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Sorry for the delay; I had to go out of town.
The original contract is not fraudulent, it's the chargeback response that is fraudulent. I strongly suspect the response was written by the customer's husband, who signed her name to it. Technically fraud; and also filled with factual errors--and "heartstrings" pleadings, first person, in his wife's name. In addition, they've included a page of the original contract, with margin notes whited-out which hurt their case, and different margin notes inserted, which help their case. I have both of course, and he (she?) was ham-handed enough that the whiteout is clearly discernable.
What I'd like to do is to insist that my merchant account people (Intuit--I use Quick Books) immediately throw the case out and find for me on the basis of the fraud--I don't believe I need to either risk $500 or make an additional case--he/she are clearly lying, in doctoring the paperwork. I'm pretty sure that, even in California, fraudulent evidentiary documents trump contractual hair-splitting? ;-)
I thought I'd also threaten to take the thing to the DA if they won't concede, though I have no idea whether that has any juice with whomever may arbitrate this. The customer appears ready to duke it out--has already authorized his $500 additional.
I have to be realistic, though. May I ask you straight, am I shoveling sand uphill, in even trying to overcome a consumer over merchant bias? I've been in business a number of years, have processed several millions of dollars through credit card merchant accounts and have *never* had a chargeback. Am I just letting emotion overcome prudence here?
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