Wholesale Merchant Processing Inc

Revdex.com:  Wholesale Merchant Processing has issued a full refund promptly upon accepting responsibility for their employees error. I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. Sincerely, [redacted]

When Wholesale Merchant Processing initiates an agreement with a merchant, it usually defers or waives fees that are due up front to enable a merchant to start processing credit card payments immediately.  Those fees appear on the front of the Merchant Receipt Form.  A Placement Agreement with terms and conditions is part of the agreement as I noted in my previous response.  The collection of these previously waived fees is authorized under said Placement Agreement.  This condition was in existence since the time you first signed the agreement.  Recently, we conducted an audit of all our accounts to find those in which these previously waived fees were inadvertently left unbilled.  Your account was one of the accounts we discovered.  I am including a copy of the Merchant Receipt Form and Placement Agreement.

Dear Mr. [redacted] and All Concerned Parties:
As of today, November 25, 2015, Wholesale Merchant Processing motions to close out Mr. [redacted]'s account with WMP. If Mr. [redacted] complies, WMP believes this matter will be fully resolved. WMP is mindful of the need to accommodate for the demands of the client. As a company that thrives only due to its customers’ satisfaction, Wholesale Merchant Processing often meets its customers' petitions for service changes, contract modifications, and other requests without owing any fiscal or legal obligation. In this particular scenario, WMP has reached out to the merchant and will be in regular contact within the upcoming week to ensure that the cancellation of Mr. [redacted]'s account will go as smoothly as possible.
We understand the desire for indemnity and hope to assist to the best of our ability and resources in finding a way to alleviate the situation. Here at WMP, we strongly prefer a mutually beneficial conclusion to this business matter. We regret having to end our professional contract with Mr. [redacted], but WMP fully understands the nature of a free market and that industry thrives on always putting the consumer’s and client’s preferences as first priority. We hope that in the spirit of good faith and business practice, that this will be considered a congenial end to our transaction correspondence.
Finally, WMP would like to thank Mr. [redacted] for bringing account issues to our attention. We highly value customer feedback as it helps us progress and grow as a company. Mr. [redacted] may feel free to contact me directly at [redacted] or call my office phone at (888) 381-6800 extension [redacted] with any further questions or concerns.  
Best Regards,
Anna P[redacted], PR Administrator at Wholesale Merchant Processing

Wholesale Merchant Processing recently performed an audit of accounts where the contract was terminated early before the term of the agreement was realized and fees were not previously billed.  The early termination fee that you cite appears on the Merchant Application.  You are correct that the early termination fee was eliminated and the $395.00 early termination has not been collected.  On the bottom of the Merchant Recept Form, just above your signature the form state:  "By signing below you represent and agree that (1) The information in and accompanying this for is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement."
The Placement Agreement states at item 4, Effect of Termination:  "Upon any termination WMP shall also have the right to collect from Merchant any fees that were waived including, but not limited to the Application Fee, File Build Fee, Programming Fee and Installation Fee."
In practice, WMP only collects these previously waived fees in the case of early termination.  Accordingly, you were charged for the Application Fee of $99.00; File Build Fee of $99.00; the Programming Fee of $495.00; and the Installation Fee of $199.00 that appear on the Merchant Receipt Form you signed were previously waived when you began processing also became applicable upon early termination for a total of $893.98.  
You are a sophisticated business owner who entered into a commercial contract on behalf of the business indicating a meeting of the minds.  It is your duty to read contracts in their entirety before signing them.  Failure to read the contracts before signing does not relinquish you from the costs incurred due to early termination.
A customer person, according to the notes of your account, spoke to someone by telephone and told them that the refund had been overruled.  The customer service person incorrectly stated that he spoke to a spouse.  WMP apologizes for that assumption.  The person named on the account is [redacted] so that may be what caused the confusion.

Dear valued customer, in reviewing your account and your complaint, Wholesale Merchant Processing has issued you a complete refund.  WMP regrets any inconvenience this misunderstanding may have caused.

