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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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We entered in to a conversation and filled out an

Customer Question

We entered in to a conversation and filled out an application for merchant account services last April 2015. The company name is***** Although they seem to be under several names as well. To cover our 4 retail outlets we needed 4 accounts. After further investigation 3 of the services did not do as we wanted and we told them we did not want them. We did keep one account. For 7 months now they have been charging 3 accounts fraudulently. We have to told them we do not want to have these accounts they simply do not work for us. They come up with one concocted answer after another and take money from our account every month. We have not been able to stop them. After talking with them on the phone, and also talking with them on the phone with a conference call will our banker, they told us we have a contract and cannot cancell for 3 year and we will have to continue to pay them each month for each of the 3 accounts. We ask for proof of the contract, which I knew we never signed, they sent a draft of a contract with no date on it, my name typed in, and our ipo addredd also typed in. They are charging us and taking from our bank over $50 per month times 3 accounts. We may have gottem them stopped at the bank from removing funds, but they are now sending us letters saying we owe whever fee they coose to charge us plus a $25 fee. After we finally got him on the phone, he denied that he was the company, and after trying to get him to engage and hit with fact after fact, he agreed it was them and started with all the things he could do to us if did anything to cancel. He told us "be careful, be VERY careful" because he could do damage to us, and make sure no merchant account would ever work with us again. He charges us whatever he wants each month. Since that we think we have been able to stop the funds fraudulently being pulled out of our account. The company has 57 complaints for the same thing at the BBB and 12 have been resolved. The service was something be found in the Apple Store. He is all over the internet with muliple names and he is backed by Wells Fargo. What I want is to have this man and company STOPPED!!! I want my money back and this man out of our life and out of business. We are a business, so I have been told that it is handled differently then if I were an individual. This man is doing business fraudulently. There are more details supporting my case, but lets start here. You can contact me at my email *********@************.***
Submitted: 11 months ago.
Category: Legal
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Answer will follow in the pane below as per above parameters….

1. What state are you located in?

2. Did they deliver any equipment to you?

3. How and when did you sign-up for the service?

4. What is he threatening to do if you just don't pay him now that the bank will not let him withdraw any money?

5. Please state the specific legal question you would like for us to answer so we may better assist you.

Customer: replied 11 months ago.
1. I am in New Mexico. They are in California.
2. No they did not deliver any equipment.
3. I submitted an application in March of 2015. I did not sign any contracts.
4. He is threatening to put the company on some sort of a list so that we will not be able to work with any merchant account
services in the future. He is sending statements saying I owe him money, plus $25. for each statement as some sort of
fee. We already work with two merchant account companies, and they tell us there is no such list. I don't know.
5. I want to know who and how to report him to cause him to stop his fraudulent actions further with me and any other
business. I would like to know how I do this and how I get my money back, and see to it that he causes no further distress
to my company. I want to make sure that because I have worked with my bank to stop any and all unauthorized debits
from my account, and since I will not paying him any funds at all that he cannot damage my impeccable credit. I do not
know what he is capable of doing to us.
Customer: replied 11 months ago.
It might be better to speak by phone. It is a good bit complicated to put everything in writing. If you agree I will send you my phone number.
Elizabeth Inman
Expert:  Maverick replied 11 months ago.

1. I want to know who and how to report him to cause him to stop his fraudulent actions further with me and any other business.

You can report this conduct in two ways. One is to post a complaint on websites like this one. You can also file complaint with state agencies like this one and this one. You can also report him to the Better Business Bureau.

2. I would like to know how I get my money back, and see to it that he causes no further distress
to my company.

First, if you filled out and application and they accepted it, it may have bound you to certain of their terms and conditions. This is a contract that can be formed even without your signature. So, you will need to read the application you filled out and any instructions that came with it or that you were referred to therein to make sure that if they accepted your application, it did not bind you to any terms.

Second, if there in fact is not binding agreement, then you can sue them under what is called a declaratory judgment action and get a court order that states that there is no contract between the two of you and that your cancellation is effective as of XYZ date and that any monies paid for unused services must be returned. You will need to sue them in CA in the county where they are located. You may need to hire a business litigation lawyer from that county to assist you so that you are not having to travel back and forth to each hearing. See this law.

3. I want to make sure that because I have worked with my bank to stop any and all unauthorized debits
from my account, and since I will not paying him any funds at all that he cannot damage my impeccable credit. I do not know what he is capable of doing to us.

If you signed the application on your own behalf, then he may be able to report non-payment history to the credit bureaus. If you signed the application on behalf of your company, then there is not much he can do to harm your personal credit.