Encore Payment Systems Will Not Close Contract without Supposed Closure Clause Payment and Debit Charges to My Checking Account Addison Texas

I had a month to month contract with Encore Payment Systems, as their standard contract is for 4 years and a heavy termination fee.  I had my sales guy Monte Lee of Wichita Falls, TX write in on the contract it was month to month and "no termination fees."

As my business started to slow down and my health was not good in February and March 2013; I contacted Monte to help me close my account - since the basic monthly charges were fairly high and I was not making any credit  / debit transactions - to which he said he would, but never did.

In March 2103 I called into the Customer Service group to get the ball rolling on closing my account and every time was told that I had a 4 year contract and the termination fee was like $400.  I kept telling them that was incorrect and look at the contract - which they said they were doing, but did not read down into Page 2 where the termination fee and 4 year clause were marked out.  I think these monkeys are trained to try and get something form you even if you owe nothing.

After a couple of calls and trying to get Monte to help out - which every time was "Sure, will do.," I considered everything closed and went on my merry way.

Due to my health, I didn't pay a great deal of attention to my bank statement for April and then finally I caught their overcharging on my May statement.  At that point - for April and May 2013 - they were charging me double my normal monthly rate - which was close to $80 each month for those 2 months.

I started emailing Monte again with little success.  In June I started calling the Customer Service Department and got the same story from each person I spoke too.  I tried to speak to Supervisors, but none were ever available. As I told them my contract said different than theirs, they had the balls to ask me to fax in my copy.  I told them I would do no such thing - as they should have a correct copy on file.  What kind of boiler room operation are they running?

I made a last ditch effort and called Encore and actually got someone who didn't just read the cue cards and could read my contract.  He saw on Page 2 that I was not on a 4 years contract and owed no termination fee.  He stated to "officially" close my account I needed to fax in a letter with my signature requesting that Encore close out my account.  I was able to finally get to that about a week later.  He also suggested that I call back a few days later to "ensure" that Encore "got" the fax.

I waited a week and called back.  In the process I was on hold for close to 20 minutes before a person named Alex came on the phone.  At that point I was not a happy camper and told Alex so.  He asked why I was calling and I told him my Encore story to date.  He was not being friendly as my tone to him was pretty gruff.  He asked to put me on hold for a minute to "research" for my fax - as they already had all my info on the terminal in front of them.  Alex came back and said no fax.  I was peeved.  I told him that was what I expected from Encore and he tried to make it my issue or the fax machines for them not having it.

I told Alex that I was closing my account and it was happening today.  Encore was not ripping me off any more.  He became very defensive and gruff.  He told me to re-fax my cancellation request again.  At that point he was still pushing the "termination fee" of like $400.  He also mentioned a restocking fee of about $125.  I told him there was no way that I was paying a termination fee and had no idea what a "restocking fee" was.  After finally reading my contract and seeing that I was on a month-to-month and no termination fee - he then started on the "restocking fee."  I asked him what that was.  He said it was a fee for taking back equipment that Encore had loaned out to me.  I told him to read to me where on my contract where there was any equipment sent to me on loan.

Hecouldn't find anything but kept stating I had to pay it.  I then bluntly told him that I "OWNED" my equipment and that Encore had never ever loaned me anything.

We were now clashing with each other.  In disgust, he asked me if there was anything else I needed?  I told him I wanted the charges made to my business checking account from April to June 2013.  He flat out said that was not happening.  I then asked to speak to a supervisor, to which he said he would no transfer me as the buck stopped with him as an Account Manager.

I told him I'd be getting with the BBB and the Texas Attorney General about this and his reply was I could do whatever I wanted, as all complaints came to him and he would deny them - so I was screwed by them at that point.

I did file a BBB and Attorney General complaint, but have not received any replies on it - so I guess Alex is stalling them out.