US MERCHANT SYSTEM CHARGED EARLY TERMINATION FEE, WHILE NOT EVEN IN CONTRACT FREMONT, California

If you have that signed contract, you will win easily in small claims court. I wish you the best of luck and thank you for the info.

I've been wading through a lot of silly complaints lately, so it's nice to see some intelligent posts here too.

 

Mr. Talwinder Singh is correct in only one area. He did enter into an agreement with our company in January of 2010. The misleading facts offered by him surrounding this misunderstanding are astounding.

Issue #1

Mr. Singh may have mailed or sent a communication to our company on 10/18/2010 but we received it in the month of November of the same year. Per our agreement the Date of receipt is material not the date sent. As per our 19 year old company policy, when a merchant cancels, during any month, all fees are to be paid for that month, at which point the account and agreement are terminated except for any surviving terms.

Issue #2

Mr. Singh is a business man, a merchant if you will. By law, he is held to a higher standard than the
general consumer public. He is supposed to know what he is signing and READ all of the contract(s) before he signs and promises to fulfill his duties and responsibilities in the contract.

a) Located on the application itself, right under the special instruction box, it
reads: "IMPORTANT NOTICE: All information contained in this application was completed or supplied by all contracting parties. Any change in printed terms shall be of absolutely no force or affect unless specifically agreed to in writing by all contracting parties. By signing below on the original or facsimile you are agreeing to the provisions stated within the Terms and Conditions of the Merchant Agreement and the...."

b) Mr. Singh was to go to our web site and read, in its entirety the Merchant Operating Guide and Business Agreement, which he failed to do. If he had done so, he would have seen the highlighted section on "DUTY TO READ" and understood that its his responsibility to know what he signed.

c) Any verbal agreement between Mr. Singh and Wally Arakozie was between them. In the Merchant Operating Guide that Mr. Singh signed and attested to reading, it states that the only contract between US Merchant Systems, LLC and him, was the printed (not handwritten) application and other printed documents.

Issue #3

Mr. Singh told a lie. Mr Singh was indeed charged $915.45 and later on 12/30/2010 he was refunded $700. The difference, from my understanding was for the outstanding fees in November of the same year.

Conclusion.

Mr. Singh brought an action against us in Solono County which we demurred and successfully squash it.  Not satisfied with the loss of his case in Solono County, he then took action in Alameda County where we have motion in for dismissal.  Mr. Singh seems to be a vexatious litigant and  needs to stop wasting the courts time and move
on.


Richard Fenn
Legal Department