I wanted to take credit cards for my at home sales business. I set up with North American Bancard. I signed up in Feb, 2009. By 2011 I was no longer doing the business. I called to cancel and was told that I would have to pay over $600. To get out of the contract plus another $865 for the machine that I was going to send back. I decided that it was cheaper to just let the contract run out. The customer service person said that the contract would run out in Feb 2012. Then I didn't hear anything from them and then in May I had a debit to my account for over $144. I called on June 5 and talked to Mr Hall. He told me that I now needed to return the machine and if I didn't I would be charged an additional $1100 (which wasnt the amount that is in the paperwork that I signed). He said to return the machine to his attention and once he received it he would clear out my account.
Then I get a collection notice from Steve Gray at Commercial Services group. Saying that I owe over $1500. I talked to Mr Gray on July 23 and was asked to send him proof of the return which I did. I then get this email back: Ms. Brandt, I reviewed this matter with my client and they advised that they typically do not allow returns after the ten day window of your account
closure, as stated in your contract. However, since you were instructed by Mr. Hall to return the equipment in June they have agreed to credit you for the equipment. They have indicated that the balance of $439.81 will still be due, this balance consists of: $144.81 Processing Losses $295.00 Early Termination Fee Please mail your check, payable to North American Bancard and referencing our file #C0977464, to my office today, or, call me directly at 502-873-2605 to arrange a resolution.
Steve A. Gray Legal Liaison Director Commercial Services
I responded with:
There was no early termination. The contract was for three years which was Feb 2012. In regards to the $144.81 that was taken after the contract expired.
Mr. Gray's response
Ms. Brandt, The contract renews for an annual term after the initial 3 year period automatically. If you are terminating your agreement you are required to send a signed written notice to North American Bancard at least 30 but no more than 60 days prior to your anniversary date so that the account may be closed with no annual renewal. If the account is not terminated properly, it will renew and the early termination fee may be charged for any subsequent annual renewal unless terminated properly around the anniversary date at the end of that year. The $144.81 would have been assessed as processing charges unless your written notice to terminate had been received as indicated. My client advises that the balance of $439.81 is correct and due.
I then found an email that I was sent when I signed up it is the agreement that I was to sign and return. Mr. Gray then sent me back a copy of what I signed which includes extra pages in the middle that were not part of the original email. What I received from Mr. Hopkins per his email was "Here are the pertinent pages to initial & sign". What I received from Mr. Gray was "the complete contract. I feel that this is very deceptive. I don't want anything from this company I just want this to be done. They have their equipment back and have taken more money from me than I should have ever allowed. I did some research myself and all the complaints include the contract and not receiving all the documents and early termination fees. It appears to be a pattern with this company.