf which is all I have done as an agent.

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