Bank Card USA Merchant Services misrepresentation, deception, non-responsive, holding $8900 w/o cause, shut-off, slandered, issued false bank statement, never gave contract, canned response to BBB inapplicabe, never refunded an admitted wrongful debit as agreed to BBB-causing financial disaster Westlake Village California

Other reports relate the same nightmares, but we got them all. Early Jan. 07, we bought an established antique mall in a downtown building.The business had a terminal, and we thought continuation of processing w/current company would be best. An application was signed, and it included a waiver of initial $99 fee, as well as information on the business. The underwriting section had been completed to show an average ticket of $250 and monthly volume of 10,000. Sales were shown as swiped, face to face, card present, with a no return policy and immediate transfer of goods. No further documents were forthcoming, though the app. referenced an attached agreement. I faxed the salesman when the $99 was debited, and also requested more details; no response ever arrived.
Jan.-Aug., no problems, and no chargebcks or even returns. A few times, tickets for $2000-3000 were timely processed. On August 24, a local man bought a large marble statue and a few small items, presented his card, and signed the approved slip for $8900. The statue was discounted, as August was horribly slow, and the sale was to cover living expenses for two months. Even with the sale, charges totalled only 11,000 for the month--due to subject's continued processing after 8/24.
When ten days passed with no deposit, we started calling, and got the hang-ups and run-arounds for two weeks, during which I faxed the documentation to them. Finally, I faxed a letter demanding the funds and stating that they would be reported. Result-terminal shut off, bad merchant rating published. When someone finally spoke, it was to say that the funds would be held for 180 days, as we had violated the agreement (? what agreement) by accepting a large charge(that they approved), and they could be liable if the customer reneged. No matter that a valuable piece of art from the 19th century was bought, that the customer was recognized, and that visa/mc rules don't allow turning down charges due to amount.
I have tired from fighting and getting nowhere. The money's whereabouts will not be divulged; the response given the BBB (same as to others here) was that our business is high-risk/keyed/internet/home-based. Not!! Antiques, sold as-is and swiped are hardly risky transactions. No challenge has been made by the buyer, and now over 90 days have passed. They took their $200 fee on the sale though! To top it off, my account statement of 8/31 says the funds were deposited-an outright lie! Caught, they told BBB a refund of the initial $99 would be made-never was.
It increases my stress to notice that this behavior has escalated in the past few months, especially holding funds, as if ready to bolt. Even if holding for up to 180 days is sometimes justified, this is not such a case, and "up to" does not equal 180 "because we say so". We have offered other security, including real property, and other proposed compromises, to no avail. They are not the buyer or seller, and having our funds, while we are in default on our mortgage and had to cancel family health coverage, is the most ludicrous form of larceny I've imagined. How can their risk of exposure to liability override the rights of the owner/seller of goods to payment and use of the proceeds for their livlihood?
I have filed w/FTC, and Calif. Attorney General kicked it back as "business to business" instead of consumer-related.(?) If we wait 180 days (and if it still exists), I will refuse to waive a demand for interest and will sue for it all. My family has already suffered enough--if we lose a home they will pay dearly.

Mike & paula
Arcadia, Florida
U.S.A.

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