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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I had my credit card processor double charge about 75 clients

Customer Question

I had my credit card processor double charge about 75 clients in one day. They have admitted they were wrong and would correct it. Instead they took days to correct it, then attempted to withdraw more money than they double charged from my account on 3 times, shutting my business down for 2 days, and costing me over $1000 in business and over $400 in bank charges from my bank. They also over billed my account for the credit card discount fees including the double charges (another $400). They contacted me and offer to clear the account by giving back the discount fees and offering to refund the NSF fees I incurred with their company, even though the only reason I encountered these fees was because they kept trying to withdraw more money than they had deposited. I made a counter offer to include my cost of $3000, well below what I can document their error cost my business and was told their offer was final, out risk management will be in contact! Do I have a case to ask for the money they cost me? After the first attempt to take more money than they should (over $3000) I have my bank (Chase) freeze the account and opened and new checking. I transferred the money I believe they are entitled to, to savings and have held it there since. I just do not agree that they can almost bankrupt me with no calls or contact, and not have to pay the banks fees (as they agreed) or my cost, as they agreed since this was THEIR error. Is this a valid case?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was this some type of accounting error or processing glitch that happened with the credit card processing company?

What is the explanation you were given by the merchant company?
Customer: replied 1 year ago.

They were processing an update when this happened. I called the day I saw the incorrect deposit and was told it was okay. The next day I saw the 2 initial withdrawls and called back to inquire about this. They stated that they had an error and would correct it. I began to get angry calls from customers who noted the extra charge. Momentum said they would research it and assured me it was their mistake and would cover any banks fees I was charged due to this error, their error.


 


Explanation was that they are a large company and this happens from time to time, and I should understands this.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Did this company made all the adjustments and corrected any of their mistakes?
Customer: replied 1 year ago.



Mr. Fischer,



As part of our attempts finalize your account, we have come to the below conclusion and will apply all stats in writing prior to any form of payment is made to us.



$10,537.50 ßTotal Refund


$1,712.00ß Rejected Batch Withdraw (minus)


$1,658.50 ß Rejected Batch Withdraw (minus)


$7,167.00 ß Payback amount prior to adjustments


$495.78 ß April Statement Fee (minus)


$6,671.22 ß Payback Amount after Statement Adjustment (Discount fees)


$671.22 ß NSF Fees


$6,000.00 ß Total payout Balance after all Deductions



No!!! The above $495 was money I was charged that I never should have been charged. The $671 was fees I was charged from them that I never should have been charged if they would have done the correct withdraw. These are the only credits offered. They still cost be over $350 in overdraft fees with my bank. The first overdraft put me out of business for 2 days costing me over $1200, and they did not even know about the first 2 withdrawls until I sent a bank statement showing this. This is why Chase allowed me to freeze the account. This was their response to my offer that would have covered the cost that they directly cost me.






Mr. Fischer,



I received your fax with your over all justification for a payoff balance of 4,000.00.



As I stated when we last spoke (and previous correspondence) the payoff balance of 6,000.00 was non-negotiable and any rebuttal would be handled by our Risk/Collections Manager directly.



Again, I / we (Momentum Payment Systems) certainly apologizes for the inconvenience this caused you and your business; however I have made every attempt to resolve this without escalating to upper level management.



You will more than likely be contacted in the next 24-48 hours.



I would be happy to provide my response which explained out these cost. I have still not received an accurate account of my April charges and have not been able to pay my sales tax as a result. In addition they have reported the wrong credit card amount to the IRS.


 

Expert:  Alex J. Esq. replied 1 year ago.

Dear XXXXX,

Unfortunately, I am not permitted to review any actual documents or communications / email between justanswer.com customers and third parties, as such activity would clearly be considered legal service, which is prohibited by various laws and can only be provided by your local attorney, so I will opt out of your question at no charge to you.

I wish you the best of luck!

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. A different professional here. Perhaps I can assist you further.

The concern here is based on the agreement you may have had directly with this processor. Typically they are not responsible for additional costs or damages unless one of two factors can be shown. First, that their contract with you somehow stated that they would be responsible for such losses if they occurred. Since they would then accept the liability, such action on their part would entitle you to damages. The other factor would be if they either failed to properly set you back financially by not covering in full your direct and foreseeable losses (not lost profits but actual losses and financial expenses that can be directly traced to this action), or if they acted with such negligence and recklessness that they become liable for damages. I cannot tell you if they have gone so far in this case to warrant a cause of action without reviewing your facts directly, but that is what you need to evaluate before you can consider whether or not you have a valid cause of action.

Good luck.

Customer: replied 1 year ago.

Waste of my time, just like every other lawyer.

Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but what specifically did you feel I did not address? Or did you expect me to create a law or a condition that might not exist? My apologies but you generally canot sue someone for lost profits unless their actions were borderline intentional or if they were contractally obligated to provide you with such protection. I really cannot tell you otherwise as I would then be providing you with a disservice. Please be well.

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