Letter I am thinking of sending I find things have not improved with your company and I wish to terminate my agreement on the following grounds.Mis-representationWhen I first delt with Paymentsense Sales (Mark Champion) I asked for my full monthly cost implications in writing and was sent the attached email, that you have already seen. This left out a whole raft of hidden costs including payments to First Data & Merchant Solutions; when I thought I was only contracting with Paymentsense.Cooling-off PeriodSecondly because it was over the holiday time when the Agreements were sent through for me to sign, I missed the 5 day 'cooling off period' given to me on the cancellation form and so thought I was committed to the contracts. However, I have since taken legal advice and would like to point out the following:If your company does not agree to this I shall be looking at the Small Claims Court, On line, the Press and Martin Lewis with as much bad publicity as I can muster. If you comply with my request I shall agree not to make any negative publicity about Paymentsense.
What do you mean
I am not sure what your last question means. However, I am committed to lease terminal for 36 months or at least 18months as per the 1974 Consumer credit act, (with VAT this is 20.38 per month) plus the associated management fees that seem to more than double this amount.
OK - so the maximum cost to you is 60 x £20.30 = £1222.80
You need to write and say they are in breach of contract by misrepresentation.
This is where a representation is made which you rely upon which turns out to be false.
Then the contract ends.
That is the end of your liability under Misrepresentation
If they want to try and sue you they can, It would be a small claim given the value and your defence is misrepresentation
But you can terminate, rely on misrepresentation then the ball is in their Court
Indeed if they do issue against you, you can issue a counter claim for the extra sums you have paid
Can I clarify anything for you about this today please?
Does the fact that they only gave me 5 days for consideration of substance. I now believe because I signed on line that I was entitled to 14 days consideration?
No. Only as a consumer.
In this case you are not a consumer and therefore not entitled to any cooling off period.
Does that clarify?
Alex I am about to go away for a two week holiday tomorrow night. Should I at this stage try to terminate my agreement or wait till I return?
I would do it now otherwise you may be liable for a further 2 weeks, which you want to avoid.
Its form N164
Sorry ignore that!
Alex, I found this in the internet:
But I would terminate the agreement now. Dont wait
The longer you wait the harder it is to claim misrepresentation
You will only benefit from a cooling off period if the credit agreement was made in one of the following ways:
For agreements which fall under (1), you will have a cooling off period of 5 days, which begins from the time you receive the second copy of the agreement (containing the cancellation form). For contracts which fall under (2) and (3), you benefit from a 14 day cooling off period. Unlike the cooling off period for goods bought under the Distance Selling Regulations (DSRs), the creditor may make a reasonable charge for any service (such as insurance cover) which was operating during this time.
There are specific guidelines on how you should cancel the contract, which must be notified to you by the creditor before or immediately after the contract is made. If the creditor does not make this information available to you, then your cooling off period will not begin until this happens.
Dont forget though, you are in business.
But in any event your strongest point is misrepresentation
Thank you Alex
Can I clarify anything else for you?
Does my case rely on only what they wrote as opposed to anything they may try claim to have said?
I shall immediately try to get out of this agreement as per what you said.
Yes do so
Hi Alex, please find the letter I sent.
13 Southcote Way
First Data Global Leasing
Agreement Number 408-0210574-000 Merchant No 520334507953685
Please find the attached cancellation form.
I operate a small part time antiques business as a retirement hobby & have a turnover of about £40,000. I do not sell on line but only at antiques fairs, but found that I was beginning to lose sales due to my not having access to a debit/credit card machine.
I decided to acquire a card payment machine & PaymentSense was a company suggested to me, so consequently I contacted your offices. My current unit price per item sold is about £150, but sometimes I sell goods for many hundreds of pounds. I average about four antique fairs per month (2 to 3 day fairs) & typically expect to make two or three sales from Debit Card/Credit Card per fair, with the requirement expected to gradually grow. I therefore need to keep my costs to a minimum.
All this I told the salesman & he assured me by email that by using PaymentSense I could operate on a monthly cost of £16.98 (£20.38 with VAT) plus management fee of £4.95 per quarter, which seemed fine to me. However, this left out a whole raft of hidden costs including minimum payments and all the charges be taken by First Data & Merchant Solutions; when I thought I was only contracting with Paymentsense.
I have tried to have my payments reduced to the level that meets my requirements, but find that even with reductions I shall still be paying an average of about £20 per month more than I was told about. Clearly this service is not appropriate for the type of sales that I do.
I have taken legal advice and because of the above it is with regret that I wish to terminate my agreement on the grounds of Misrepresentation.
Please be advised that I shall be away for the next two weeks and cannot be contacted, however I shall no longer be using the card machine.
J C Lock
You need to say: I signed the contract in reliance on these representations.
Just for the avoidance of doubt!
Does that help?