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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
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Hi, I had personally applied for a credit card machine for

Customer Question

Hi,
I had personally applied for a credit card machine for my company from a prominent provider. I closed the company within a few months of starting the contract and never had to use the credit card machine. I informed the company regarding the same too. This was January 2013. I kept paying the monthly charges as per their contract. But in July 2013, I noticed that they had been fraudulently charging me extra money for 'use of terminal' when there was no transactions at all. I took this up with them and I sent them the proof of their unlawful withdrawals.
They apologised for the same and refunded the amount and told me that they had closed the account. I have everything on mail to this effect.
However, out of the blue, earlier this year, I got a letter from their solicitor claiming the contract was not honoured and they filed a case against me in the County court.
I had paid 11 months through the contract and had only 7 months left. But I stopped the direct debit AFTER I was informed that the account was now closed. I have this as proof on email.
How do I present my case in the court of directly correspond with their lawyer. This entire thing has caused me a lot of mental torment as I have never been in this kind of situation before. I would even like to check the possibility of filing a counterclaim against the company.
Please advise.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you entitled to cancel or locked into a contract?
Customer: replied 2 years ago.

I do not have the paperwork on me right now but I presume it was a locked contract. I had never dishonoured the monthly payments towards the same till I was informed that the account is now closed.

Expert:  Jo C. replied 2 years ago.
That doesn't necessarily mean you were entitled to leave.
If you were locked into a contract then it cannot be broken unless there was a repudiatory breach which you are not describing here.
They can, of course, choose to release you. It depends whether they accept they did that or whether they are just saying that you refused to carry on so they closed the account. It would depend upon how their correspondence was written. It does seem odd that they would agree without any resistance at all.
Either way, if they are suing then you would have to defend this on that basis or make an offer to settle.
There isn't a counterclaim against them I'm afraid. They refunded you the sum of the overcharge and they are entitled to sue upon their contract.
If the email does literally say that they are happy to release you then you could apply for summary judgment on that basis to strike out the claim.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

Can send you the contract details tomorrow? Please?

Excerpts from the conversation with the company are as below:

























Information About Your Customer Service CaseCase #17266
































Subject:BUSINESS TERMINATION MERCHANT ID: 520334507035525
Case Type:Complaint - OtherOpened:15/08/2012 10:35:57
Merchant:MITTHAI WALALast Update:05/09/2012 13:11:32
Locator ID:W760K00Status:With Customer
Contact:Jayesh AkreSupport Rep:Laurel Wunderley
02089623115

Additional information has been added to your Customer Service Case. Please review this information.
Please Reply to this e-mail to send additional information to the customer service team.













Subject:Dear Jay,I am writing to tell you that your account has been closed. I have arranged for First Data
Notes:Dear Jay, I am writing to tell you that your account has been closed. I have arranged for First Data Merchant Solutions to refund you for the charges detailed in your previous email. You should receive this refund shortly. Kind regards Laurel

Case History













By: MSCRMSystem

15/08/2012

Status: New Email


BUSINESS TERMINATION MERCHANT ID: 520334507035525


Email Message From: *****@******.*** Received: 15-08-2012

Hi,


As discussed, we are no longer operating the Business located at 305, Leeds Road, BD3 9JY. Merchant ID number: 520334507035525.


I had posted a letter informing you the same in Jan 2012. Your advisor said that they have not recieved any such letter as per your records.


It was Addressed to:


Customer Service

PaymentSense Limited
242 Acklam Road

London, Greater London

W10 5JJ

£17.94 is coming out of my Account and I believe it is the installment payable for the terminal till end of the 18 month contract and I do not dispute the same.


However, the following additional payments have still be coming off my Account which have not been mentioned in any contract and I need to know what they are for.



REF: FDMS 01198551

SVCCHG ********* /strong>

14th Dec £1.46

16th Jan £19.99

14th Feb £19.99

? March £19.99

17th April £39.99

15th May £39.99

18th June £39.99

13th July £89.99




I urge you to look into the matter ASAP and issue a refund and/or a letter to explain what the additional charges are for. I do not want any unexplained charges coming out of my Account please.








BEST REGARDS,

JAY AKRE






By: MSCRMSystem

21/08/2012

Status: Referred


RE: PaymentSense Customer Service Case #***** Referred To You [2EA0E9ED-1301-4102-8575-A72AEF8


Email Message From: *****@******.*** Received: 21-08-2012
v\:* {behavior:url(#default#VML);} o\:* {behavior:url(#default#VML);} w\:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);}

Hi

This account has not been used in over 6 months.