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. Sincerely, [redacted]

To Whom It May Concern: Our firm has the pleasure of representing WholesaleMerchant Processing, Inc. (“WMP”).  Thisletter is in response to a August 5, 2015 Revdex.com complaint #[redacted] regarding electronic payment processingagreements between, Ms. [redacted] (“Ms. [redacted]”) of [redacted]...

(“[redacted]”)and WMP. This letter will address the issues raised in that letter with thehopes of achieving an amicable resolution. On or around September 19, 2012, Ms. [redacted] met with aWMP independent sales consulted to discuss the electronic payment processingservices that WMP could provide to [redacted]. Ms. [redacted], individually and onbehalf of [redacted] ,signed a Merchant Processing Agreement (“MPA”) to processelectronic payments with [redacted] (“[redacted]”), an EquipmentLease Agreement for electronic payment processing equipment with [redacted] (“[redacted]”), and a Merchant Receipt Form (“MRF”) with WMP(collectively, “Agreements”).  Uponcredit approval and acceptance by [redacted] and [redacted] the equipment was shippedand later accepted by [redacted] on September 28, 2012.  The Equipment Finance Lease for electronic paymentprocessing equipment between [redacted] and Ms. [redacted] is separate andindependent from the MRF agreement Ms. [redacted] endorsed with WMP. Regardless, partof the Agreements Ms. [redacted] entered into clearly states, in capital letters, “BYSIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ ALL 2 PAGES OF THIS LEASE, THATALL BLANK TERMS ON PAGE 1WERE FILLED IN AT THE TIME OF SIGNING, THAT I HAVEBEEN GIVEN A COPY OR OPPORTUNITY TO MAKE A COPY AND THAT I AGREE TO BE BOUND BYALL THE TERMS OF THIS GUARANTY AND LEASE.” (no emphasis added). Ms. [redacted] thensigned right beneath this line accepting the terms stated therein. The Equipment Finance Lease with[redacted] openly sets forth the terms regarding the fees for the equipmentlease. While it is unfortunate there was a misunderstanding, it was Ms. [redacted]’sresponsibility as a business owner, and personal guarantor, to read andunderstand all terms set forth for each agreement prior to signing theAgreements. Ms. [redacted] signed Agreements on behalf of herself and [redacted] to leasethe equipment and to pay for the processing of the credit card transactions forthe stated period of time. The Agreements set forth the fees associated withthe equipment and processing, all signed and personally guaranteed by Ms. [redacted].Ms. [redacted] is a sophisticated business owner whoentered into a commercial contract on behalf of herself and her business. It iswell-established law that Ms. [redacted]’s duty to read contracts in their entiretybefore signing them are imputed on her. Once Ms. [redacted] signed the Agreements, Ms. [redacted] became subject to theterms and conditions of the Agreements, including any applicable earlytermination fees.  Additionally, WMPperformed by opening a new merchant processing account and sending Ms. [redacted]’sequipment.  The terms clearly state that shewill have to pay the full term of the lease, plus any additional cancellationfees, if she were to cancel the Agreements prematurely. Ms. [redacted] is thussubject to the terms and conditions of the Agreements.  Due to Ms. [redacted] acceptance of the financialequipment and signing the Agreements on behalf of herself and Lane, she hasagreed to the terms set forth by WPS. Ultimately, WMP is committed to customer satisfactionand a mutually beneficial business relationship.  WMP is willing to work with Ms. [redacted] andcorrect any errors she can document. Regardless, WMP would like to offer [redacted]a more competitive offer than what it initially agreed to in order to help themsave money and to encourage Ms. [redacted] to stay with WMP.  [redacted] would still enjoy the advancedtechnology and service, but would also get even more competitive rates. In anyevent, we hope that Ms. [redacted] will reconsider her cancellation, and work with WMPto find a positive resolution. Should Ms. [redacted] have any further questions orconcerns please do not hesitate to email [redacted]@attorneygl.com.    For the firm,/s/James C.Huber, Esq.Global Legal LawFirm, LLP[redacted]

Complaint: [redacted]I am rejecting this response because: No action has been taken on the part of Wholesale Merchant processing. I am waiting for a call or email with details about refunding the money taken out of my account. I realize the person responsible was out of the office and will wait till March 28 for their response.Sincerely,[redacted]

Tell us why Thank you for sending in the fax confirmation.  I apologize for the delay in getting back to you.  I now have a clearer picture of the facts surrounding your cancellation.  On 10/12/11, you signed a Merchant Application and a Merchant Receipt Form (MRF).  The Merchant...

