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Re: Merchant account termination, and or early termination fees
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MagikLair
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Default Re: Merchant account termination, and or early termination fees - 06-02-2007, 08:53 PM

On May 22, 7:54 pm, Jerry Stuckle <jstuck...@attglobal.net> wrote:
> MagikLair wrote:
> > Hello,
> > I have a merchant account with CTS Holdings LLC .and they have been
> > absolutely lousy. They don't respond to my phone calls, email
> > nothing... I'd like to cancel, but there is an early termination fee
> > of $300. I do not think this company should be rewarded for lousy
> > service etc. They have some prohibited transactions that would cause
> > immediate cancellation of an account. If I said that I did one of
> > these prohibited transactions and the account was canceled. Would I
> > still have to pay an early termination fee? Yes I understand, it
> > doesn't sound like the *best* way to do things... Any feedback would
> > be appreciated
> > Thanks,
> > Brian

>
> Brian,
>
> Get your attorney to document the problems you've been having in a
> letter and send it to them. You'll be amazed how quickly that gets a
> response.
>
> --
> ==================
> Remove the "x" from my email address
> Jerry Stuckle
> JDS Computer Training Corp.
> jstuck...@attglobal.net
> ==================


I apologize for the double post. I read the merchant account
agreement.
http://www.vagnavs.com/cts_agreement.pdf
16 Early Cancellation Fee
16.1 If (a) you elect to cancel this Merchant Application and
Agreement prior to the expiration of the initial thirty-six (36)
month
term, or (b) this
Merchant Application and Agreement is terminated by us prior to the
expiration of the initial term due to an Event of Default, we will
suffer a substantial injury for which it is impracticable or
extremely
difficult to fix actual damages. In an effort to liquidate in advance
the sum that should represent such damages, you agree to pay us as an
"Early Cancellation
Fee" in the amount of three hundred dollars ($300.00). This sum
represents a reasonable pre-estimate of the losses that we will incur
as a result of the cancellation of this Merchant Application and
Agreement prior to the expiration of the initial term of the Merchant
Application and Agreement.

But if they terminate it for prohibited transactions, I do not see
any
mention of any early cancellation fees.
thanks,
Brian

   
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Re: Merchant account termination, and or early termination fees
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George L. Sexton
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Default Re: Merchant account termination, and or early termination fees - 06-02-2007, 08:53 PM

On Tue, 22 May 2007 18:50:57 -0700, MagikLair wrote:

> On May 22, 7:54 pm, Jerry Stuckle <jstuck...@attglobal.net> wrote:
> I apologize for the double post. I read the merchant account
> agreement.
> http://www.vagnavs.com/cts_agreement.pdf
> 16 Early Cancellation Fee
> 16.1 If (a) you elect to cancel this Merchant Application and
> Agreement prior to the expiration of the initial thirty-six (36)
> month
> term, or (b) this
> Merchant Application and Agreement is terminated by us prior to the
> expiration of the initial term due to an Event of Default, we will
> suffer a substantial injury for which it is impracticable or
> extremely
> difficult to fix actual damages. In an effort to liquidate in advance
> the sum that should represent such damages, you agree to pay us as an
> "Early Cancellation
> Fee" in the amount of three hundred dollars ($300.00). This sum
> represents a reasonable pre-estimate of the losses that we will incur
> as a result of the cancellation of this Merchant Application and
> Agreement prior to the expiration of the initial term of the Merchant
> Application and Agreement.
>
> But if they terminate it for prohibited transactions, I do not see
> any
> mention of any early cancellation fees.


You're deluding yourself. Section 16.1(b) "is terminated by us prior to the
expiration of the initial term..."

You perform a prohibited transaction, they cancel your account, and per
16.1(b) nail you for the fee.