Many thanks

Lesley Schisano | Investigations
First Data Merchant Solutions

First Data, Janus House, Endeavour Drive, Basildon, Essex, SS14 3WF
Tel : 01268 567106 | Int: 882268 | Email *****@******.***





From: *****@******.*** [mailto:*****@******.***]
Sent: 20 August 2012 10:07
To: Customer Service, FDMS
Subject: PaymentSense Customer Service Case #***** Referred To You [2EA0E9ED-1301-4102-8575-A72AEF8C513F]































2ea0e9ed-1301-4102-8575-a72aef8c513f



Customer Service Case Referral



Case #



17266









































Subject:



BUSINESS TERMINATION MERCHANT ID: 520334507035525



Case Type:



Miscellaneous - UnClassified



Opened:



15/08/2012 10:35:57



Merchant:



MITTHAI WALA



Last Update:



20/08/2012 10:06:45



Locator ID:



W760K00



Status:



Referred



Contact:



Jayesh Akre



Support Rep:



Laurel Wunderley
02089623115



Referred To:



FDMS Helpdesk



Please Reply By:



*****@******.***




This case has been referred to you by the Customer Service Team for action. Please review the details and case notes below.


Please Reply to this e-mail to send information to the customer service team.















Subject:



520334507035525- Mitthai Wala



Notes:



Hi all, Can you please confirm if the merchant is using the account? If not, please confirm the last date used. Kind regards Laurel




Case History












By: MSCRMSystem




15/08/2012




Status: New Email





BUSINESS TERMINATION MERCHANT ID: 520334507035525






Email Message From: *****@******.*** Received: 15-08-2012




Hi,






As discussed, we are no longer operating the Business located at 305, Leeds Road, BD3 9JY. Merchant ID number: 520334507035525.






I had posted a letter informing you the same in Jan 2012. Your advisor said that they have not recieved any such letter as per your records.






It was Addressed to:






Customer Service




PaymentSense Limited
242 Acklam Road




London, Greater London




W10 5JJ




£17.94 is coming out of my Account and I believe it is the installment payable for the terminal till end of the 18 month contract and I do not dispute the same.






However, the following additional payments have still be coming off my Account which have not been mentioned in any contract and I need to know what they are for.






REF: FDMS 01198551

SVCCHG ********* /strong>

14th Dec £1.46

16th Jan £19.99

14th Feb £19.99

? March £19.99

17th April £39.99

15th May £39.99

18th June £39.99

13th July £89.99






I urge you to look into the matter ASAP and issue a refund and/or a letter to explain what the additional charges are for. I do not want any unexplained charges coming out of my Account please.










Expert:  Jo C. replied 2 years ago.
That doesn't say you have been released I'm afraid.
I can have a look at the contract.
Customer: replied 2 years ago.

Thanks Jo, I understand.

I will send you a copy of it or excerpts from it tomorrow.

The balance amount of contract was only £17.94 x 7 = £125.58

How do I correspond to their solicitor so that an out of court settlement is agreed?

Expert:  Jo C. replied 2 years ago.
For that sum of money it is quite unlikely they would sue.
If you are happy to risk about £35 in court costs and maybe another £50 in fixed solicitors costs I would wait until they actually do and then pay.
The chances that they will are fairly low. This will just be a letter before action to see if they can pressurise you into paying.
they only have a lost profits claim anyway because you didn't have the service so even if you went to court the actual sum would be much lower.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Expert:  Jo C. replied 2 years ago.
Did you give them one month's notice?
I'm happy to continue with this but please leave feedback for my answer.
Customer: replied 2 years ago.

Hi Jo,

I have left you an Excellent Feedback.

I had sent them a letter in Jan 2012 stating that the Company I got the Credit card machine for is closed for business and that I did not need the services anymore. Didn't hear from them at all. And that's the reason I kept paying the monthly amount till I found out that they have been withdrawing undue money from my account.

I sent you the thread of messages after that.

Customer: replied 2 years ago.

As you can see, they have already put the case in the county court. I need your help please.

Expert:  Jo C. replied 2 years ago.
Ok.
What I need to know is whether you gave one months' notice?
Customer: replied 2 years ago.

Hi Jo,

I do not have a copy of the letter I posted to them and they claimed that they never received a copy of the letter. But yes, I have specifically mentioned that I wanted to end my contract and asked them to terminate the same as per their terms.

The same was mentioned again verbally when I called up the advisor in August 2012.

Expert:  Jo C. replied 2 years ago.
Ok.
So is that one months notice?
Customer: replied 2 years ago.

Yes. Definitely so. As I understand it.

Expert:  Jo C. replied 2 years ago.
If you gave a months' notice then you do have a defence. The contract clearly covers that.
They may be saying they didn't get it but the closure of your account suggests that they did.
If you can produce a copy of the letter then probably a court would accept your version of events.
Customer: replied 2 years ago.

Jo,

How do I present myself in court? Do I have to reply to the Solicitor the way they sent the details to me?

Expert:  Jo C. replied 2 years ago.
You just follow the court directions.
This will be a small claims court claim and they will demand a defence from you.
Customer: replied 2 years ago.

So should I contact their solicitor before the hearing or just turn up at the Court with my defence?

Expert:  Jo C. replied 2 years ago.
No. Follow the court's directions.
They will send out a form asking for your defence. Complete that.
Customer: replied 2 years ago.

Thanks Jo.

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.

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