Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]
As a courtesy, in response to this merchants unsubstantiated allegation of fraud by the independent sales rep, Ww have already closed the merchant account and reversed cancelation fees. As far as the lease goes. That is an agreement between [redacted] and first data global leasing. [redacted],...
Who is not the customer here, has confirmed (on a recorded call) that these alleged alterations were made to the Merchant Processing Agreement and not the lease agreement. In doing so she has affirmed the legitimacy of the lease agreement. Any further concerns regarding the leased equipment should go to the lease company. The customer’s indebtedness for the equipment is not with NMS. Since we have already closed the merchant account and waived fees, we have met the part of the desired settlement that applies to NMS prior to this complaint being submitted.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:The were 2 parts to the contract. A contract for services and an equipment lease. Keep in mind that I signed them together for a system that would operate together. I would have never signed the lease without the other. We were not very busy during the 2 times that the sales rep came in to discuss their services and I have 2 witnesses who heard me stress several times that their system must absolutely integrate with mine and they heard the rep promise that it will. They very much remember that. Having their system integrate was absolutely a requirement of mine (I had been told by a few merchant service vendors that their system won't integrate with mine and truth is they should have figured that out before they had me sign). The rep in fact told me that their system will integrate or they will cancel and I have a slew of texts from her indicating as much. Their stance that they have delivered the services they promised is outrageous at best. They never were able to set up the equipment or the services at all so no, I have never used it nor has it been activated by anything but their claim that their contract is valid when they have not delivered the services they promised. I don't know any company who doesn't come in an completely set up a system so that it is in working order. After I signed, the rep came out on 2 occasions of close to 2 hours each trying to get their system to integrate with my POS and she was unsuccessful. The last time she was in she told me before she left that we would know in 72 hours whether or not it would work. I never heard back after 72 hours and in fact almost 3 weeks went by before she contacted me and only after I finally found her card and contacted her; I think those actions alone speak volumes of truth about how they were unable to deliver and how she didn't want to face me knowing that they screwed me. The equipment they sold me is still in boxes on my shelf. What they haven't mentioned in their response is that they did in fact cancel their services contract with no costs to me, which they act like I should be glad about, but that I am stuck with a lease for equipment I cannot use which is $49.99 a month for 48 months (I have had a couple of merchant service vendors tell me that the only way I could use that equipment is to completely abandon my POS which is tied to my Quickbooks accounting software and that they should have never sold me that device). They canceled the services contract because they know that they did not deliver what they promised they would. Their stance of holding me to a contract when they know they were unable to deliver is an extremely unfair business practice.And I should mention that the equipment lease is with First Data which is actually owned by [redacted], and Wells also owns National Merchant Services. They like to play like they are not related but they are and given this particular set of circumstances, that they failed to successfully integrate with my POS, they should cancel both contracts not just the one. The fact that they canceled the one is evidence that they were unable to integrate as they promised. They need to cancel the other lease. They can re-sell it. I can't do that and I can't use it.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]
Upon reviewing the account Merchant ID: [redacted] it is apparent that the 36 month agreement which commencedin February of 2013 expires in February of 2016. In order to cancel a merchantaccount you would need to send a cancellation letter signed by the responsibleparty on...
the merchant account.As a Courtesy due to the experience you state you have had with National MerchantServices I am prepared to waive your $495.00 Early Termination fee. I havetaken immediate action to close your merchant account per your request. If you have supporting documentation showingyou are owed more than the 495.00 ETF then instead of waiving the ETF I am committed to issuing payment for whatwould be owed.I have taken immediate action to close your merchant account. I have not yet charged the ETF, should you decide toaccept the waved ETF as a resolution please respond letting us know that you do. If not, please provide documentation supportingwhat you claim to be owed and I will work to get you compensated provided we do in fact owe you reimbursement based on the agreement.
Upon review of the Merchant Processing Agreement and Application there are no contingencies for compatibility with any POS system. This agreement is for standalone equipment. [redacted] signed this agreement. National Merchant Services is prepared to prove that we have fulfilled...
every contractual obligation to this merchant. Is there anything in writing that the merchant can provide to support this claim that her agreement was contingent upon compatibility with hardware outside of the equipment she agreed to lease from us?
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
I was calling to the sales representative that they are going to refund money to me.last month the manager told me the sale representative don't work for them . Why he got fired ? I call at least 15 times to sale representative he told me same story they make mistakes we will refund the money to me.never happen
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. Dont call, share my number or info etc.