Receipt Form, just above your signature states "“By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis).Under the terms and conditions of the Placement Agreement, the initial term of the agreement is three years with an automatic renewal for additional terms of two years each unless either party notified the other within thirty days prior to the end of the current term that it did not wish to renew the agreement.  The initial three year term then, started on 10/12/11 and ended on 10/11/14.  The first automatic renewal term began on 10/12/14 and ended on 10/11/15. A second renewal term began on 10/12/15.  Your cancellation notice was fax'd to us on 11/24/15.  Unfortunately, that notice was not "within thirty days prior to the end of the current term."  The renewal term of one year had already begun so, in effect, the cancellation was an early termination and subject to the early termination fee of $395 as specified in the Merchant Application.  In addition, you stopped processing payments for over 90 days, which, under the terms and conditions of the Merchant Application allows WMP to terminate the agreement.The Placement Agreement terms and conditions also provide under item number four, “Effect of Termination”:  “Upon and termination, NAPS shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.”Due to early termination, you were billed the fees which appears on the face the Merchant Receipt Form but had been previously waived;  $495.00 Programming Fee, $199.00 Installation Fee, $99.00 File Build Fee and a $99.00 Application Fee for a total of $893.98. Finally, the Placement Agreement provided that: “Upon any termination of this Agreement, Merchant must return any Equipment to WMP.  In the event Merchant fails to return the Equipment upon request by WMP or returns equipment that is damaged, defective, malfunctioning, or it is not in good working order, Merchant shall purchase the equipment for the full retail price of the Equipment . . . “You were billed $800.00 for equipment returned.  However, the MRF specified that the equipment's value WMP is willing to adjust his rates and work with you on any issues you have if you will reconsider cancelling and continue using WMP services.  WMP is mindful of the need to accommodate demands for satisfaction.  As a company that thrives only due to its satisfied customers, WMP often meets its customer’s requests for service changes, contract modifications and other requests including waiving past fees and penalties that it is not obliged to.  WMP regrets Mr. your desire to cancel and strongly prefers a mutually beneficial conclusion to this business relationship.  Additionally, WMP strives to provide excellent customer service to merchants and would like to see an amicable resolution to this situation.  WMP would like to resume its business relationship with you and and we hope that he would consider working with WMP to find a positive resolution.  For the quickest possible resolution, please contact us at [redacted]@smartchoicepayments.comhere...

To Whom It May Concern: Our firm has the pleasure of representing WholesaleMerchant Processing, Inc. (“WMP”).  Thisletter is in response to a June 18, 2015 Revdex.com Complaint, #[redacted]regarding electronic payment processing agreements between, Ms. [redacted]of [redacted]...

