| US MERCHANT SYSTEM |
| US MERCHANT SYSTEM CHARGED EARLY TERMINATION FEE, WHILE NOT EVEN IN CONTRACT FREMONT, California |
| 26th of Jan, 2011 by |
On 01/08/2010, I signed up with US Merchant Systems to get merchant services for my business, King's Market, (located at 1624-A, Fairgrounds Drive, Vallejo, California).
WALID ARAKOZIE, The US Merchant Systems's agent, came to my business to setup the account. He wrote on the agreement under column "Special Instructions":- "No Contract, No early Termination fee" and signed it.
On 10/18/2010, I sent them written notice to close my account.On 11/08/2010, my account was withdrawn for $915.45 by US Merchant Systems. While my account was closed in October,2010, they still charged me monthly fees for November, 2010, which was refunded partially later on after request.
I called customer services and enquired about the charges and found out that I was charged $915.45 for early termination fee.I was transfered to "David Jackson" to talk about the termination fee.
David Jackson told me that I had 3 years agreement with them, which is NOT true. I called Walid Arakozie on his cell phone (510) 837 5454 and asked him about the contract. He told me that I was on "Month to Month" and promised me that he would talk to David Jackson to solve the issue.
Nothing happened so far. The agent, Walid Arkozie, does not answer my phone anymore. I spoke to another employee at US Merchant Systems, Biren, about it and told me that Walid Arakozie lied to me.
After waiting for 3 months, Now I am filing report with Ripoffreport.com and also going to file claim in Small Claims Court in Solano County Superior Court. Hope it will help others to be careful before you deal with US Merchant Systems.
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Mr. Talwinder Singh is correct in only one area. He did enter into an agreement with our company in January of 2010. The misleading facts offered my him surrounding this misunderstanding are astounding.
Issue #1
Mr. Singh may have mailed or sent a communication to our company on 10/18/2010 but we received it in the month of November of the same year. Per our agreement the Date of receipt is material not the date sent. As per our 19 year old company policy, when a merchant cancels, during any month, all fees are to be paid for that month, at which point the account and agreement are terminated except for any surviving terms.
Issue #2
Mr. Singh is a business man, a merchant if you will. By law, he is held to a higher standard than the general consumer public. He is supposed to know what he is signing and READ all of the contract(s) before he signs and promises to fulfill his duties and responsibilities in the contract.
a) Located on the application itself, right under the special instruction box, it reads: "IMPORTANT NOTICE: All information contained in this application was completed or supplied by all contracting parties. Any change in printed terms shall be of absolutely no force or affect unless specifically agreed to in writing by all contracting parties. By signing below on the original or facsimile you are agreeing to the provisions stated within the Terms and Conditions of the Merchant Agreement and the..."
b) Mr. Singh was to go to our web site and read, in its entirety the Merchant Operating Guide and Business Agreement, which he failed to do. If he had done so, he would have seen the highlighted section on "DUTY TO READ" and understood that its his responsibility to know what he signed.
c) Any verbal agreement between Mr. Singh and Wally Arakozie was between them. In the Merchant Operating Guide that Mr. Singh attested reading when he signed the application, states that the only contract between US Merchant Systems, LLC and him, was the printed (not handwritten) application and other printed documents.
Issue #3
Mr. Singh told a lie. Mr Singh was indeed charged $915.45 and later on 12/30/2010 he was refunded $700. The difference, from my understanding was for the outstanding fees in November of the same year.
Conclusion.
Mr. Singh brought an action against us in Solono County which we demurred and successfully squash it.
Not satisfied with the loss of his case in Solono County, he then took action in Alameda county where we have motion in for dismissal.
Mr. Singh seems to be a vexatious litigant and needs to stop wasting the courts time and move on.
Richard Fenn
COO |
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