LEASECOMM STILL BILLING FOR DEFUNCT MERCHANT ACCOUNT TERMINALS !

I signed a Leasecomm lease of a virtual merchant account terminal through its dealer Themeware last May, 2000. In January, 2001 I was informed by e-mail from Themeware that they would no longer be hosting websites and to make other arrangements by February 17, 2001 when service would terminate. I called Cardservice, who verified they were no longer servicing Themeware sites. I called Themeware, who verbally told me it was all "a mistake", and we'd all be getting further instructions by e-mail, to just wait. No e-mails were ever sent from Themeware since then. Themeware no longer replies to e-mail, and their phone voicemail is inoperable. Cannot even reach them by phone for comment.

Now, to recap, Themeware has gone belly up, and I was informed by Cardservice International (its merchant account servicer) that it no longer services Themeware as one of its accounts. So I am left with a monthly debit from Leasecomm for a non-existent virtual merchant account terminal. Isn't this breach of contract by Leasecomm and/or Themeware ?

I have contacted BOTH Leasecomm and Themeware a number of times by e-mail and phone, with no comment from either party. According to postings on this site, if you tell your bank to cancel auto debit, Leasecomm will (naturally) take legal action to collect their monies. Since I cannot afford legal counsel to fight Leasecomm & Themeware, I am considering just "buying out" the lease, but I certainly don't trust Leasecomm in that regard either ! I have filed a complaint with my Attorney General's office (Indiana), but they told me they cannot help since this is a business contract. Have also written attorney Ken by e-mail who says he is filing a class action suit against Leasecomm in MA.

I want Leasecomm to stop debiting my account for a non-existent merchant account virtual terminal, and I want to be refunded for all money it has billed me for since Cardservice discontinued service to Themeware websites ! In addition, I have since discovered that Cardservice only charges $29.95/month for virtual terminal merchant accounts; Leasecomm is charging me $79.95/month (which evidently used to include Cardservice's fees). This is a bogus "lease" ! I want it cancelled for breach of contract.