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I see that you have joined me.

Before we get started I would like to provide a brief explanation of how this system works.

In essence, when we are done you will leave a rating for my answer.

I only receive credit for assisting you if you leave a positive rating. The rating only applies to my answer. In some situations I will supply accurate legal information to customers who feel that information is "bad news." Please do not hold me accountable if the information provided was not what you were hoping to hear. We answer questions relying on an honor system with the hope that customers will do the rights thing and provide a positive rating so that we are credited for your work.

Please let me know if you are ready to start.

Great.

Did the contract contain an address at which a notice of cancellation must be delivered?

Unfortunately, your situation is not unique. Canceling these credit card processing contracts is often difficult.

Submission of a notice to terminate must be done as required in the service contract. Of course, if a company interferes with an attempt to terminate that provides grounds on which to challenge any resulting attempt to enforce a renewal.

Documentation of attempts to obtain an address for cancellation along with copies of phone records showing verbal notice was given would typcially be included in a demand letter notifying the company of one's intent to proceed with termination. Any interference with termination attempts would be noted in such a letter.

In those situations, sometimes the processing company will pursue a claim in court or attempt to retain funds in their possession.

When that occurs a merchant will typically have an attorney write the company a demand letter regarding the release of the funds held and as a last resort may file a civil suit to obtain the funds.

The issue would typically be whether the notice to terminate was provided as required under a service agreement and whether a credit card processor interfered with attempts to terminate by either not providing a mailing address or providing false verbal reassurances that termination had occurred.

yes

Have I lost you?

No problem

Do you understand the information I posted?

It is a matter of a contractual dispute. In essence, the company would need to try to enforce the contract in court or simply try to retain your money.

If the company tried to retain your money, then you would be forced to court to try to recover the funds. t

The issue would be whether the renewal is enforceable.

That largely turns on the language in a contract.

Such renewal contracts can be enforceable, but a party to the contract cannot interfere with attempts to terminate such as by not providing an address or providing a wrong address for notice of termination.

That depends on whether there is a minimum usage requirement or exclusivity requirement under the contract. One would need to review the service contract for those details.

Do you understand?

That would certainly be a good idea. Sometimes a letter from an attorney can resolve these issues.

These companies want to avoid litigation due to the expense involved.

I hope that you will be so kind as to leave me a positive rating as this ensure I receive credit for assisting you.

The session will end when you leave a rating, but you can always post questions to me later if you think of anything else even after leaving a rating.

I understand and appreciate you not holding me accountable for the difficulties the law can sometimes present.

Thank you again

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