Sincerely,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
The document Bruce provided 32 times states "continuing your merchant account with us or use of your merchant account after 30 days will represent acceptance of these terms"I haven't used my merchant account with them since February 2014 and I closed the account with Bruce in October of 2015. The audio tape that Bruce has will prove they received my letter, and that they agreed to close the account.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
As [redacted] states, his understanding of the contractual
agreement is based on “assumptions”. National Merchant Services actions are based
on the Merchant Processing Agreementthat [redacted] signed. Our Agreement
makes no mention of a “cancel anytime” policy.
Our cancelation...
procedure is simple. You send a cancelation
letter and a cashier’s check to [redacted]. Cancelations have been handled by me (Bruce) since
August 2015(Serge’s departure from NMS). I spoke to [redacted] on October
**,2015. I never stated that “[redacted] ”. The audio recording evidences that I advised [redacted] of the cancelation procedure, still I received no cancelation letter or
check for the termination fee. If [redacted] has receipt of delivery of said
letter I would be happy to make his cancelation retroactive.
As far as increased charges, [redacted] was given notice
of increases on his January statement. This notice afforded him the opportunity
to break his agreement with no penalty should he not agree to these changes. Per his Merchant Processing Agreement the
processor can adjust pricing as needed provided we give a 30 day written
notice. I will attach this notice that was part of his monthly statement. This increase
was in accordance with the agreement and we have evidence that this merchant
was given proper notice to opt out of his agreement should he choose. He did
not exercise this option
As a resolution to this matter NMS will cancel this merchant
account provided the merchant follow the aforementioned cancelation procedure. He can contact Bruce at [redacted] for a prompt
resolution of any additional concerns.
If you look at the document closely I highlighted the applicable verbiage, "CONITNUING YOUR MERCHANT ACCOUNT or processing after 30 days will represent acceptance of these terms". There was no cancelation letter received by our office. You maintained your account passed the 30 window of time we are required to provide you. This action represents acceptance of the terms. As I have stated in a prior response, you must send a signed cancelation letter to close your account.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]
this merchant has been deleted from the dialer, All calls will cease.
Merchant has been removed from call list.
The phone number has been removed from our call list.
As a courtesy, in response to this merchants unsubstantiated allegation of fraud by the independent sales rep, Ww have already closed the merchant account and reversed cancelation fees. As far as the lease goes. That is an agreement between [redacted] and first data global leasing. [redacted],...
Who is not the customer here, has confirmed (on a recorded call) that these alleged alterations were made to the Merchant Processing Agreement and not the lease agreement. In doing so she has affirmed the legitimacy of the lease agreement. Any further concerns regarding the leased equipment should go to the lease company. The customer’s indebtedness for the equipment is not with NMS. Since we have already closed the merchant account and waived fees, we have met the part of the desired settlement that applies to NMS prior to this complaint being submitted.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:The were 2 parts to the contract. A contract for services and an equipment lease. Keep in mind that I signed them together for a system that would operate together. I would have never signed the lease without the other. We were not very busy during the 2 times that the sales rep came in to discuss their services and I have 2 witnesses who heard me stress several times that their system must absolutely integrate with mine and they heard the rep promise that it will. They very much remember that. Having their system integrate was absolutely a requirement of mine (I had been told by a few merchant service vendors that their system won't integrate with mine and truth is they should have figured that out before they had me sign). The rep in fact told me that their system will integrate or they will cancel and I have a slew of texts from her indicating as much. Their stance that they have delivered the services they promised is outrageous at best. They never were able to set up the equipment or the services at all so no, I have never used it nor has it been activated by anything but their claim that their contract is valid when they have not delivered the services they promised. I don't know any company who doesn't come in an completely set up a system so that it is in working order. After I signed, the rep came out on 2 occasions of close to 2 hours each trying to get their system to integrate with my POS and she was unsuccessful. The last time she was in she told me before she left that we would know in 72 hours whether or not it would work. I never heard back after 72 hours and in fact almost 3 weeks went by before she contacted me and only after I finally found her card and contacted her; I think those actions alone speak volumes of truth about how they were unable to deliver and how she didn't want to face me knowing that they screwed me. The equipment they sold me is still in boxes on my shelf. What they haven't mentioned in their response is that they did in fact cancel their services contract with no costs to me, which they act like I should be glad about, but that I am stuck with a lease for equipment I cannot use which is $49.99 a month for 48 months (I have had a couple of merchant service vendors tell me that the only way I could use that equipment is to completely abandon my POS which is tied to my Quickbooks accounting software and that they should have never sold me that device). They canceled the services contract because they know that they did not deliver what they promised they would. Their stance of holding me to a contract when they know they were unable to deliver is an extremely unfair business practice.And I should mention that the equipment lease is with First Data which is actually owned by [redacted], and Wells also owns National Merchant Services. They like to play like they are not related but they are and given this particular set of circumstances, that they failed to successfully integrate with my POS, they should cancel both contracts not just the one. The fact that they canceled the one is evidence that they were unable to integrate as they promised. They need to cancel the other lease. They can re-sell it. I can't do that and I can't use it.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]
Revdex.com:At this time, I have not been contacted by National Merchant Services LLC. regarding complaint ID [redacted].Sincerely,[redacted]
Upon reviewing the account Merchant ID: [redacted] it is apparent that the 36 month agreement which commencedin February of 2013 expires in February of 2016. In order to cancel a merchantaccount you would need to send a cancellation letter signed by the responsibleparty on...
