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| TransNational BankcCard INC Jeff Hatchett lied, and withheld part of the contract. Won't allow withdrawal without a $250 penalty. Not only with me but |
| 12th of Feb, 2013 by User630357 |
TransNational hasn't really provided me with the help that I had hoped, using their credit card system. I have been on this program since September and paid them $15 plus a month penalty for the lack of use. I have decided that I have given it enough of a try and have attempted to cancel. Mr Hatchett insists that they are going to charge me $250 to discontinue. He insists that I have a three year contract and have agreed to pay $250 fee to discontinue before that. His only suggestion is that I try it for another 5-6 months, costing me another $90 or so, THEN pay the $250 if I want to continue. Mr Hatchett said I agreed to this. What I signed saying that I agreed to it was headed, "Acceptance of merchant application and terms & conditions/merchant authorization". There was a lot of math and conditions on that page and I assumed that that was it. When pushed to see the terms and conditions that agreed to a three years contract and a $250 discontinuation fee, he finally admits that I never saw it. Below is our correspondence.~ Sherry From: Jeffery Hatchett To: "[email protected]" Sent: Tuesday, January 15, 2013 12:28 PM Subject: RE: Advance Deposit Form Hello Sherry, Here is the legal language that describes the length of term and cancellation fees. It can be found in the attached complete terms and conditons. Although you did no see or read the terms and conditions, by signing the application you agreed to its provisions. 13. TERM AND TERMINATION. This Card Services Agreement shall remain in full force and effect for an initial term of three (3) years. This Card Services Agreement shall be automatically extended for successive one (1) year periods on the same terms and conditions expressed herein, or as may be amended, unless Merchant gives written notice of termination as to the entire Card Services Agreement or a portion thereof at least 60 days prior to the expiration of the initial term or any extension or renewals thereof, in which case this Card Services Agreement will terminate at the end of the then-current term. Notwithstanding anything to
the contrary set forth herein, in the event Merchant terminates this Card Services Agreement in breach of this Section 13, the following amount(s) shall be immediately due and payable to Global Direct: the lesser of (a) the maximum amount permitted by state law, and (b) the amount of $250, such amount being immediately due and payable to Global Direct. Merchant hereby authorizes Global Direct to accelerate the payment of such applicable amount(s) and to deduct such total amount(s) from Merchant’s account referenced in Section 5, or to otherwise withhold the total amount(s) from amounts due to Merchant from Global Direct, immediately on or after the effective date of termination. If the Merchant’s account does not contain sufficient funds for the debit or the amount cannot be withheld by Global Direct from amounts due to Merchant, Merchant shall pay Global Direct the amount due within ten (10) days of the date of Global Direct’s invoice for same. The payment as described here is not a penalty, but rather is hereby agreed by the parties to be a reasonable amount of liquidated damages to compensate Global Direct for its termination expenses and all other damages under the circumstances in which such amounts would be payable. Such amount(s) shall not be in lieu of but in addition to any payment obligations for Services already provided hereunder (or that Global Direct may continue to provide), which shall be an additional cost, and any and all other
damages to which Global Direct may be entitled hereunder. Notwithstanding the foregoing, if Merchant provides Global with written notice within forty-five (45) days of Merchant’s execution of this Card Services Agreement that it wishes to terminate this Card Services Agreement immediately, Merchant shall not be responsible for the payment of the above-referenced amount(s), but shall be responsible for compliance with all other terms and conditions set forth in this Card Service Agreement, including but not limited to payment for all fees incurred prior to the termination of this Card Services Agreement. Notwithstanding the foregoing, Global Direct may terminate this Card Services Agreement or any portion thereof upon written notice to Merchant. Furthermore, Global Direct may terminate this Card Services Agreement at any time without notice upon Merchant’s default in performing under any provision of this Card Services Agreement, upon an unauthorized conversion of all or any part of Merchant’s activity to mail order, telephone order, Internet order, or to any activity where the card is not physically present and swiped through the Merchant’s terminal, upon any failure to follow the Card Acceptance Guide or
any operating regulation or rule of a card association or network organization, upon any misrepresentation by Merchant, upon commencement of bankruptcy or insolvency proceedings by or against the Merchant, upon a material change in the Merchant’s average ticket or volume as stated in the Merchant Application, or in the event Global Direct reasonably deems itself insecure in continuing this Card Services Agreement. Jeffery D. Hatchett
Senior Account Executive
TransNational Bankcard Inc.