[redacted] (“[redacted]”) and WMP. This letter will address the issues raised inthat letter with the hopes of achieving an amicable resolution. WMP initially spoke with Ms. [redacted] byphone on or about June 10, 2008. During that conversation, Ms. [redacted] set anappointment to meet with a WMP independent sales consultant and as scheduled,Ms. [redacted] met with WMP sales consultant to discuss credit card processingservices WMP could provide to [redacted]. On or around June 11, 2008, Ms. [redacted],on behalf of [redacted], entered into the Merchant Processing Agreement (“MPA”) withWMP and personally guaranteed all of [redacted]’s obligations under the MPA. On oraround June 11, 2008, WMP sent the processing equipment to [redacted] and Ms.[redacted] used WMP’s services for over six (6) years before wishing to cancelthe MPA. On or about May 5, 2014, Ms. [redacted]notified WMP requesting WMP cancel the MPA. Ms. [redacted] now alleges that she is incorrectly beingcharged monthly fees. Ms. [redacted] is a sophisticated business owner whoentered into a commercial contract on behalf of her business. It is Ms. [redacted]’sduty to read contracts in their entirety before signing them.  Once Ms. [redacted] signed the MPA, Ms. [redacted]became subject to the terms and conditions of the MPA, including any applicableearly termination fees.  The termsclearly state that she will have to pay the full term of the MPA, plus anyadditional cancellation fees, if she were to cancel prematurely. Pursuant to these terms, the early termination fees includeany waived fees assessed pursuant to Ms. [redacted] early termination.  See MRF, ¶5. Ms. [redacted] signed the MPA,indicating a meeting of the minds, and she became subject to the terms andconditions of the contracts, including these previously waived fees.  Moreover, WMP is activelyinvestigating this matter to see if there were any miscalculations or impropercharges related to Ms. [redacted]’s account. Upon notification of suchdiscrepancy, WMP representatives will be working with Ms. [redacted] directly inan attempt to alleviate her concerns, issue reimbursements, and cultivate anagreeable resolution. If erroneous charges have occurred, WMP will gladlyrefund the proper amount. If there are any further concerns, Ms. [redacted]’sshould contact us immediately to resolve all issues.  Ultimately, WMP is committed to customer satisfactionand a mutually beneficial business relationship.  WMP is willing to work with Ms. [redacted] andcorrect any errors she can document. In any event, we hope that Ms. [redacted] willreconsider her cancellation, and work with WMP to find a positive resolution.Should Ms. [redacted] have any further questions or concerns please do nothesitate to email [redacted]@glrlegal.com.    For the firm,[redacted]

RE: Revdex.com Complaint # [redacted]Mr. [redacted],I am writing in response to the referenced complaint with the Revdex.com.You became a customer with Wholesale Merchant Processing (WMP) on October 3,2007 when you signed a Merchant Application(MA) and a Merchant Receipt Form(MRF). WMP received a...

cancellation notice on August 11, 2011 requesting to cancelaccount on October 3, 2011. Previously, on April 21, 2011 you signed an updatedMerchant Receipt Form.On the bottom of the MRF you signed on April 21, 2011, just above her signature, theform states:“By signing below, you represent and agree that: (1) The information inand accompanying this form is complete and correct; (2) you have readand received a copy of the Placement Agreement terms and conditionsand agree to be bound by that agreement , and; (3) you are authorized asan officer, partner, manager or owner to submit to this form and to bind theMerchant to this Placement Agreement.” (underline added for emphasis).Under the terms and conditions of the Placement Agreement, the initial term of theagreement and the updated agreement was three years with an automatic renewal foradditional terms of one year each unless either party notified the other within thirty daysprior to the end of the current term that it did not wish to renew the agreement. Underthe updated MRF, then, the new initial contract term expired April 21, 2014. Therefore,your cancellation of the agreement on October 3, 2011 was an early termination. Theearly termination fee was eliminated from the Merchant Application so you were notbilled the $395.00 early termination fee.
The Placement Agreement terms and conditions also provide under item number four, “Effect of Termination”:“Upon and termination, WMP shall also have the right to collect fromMerchant any fees that were waived including, but not limited to, theApplication Fee, Programing Fee and Installation Fee.”
Due to early termination, you were billed the fees which appeared on the face of theMerchant Receipt Form but had been previously waived; $495.00 Programming Fee,$199.00 Installation Fee, $99.00 File Build Fee and a $99.00 Application Fee for a totalof $893.98.
The Merchant Application and Merchant Receipt Form did not have early terminationfees waived under the contract nor is it WMP’s custom and practice to waive all feesunder the contract. WMP oftentimes waives fees up front, such as Application fees;Programming fees; Installation fees and Monthly minimums, in order to benefit thebusiness and continue services with WMP.
Finally, a Fund Transfer Authorization is part of the Merchant Application you signedand agreed to for collection of any payments due under the Agreement. You provided avoided check for this purpose.
You are a sophisticated business owner who entered into a commercial contract onbehalf of [redacted]’s [redacted] & [redacted]. It is your duty to read contracts in their entiretybefore signing them. Failure to read the contracts before entering into an agreementdoes not relinquish you from the costs incurred under the terms of the agreement.Once you signed the agreements, indicating a meeting of the minds, you becamesubject to the terms and conditions of the contracts, including any applicable earlytermination fees.
I hope this letter helps to explain the outstanding charges you were billed for.
Sincerely,Frank F[redacted]
Legal Department,Wholesale Merchant Processing11000 SW Stratus St. Ste. 150Beaverton, OR 97008(888) 381-6800 Ext. [redacted][email protected]

