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Hay we have a problem with a processing company, they said…

Customer Question
Hay we have a...

Hay we have a problem with a processing company, they said that they would charge us less then our current company. After the first month we see that they charged us twice as much as our old processing company. The termination fee was 1300 now that called and tried to cancel they're Saying 8000

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Tennesse

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's pretty much the whole story

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/13/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
I want to cancel my services with this processing company but I don't want to pay this 8000 crazy they're talking about
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand. Tell me the circumstances of the promises they made to you regarding owing less money than before? Are the charges legitimate?

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Customer reply replied 3 months ago
Well I was with another company then these guys came and said that they will charge me less then then what I am being charged. We agreed that if we terminate then it's a 1300 fee which is ok with me . So I called them yesterday and wanted to cancel then they got mad and sent thisTermination Fees:EARLY TERMINATION FEE: $495 (You can find this on page 3 of your MERCHANT PROCESSING AGREEMENT).APPLICABLE FEES: $893.98 (You can find this on your PLACEMENT AGREEMENT in clause # 3. It states that any fees waived upon startup come due if the contract is canceled early).ACCELERATED MONTHLY MINIMUMS: $1,485.00 (You can find this in clause # 3 of your PLACEMENT AGREEMENT. It states that you will be billed the remaining month left on your contract when you cancel. You 33 months left on your contract).DEFAULTED LEASE: $5,280.00TOTAL: $8,153.98
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. Based on what you provided, it seems like the charges are legitimate because they are triggered by your cancellation. Did they make a promise that your cancellation fees would be waived, lowered, reduced, or anything like that?

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Customer reply replied 3 months ago
No
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear that. Your options may be limited in this case because of the terms of the contract.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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