the merchant account.As a Courtesy due to the experience you state you have had with National MerchantServices I am prepared to waive your $495.00 Early Termination fee. I havetaken immediate action to close your merchant account per your request. If you have supporting documentation showingyou are owed more than the 495.00 ETF then instead of waiving the ETF I am committed to issuing payment for whatwould be owed.I have taken immediate action to close your merchant account. I have not yet charged the ETF, should you decide toaccept the waved ETF as a resolution please respond letting us know that you do. If not, please provide documentation supportingwhat you claim to be owed and I will work to get you compensated provided we do in fact owe you reimbursement based on the agreement.
Upon review of the Merchant Processing Agreement and Application there are no contingencies for compatibility with any POS system. This agreement is for standalone equipment. [redacted] signed this agreement. National Merchant Services is prepared to prove that we have fulfilled...
every contractual obligation to this merchant. Is there anything in writing that the merchant can provide to support this claim that her agreement was contingent upon compatibility with hardware outside of the equipment she agreed to lease from us?
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
I was calling to the sales representative that they are going to refund money to me.last month the manager told me the sale representative don't work for them . Why he got fired ? I call at least 15 times to sale representative he told me same story they make mistakes we will refund the money to me.never happen
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. Dont call, share my number or info etc.
Sincerely,
[redacted]
Can you please specify exactly what you would like NMS to resolve for you? the complaint mentions no desired resolution.
we have already responded to this complaint. The phone number has been removed from the call list
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
The document Bruce provided 32 times states "continuing your merchant account with us or use of your merchant account after 30 days will represent acceptance of these terms"I haven't used my merchant account with them since February 2014 and I closed the account with Bruce in October of 2015. The audio tape that Bruce has will prove they received my letter, and that they agreed to close the account.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
NMS closed this lease account and will be issuing a reimbursement for all lease payments from January 2014 forward.
I have called and resolved the merchants issue. Our site [redacted] is not down and was not down at anytime yesterday.
As [redacted] states, his understanding of the contractual
agreement is based on “assumptions”. National Merchant Services actions are based
on the Merchant Processing Agreementthat [redacted] signed. Our Agreement
makes no mention of a “cancel anytime” policy.
Our cancelation...
procedure is simple. You send a cancelation
letter and a cashier’s check to [redacted]. Cancelations have been handled by me (Bruce) since
August 2015(Serge’s departure from NMS). I spoke to [redacted] on October
**,2015. I never stated that “[redacted] ”. The audio recording evidences that I advised [redacted] of the cancelation procedure, still I received no cancelation letter or
check for the termination fee. If [redacted] has receipt of delivery of said
letter I would be happy to make his cancelation retroactive.
As far as increased charges, [redacted] was given notice
of increases on his January statement. This notice afforded him the opportunity
to break his agreement with no penalty should he not agree to these changes. Per his Merchant Processing Agreement the
processor can adjust pricing as needed provided we give a 30 day written
notice. I will attach this notice that was part of his monthly statement. This increase
was in accordance with the agreement and we have evidence that this merchant
was given proper notice to opt out of his agreement should he choose. He did
not exercise this option
As a resolution to this matter NMS will cancel this merchant
account provided the merchant follow the aforementioned cancelation procedure. He can contact Bruce at [redacted] for a prompt
resolution of any additional concerns.
I think we should begin addressing this complaint by providing you with the Agreement. Where should we email that?
If you look at the document closely I highlighted the applicable verbiage, "CONITNUING YOUR MERCHANT ACCOUNT or processing after 30 days will represent acceptance of these terms". There was no cancelation letter received by our office. You maintained your account passed the 30 window of time we are required to provide you. This action represents acceptance of the terms. As I have stated in a prior response, you must send a signed cancelation letter to close your account.