Complaint: [redacted]I am rejecting this response because:Sincerely,[redacted]
 
Looking at my contract it says no termination fees, I have that in writing.   In response to a spouse I do not have one never have, I have no idea who they spoke to.  I talked to Brad 5 times after the initial call , nothing was said then except my money is on the way.  
 
It is a very poor way of doing business to take someone money out of an account five years after the date.  What would have happened if that account was closed or the business was done?  Would that business be free and clear?

Wholesale Merchant Processing Inc., thanks you for your feedback.  WMP has recently performed an audit to identify accounts with outstanding balances and/or accounts in which fees were due under  previous contract agreements.  In your case, fees that were waived at the beginning of...

the term of your agreement became payable due to the early termination of your agreement as per your the terms and conditions of that contrad.  Those fees included the Application Fee, File Build Fee, Programming Fee and Installation Fee.  The total of these fees comes to $893.98.  The recovery of these fees were provided for in the agreement you entered into. By signing the contract you also activated the provision that authorized WMP to debit your bank account for any payments due under the contract and provided a voided check for this purpose.  A customer service representative did initially tell you that he would process a refund for these fees, however, once the request was made, it was overruled by management and the customer service representative advised your spouse by telephone a few days later that the refund was rescinded.  WMP regrets any inconvenience that this situation may have caused you.

Mr. [redacted], thank you for your comments. Your feedback helps Wholesale Merchant Processing (WMP)in it's efforts to constantly improve it's customer service operations. You signed a Merchant Application and Agreement (MAA) and a Merchant Receipt Form (MRF) on April 12, 2013. At the bottom of the MRF,...

just above your signature, the form states:
“By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis).
The term of the contract as stated in Item 2, “Term and Termination” of the Placement Agreement, is three years from the date of signature with an an automatic renewal thereafter for additional terms of two years each unless either party notifies the other no later than thirty days prior to the end of the current term that it does not wish to renew. The initial term of your contract was for three years up until April, 11, 2013. Your contract auto renewed on that date for two more years since you did not notify WMP no later than 30 days prior to the end of the initial term.
The record shows that [redacted] called and left a voice mail with customer service on July 13, 2016 asking what the business needed to do to cancel the account. By that time, the contract had already renewed for two additional years. You called later that day and spoke to a customer representative who explained that your contract was automatically renewed for two years and that if you canceled, it would be considered an early termination and certain fees would be applied.
You are a sophisticated business owner who entered into a commercial contract on behalf of [redacted].  It is your duty to read contracts in their entirety before signing them.  Failure to read the contracts before entering into an agreement does not relinquish you from the costs incurred under the terms of the agreement.  Once you signed the agreements, indicating a meeting of the minds, you became subject to the terms and conditions of the contracts, including any applicable early termination fees.
WMP is willing to adjust your rates and work with you on any issues has if you will reconsider canceling and continue using WMP’s services.  WMP is mindful of the need to accommodate demands for satisfaction.  As a company that thrives only due to its satisfied customers, WMP often meets its customer’s requests for service changes, contract modifications and other requests that it is not obliged to.  WMP regrets your desire to cancel with WMP and strongly prefers a mutually beneficial conclusion to this business relationship.  Additionally, WMP strives to provide excellent customer service to merchants and would like to see an amicable resolution to this situation.  WMP would like to resume its business relationship with you and and we hope that you will consider working with WMP to find a positive resolution.  For the quickest possible resolution, I encourage you to contact our customer service expert at [redacted]@smartchoicepayments.com or call at (503)-997-6513.

