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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Have you had many people coming to you asking advice regarding

Customer Question

Have you had many people coming to you asking advice regarding a card service called PaymentSense and the five year contract thing with First Data Global Leasing?

We went with what was presented as a one year contract with PaymentSense for merchant services last year. Within a couple of months we became aware that they were actually not very good, so at the end of oct this year when we receive a letter from First Data merchant Services say that they'd gone independent and do nothing if you want the contract to remain as was....we took the opportunity to get something better.

After telling them on the phone that we wanted to move on but would they like to renegotiate they said they'd call back. A week later no call so I called to be told that I told them that we were happy to continue....I put them right would somebody call back?

Nobody did so in the end I wrote to them and to PaymentSense who had called meantime to be aggressive to me it appears...but they did state that we had no contract with PaymentSense at all!

Anyway, after what is now coming on four months I have sorted out our issues with First Data Merchant Services but still have this issue of First Data Global Leasing want us to pay the balance of a five year contract plus a £190+vat restocking fee for a machine that we returned and that we had no use for anyway as it can only effectively be used with FDMS!!

I feel that this wasn't adequately represented to us up front by the salesman at PaymentSense, indeed it was obscured as best as possible....even the machine was screen printed with PaymentSense livery...and since then these companies have run a divide and conquer tactic throughout the whole debacle....even now I can't be certain who I am dealing with.

BotXXXXX XXXXXne, as a new and small business we feel our ignorance was taken advantage off with some embarrassing but well versed ease, never would we have signed for that term but alas they managed to get our names on that contract and them sum they're demanding immediate payment for renders our company insolvent.

We offered a final settlement but that today has been rejected and we're left with complaining to the ombudsman on the off chance and then a trip through court to the Official Receivers....
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Do you accept you signed a 5 year contract? Was it not read before being signed please?
JACUSTOMER-hqrr64yh- :

Sadly we were rushed though the process and ashamed to say that well fell into their sales technique. There are hundreds on the web reporting the same problem. We think we were taken advantage of.

The sales banter throughout lead us up the garden path of believing that we were signing for one year with PaymentSense itself. But we got "just sign this and then that and you;re up and running"

The bombshell didn't his us until we wanted to change the merchant be told that the machine can only be used with a First Data company. So here we were with a machine that we couldn't use unless we carried on with First Data's merchant services!

This was never divulged during the selling, the five year lease agreement was never told to us in advance of the contract being presented to us as something insignificant piggy backed onto a one year agreement for processing transactions. It wasn't strictly speaking, hidden but for something so serious...this could cause us to fold now...our attention was kept focussed elsewhere

Alex Watts :

Its bad news I am afraid, if you were a consumer you would have far more rights and cooling off period etc.

Alex Watts :

However as a 'business' you are expected to read things before you sign and make sure that you know what you are getting into

Alex Watts :

I am sure it is the case you were mis-sold but sadly you needed to read the small print.

Alex Watts :

If the position is set out in the small print you are stuck with the contract, no matter how unbeneficial it is

Alex Watts :

I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

However I would suggest contacting Trading Standards - if enough people complain then they may be able to do something

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  Nicola-mod replied 4 years ago.

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