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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50138
Experience:  Qualified Solicitor
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Missold 3 card payment terminals as told best rates in

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missold 3 card payment terminals as told best rates in country. company now trying to charge large termination fees to cancel contracts, company bad communicators and terminals not updated with our company details after 7 weeks.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So how long ago exactly did you agree to their service and how exactly were you mis-sold the terminals?

Customer: replied 4 months ago.
we have 3 companies and one was signed up in March 2017, another in May and the other in June this year. the first company (a garage) has now moved to larger premises and the volume of payments has increased from £5K to £15K per month and we started to notice the percentage rates were high. our bank also contacted us and a guy came to talk to us about the percentage rates and the bank even said the rates were high and they could offer one third less. can I please point out that when the rep from the original company came to sign us up. he quotes the rates were the best in the country.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 4 months ago.

Thanks for your patience. First of all the claims that they were offering the best rates in the country is not something you can necessarily challenge, as long as they have actually provided you with the rates they promised at the start. Claims of being the bets, cheapest, etc is something you need to satisfy yourself with, especially as this was a business to business contract. You do not have the same protection as private consumers, so if another business you are potentially going to deal with makes such statements, you need to satisfy yourselves that this is indeed the case. What mainly matters is whether they have provided the rates which they promised you at the time you entered into the contract.

If they have stuck to the promised rates, even if they were not necessarily the cheapest, then that would give you fewer rights to cancel. It does not prevent you from trying to cancel anyway and basically hoping that they do not go as far as court, but I they wanted to they can. If they do then it would be for a court to decide who has a case and in the circumstances it could be either to be honest.

I still suggest you use the argument of misrepresentation to justify the cancellation and if threatened with further action, state that you will oppose it precisely on the grounds of misrepresentation and breach of contract. Hopefully that will put them off from claiming but if they really wanted to they can still issue a claim and then as mentioned it would be for a court to decide.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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