--
George Sexton
MH Software, Inc. - Home of Connect Daily Web Calendar
http://www.mhsoftware.com/connectdaily.htm
   
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Re: Merchant account termination, and or early termination fees
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  (#3)
MagikLair
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Default Re: Merchant account termination, and or early termination fees - 06-02-2007, 08:53 PM

On May 22, 9:53 pm, "George L. Sexton" <gsex...@Mhsoftware.com> wrote:
> On Tue, 22 May 2007 18:50:57 -0700, MagikLair wrote:
> > On May 22, 7:54 pm, Jerry Stuckle <jstuck...@attglobal.net> wrote:
> > I apologize for the double post. I read the merchant account
> > agreement.
> >http://www.vagnavs.com/cts_agreement.pdf
> > 16 Early Cancellation Fee
> > 16.1 If (a) you elect to cancel this Merchant Application and
> > Agreement prior to the expiration of the initial thirty-six (36)
> > month
> > term, or (b) this
> > Merchant Application and Agreement is terminated by us prior to the
> > expiration of the initial term due to an Event of Default, we will
> > suffer a substantial injury for which it is impracticable or
> > extremely
> > difficult to fix actual damages. In an effort to liquidate in advance
> > the sum that should represent such damages, you agree to pay us as an
> > "Early Cancellation
> > Fee" in the amount of three hundred dollars ($300.00). This sum
> > represents a reasonable pre-estimate of the losses that we will incur
> > as a result of the cancellation of this Merchant Application and
> > Agreement prior to the expiration of the initial term of the Merchant
> > Application and Agreement.

>
> > But if they terminate it for prohibited transactions, I do not see
> > any
> > mention of any early cancellation fees.

>
> You're deluding yourself. Section 16.1(b) "is terminated by us prior to the
> expiration of the initial term..."
>
> You perform a prohibited transaction, they cancel your account, and per
> 16.1(b) nail you for the fee.
>
> --
> George Sexton
> MH Software, Inc. - Home of Connect Daily Web Calendarhttp://www.mhsoftware.com/connectdaily.htm


thanks for clarifying that. There is also the Terminated Merchant
File which is basically a blacklist for all credit card companies. I
know I'm grasping at straws here. Trying to get out of this contract
any way I can.
Thanks everyone for the feedback.
Brian

   
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Re: Merchant account termination, and or early termination fees
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Jerry Stuckle
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Posts: n/a
Default Re: Merchant account termination, and or early termination fees - 06-02-2007, 08:53 PM

MagikLair wrote:
> On May 22, 9:53 pm, "George L. Sexton" <gsex...@Mhsoftware.com> wrote:
>> On Tue, 22 May 2007 18:50:57 -0700, MagikLair wrote:
>>> On May 22, 7:54 pm, Jerry Stuckle <jstuck...@attglobal.net> wrote:
>>> I apologize for the double post. I read the merchant account
>>> agreement.
>>> http://www.vagnavs.com/cts_agreement.pdf
>>> 16 Early Cancellation Fee
>>> 16.1 If (a) you elect to cancel this Merchant Application and
>>> Agreement prior to the expiration of the initial thirty-six (36)
>>> month
>>> term, or (b) this
>>> Merchant Application and Agreement is terminated by us prior to the
>>> expiration of the initial term due to an Event of Default, we will
>>> suffer a substantial injury for which it is impracticable or
>>> extremely
>>> difficult to fix actual damages. In an effort to liquidate in advance
>>> the sum that should represent such damages, you agree to pay us as an
>>> "Early Cancellation
>>> Fee" in the amount of three hundred dollars ($300.00). This sum
>>> represents a reasonable pre-estimate of the losses that we will incur
>>> as a result of the cancellation of this Merchant Application and
>>> Agreement prior to the expiration of the initial term of the Merchant
>>> Application and Agreement.
>>> But if they terminate it for prohibited transactions, I do not see
>>> any
>>> mention of any early cancellation fees.

>> You're deluding yourself. Section 16.1(b) "is terminated by us prior to the
>> expiration of the initial term..."
>>
>> You perform a prohibited transaction, they cancel your account, and per
>> 16.1(b) nail you for the fee.
>>
>> --
>> George Sexton
>> MH Software, Inc. - Home of Connect Daily Web Calendarhttp://www.mhsoftware.com/connectdaily.htm

>
> thanks for clarifying that. There is also the Terminated Merchant
> File which is basically a blacklist for all credit card companies. I
> know I'm grasping at straws here. Trying to get out of this contract
> any way I can.
> Thanks everyone for the feedback.
> Brian
>


As I said - get your attorney involved.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
EMAIL REMOVED
==================
   
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