9600 W. Bryn Mawr
Rosemont, Il. 60018
Office: 847 655-1321 Fax: 847 655-2421
E-Mail: [email protected]
Web: http://www.tnbci.com/ 2011, Named One of Tribune's Top 100 Best Places to Work in Chicago
_______________________________________ From: Sherry Reed ] Sent: Monday, January 14, 2013 2:03 PM To: Jeffery Hatchett Subject: Fw: Advance Deposit Form I'm just wondering if you are going to send me the conditions/merchant authorization papers that state that I agree to a $250 fee for discontinuing the program? ~ Sherry Sherry J Reed
8326 Friendsville Road
Seville, Ohio 44273
330-948-5269
sherrysposhpets.net ----- Forwarded Message ----- From: Sherry Reed To: Jeffery Hatchett Sent: Thursday, January 10, 2013 9:45 AM Subject: Re: Advance Deposit Form I have searched over all the documents and I do not find anything that says that I agree to a $250 wthdrawal fee. I see where I signed that I agree to the "terms and Conditions: which I assume was on the page that I signed since it said "Acceptance of merchant application and terms & conditions/merchant authorization". Under THAT there is NO condition of a
$20 withdrawal fee. I would like to see what you gave me that says that I agree to a $250 withdrawal fee. ~ Sherry Sherry J Reed
8326 Friendsville Road
Seville, Ohio 44273
330-948-5269
sherrysposhpets.net Today: I see. So you’re telling me that your goal in this business is not what is outlined on the solicitation paper that you originally sent; to help merchants improve their business. Your goal is to trick people into signing something they never saw so you can rope them into $15 plus a months rather hey can use your service or not. I signed a paper saying that I read the terms and conditions which was headed above "Acceptance of merchant application and terms & conditions/merchant authorization". How would you expect for someone to read something you have not sent them? It is obvious why you neglected to send this to me. It wasn't intended to know the truth. I am quite sure that this is not how Dean would handle business. I am also quite sure that the Attorney General and BBB will entertain some action. ~ Sherry From: Jeffery Hatchett To: Sherry Reed Sent: Thursday, January 10, 2013 9:34 AM Subject: RE: Advance Deposit Form Hello Sherry, I was just advised that TransNational will not waive the cancellation fee. Sorry, but I tried. Your options are to give it a few more months (4 to 6) and see if the program will provide some value. Thanks, Jeffery D. Hatchett
Senior Account Executive
TransNational Bankcard Inc.
9600 W. Bryn Mawr
Rosemont, Il. 60018
Office: 847 655-1321 Fax: 847 655-2421
E-Mail: [email protected]
Web: http://www.tnbci.com/ 2011, Named One of Tribune's Top 100 Best Places to Work in Chicago
________________________________________ From: Sherry Reed [[email protected]] Sent: Wednesday, January 09, 2013 12:52 PM To: Jeffery Hatchett Subject: Re: Advance Deposit Form Jeff, I have been trying to get in touch with you. I was under the impression that you were going to check to see if you could wave the $250 fee. Would you get back with me about anything you have found out? ~ Sherry Sherry J Reed
8326 Friendsville Road
Seville, Ohio 44273
330-948-5269
sherrysposhpets.net From: Jeffery Hatchett > To: "[email protected]" > Sent: Friday, September 7, 2012 1:43 PM Subject: FW: Advance Deposit Form Jeffery D. Hatchett Senior Account Executive TransNational Bankcard Inc.
9600 W. Bryn Mawr
Rosemont, Il. 60018
Office: 847 655-1321 Fax: 847 655-2421
E-Mail: [email protected]>
Web: 2011, Named One of Tribune's Top 100 Best Places to Work in Chicago ________________________________________ From: Jeffery Hatchett Sent: Friday, September 07, 2012 12:32 PM To: [email protected]> Subject: Advance Deposit Form Sherry, Here is the last form that needs your signature and initials. Please include this form when you return the rest of your application. Thanks, Jeffery D. Hatchett Senior Account Executive
TransNational Bankcard Inc.
9600 W. Bryn Mawr
Rosemont, Il. 60018 Office: 847 655-1321 Fax: 847 655-2421 E-Mail: [email protected]> Web: http://www.tnbci.com/ 2011, Named One of Tribune's Top 100 Best Places to Work in Chicago ________________________________________ From: [email protected]> [[email protected]>] Sent: Friday, September 07, 2012 11:28 AM To: Jeffery Hatchett Subject: This E-mail was sent from "BombVoyage" (MP C3500/LD435c). Scan Date: 09.07.2012 11:28:02 (-0500) Queries to: [email protected] |
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