Complaint: [redacted]I am rejecting this response because:This is not a solution to the problem.All equip has been sent back to the company and need a contract closure.Sincerely,[redacted]

Dear Ms. [redacted]:
I am in receipt of your complaint with the Revdex.com.
From our records it appears that you first became a customer of Wholesale MerchantProcessing when you signed a Merchant Application (MA) and a Merchant ReceiptForm (MRF) on October 7, 2008.
Attached to the MRF...

is a Placement Agreement which contains the terms andconditions of the contract. On both the MA and the MRF, just above the signature line,contain the following language:
"By signing below, you represent and agree that: (1 ) The information inand accompanying this form is complete and correct; (2) you have readand received a copy of the Placement Agreement terms and conditionsand agree to be bound by that agreement, and; (3) you are authorized asan officer, partner, manager or owner to submit to this form and to bind theMerchant to this Placement Agreement." (underline added for emphasis).
The term of the contract as stated in Item 2, "Term and Termination"of the PlacementAgreement, is three years from the date of signature with an an automatic renewalthereafter for additional terms of two years each. Therefore, the initial term of thecontract for credit card processing ran until October 7, 201 1. On November 9, 2011 youcalled WMP customer service to cancel your account because the business was beingclosed. At that time your contract had automatically renewed for a new two year te rm.Therefore your cancellation was an early termination. Accordingly, you were billed foran early termination fee of $250.00 as you stated in your comments to the Revdex.com.
The Placement Agreement terms and conditions also provide under item number four,"Effect of Termination":
"Upon and termination, WMP shall also have the right to collect fromMerchant any fees that were waived including, but not limited to, theApplication Fee, Programing Fee and Installation Fee."
The previously waived fees appear on the face of the MRF: $495.00 Programming Fee,$199.00 Installation Fee, $99.00 File Build Fee and a $99.00 Application Fee for a totalof $893.98.
Finally, you gave WMP a "funds transfer authorization" when you signed the MA. Youprovided a voided check to us for that purpose.
You are a sophisticated business owner who entered into a commercial contract onbehalf of Performance Coatings. It is your duty to read contracts in their entirety beforesigning them. Failure to read the contracts before entering into an agreement does notrelinquish you from the costs incurred under the terms of the agreement. Once yousigned the agreements, indicating a meeting of the minds, you became subject to theterms and conditions of the contracts, including any applicable early termination fees.I hope this letter helps to explain to you where the amount that was debited from youraccount generated from and what those charges were for.
Sincerely,Frank F[redacted]Legal DepartmentSmart Choice Payments11000 SW Stratus St. Ste. 150Beaverton, OR 97008(888) 381-6800 Ext. [redacted][email protected]

Their story does not match what I was told when I cancelled the account due to selling my business, and I believe that is the reason they waited years to contact me about it.  
To reinforce that, I have added two attachments.  Written on the 1st page of the contract (please see attached file [redacted] 001.jpg), "credit 300 for cancellation" and "fee waived cancellation", which would indicate I completed my obligation to them when I cancelled my account.  
What has been done on both pages of the contract I attached - is that the business recently added circles, asterisks and text to show what fees I did not pay.  None of this was indicated on the original contract.  I contend that changing a contract after the fact is not honest, this I will take up with the attorney general.  I still want a letter or email to the fact that I owe nothing to this business.  
No sane business waits 5+ years to attempt to collect 'debts'.  A company waits five years to hope people have tossed paperwork and have forgotten details, then changes a few documents and hope to make a few easy bucks.  From what I have read online this has been moderately successful strategy for this company, and why this company and it's numerous aliases rate as substandard by any set of business standards and ethics you want to use as a benchmark.

Complaint: [redacted]I am rejecting this response because:
I spoke with the company in 2011 when I paid the $250 cancellation fee, if there were any other penalties and was told no.
Again in 2013 when the company tried to charge another $250 cancellation fee, I was refunded any told no other fees were owed.
You can not simply wait 5 years after contract was cancelled and make up fees to charge someone.
I have the full copy of my contract and these fees are not in the contract.
Sincerely,[redacted]