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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, I am 3 and half years into 5 Year contract with PaymentSense/First

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Hi Alex, I am 3 and half years into 5 Year contract with PaymentSense/First Data Global Leasing for card processing terminal at £19.95 + VAT per month. The terminal machine has malfunctioned for me and evidently many thousands of other users. Paymentsense/FDGL have provided a software fix that does not work on my machine. They promised a replacement machine next day that has not arrived. I have now been unable to take card payments for three days and this is affecting my business. Is this grounds for me to terminate my contract without incurring further rental fees and restocking fees? After all they have not lived up to their side of the contract to provide me with a working machine.
Ash
Hello my name is ***** ***** I will help you with this.
Have they said how long is it going to be?
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Customer: replied 2 years ago.

They can't or won't say. They tell me to keep trying the software update but it doesn't install correctly even after 20+ attempts. Also some confusion on their part as to whether a replacement has been sent out or not. I can't run my business like this! Lots of complaints by other users on Twitter leads me to think this is going to take some time to resolve. I can get a new machine/contract with Barclays in five days. I want to get out of this one asap.

Indeed. You can terminate as this is a fundamental breach of contract - the whole point of a terminal is that you can take cards!
You need to ask them to fix it within 24 hours or say you are terminating and going elsewhere. So yes you can terminate on that basis. If it went to Court, given the value it would be a small claim, therefore you wont need to worry about costs of having a lawyer etc.
But you can terminate for this fundamental breach of contract.
Can I clarify anything for you about this today please?
Alex
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Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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Alex
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