My question involves business law in the state of Michigan
A credit card processing salesman came to our location claiming he could improve our credit card processing fees.
His statement was that his company handled all the processing and equipment so there was no middleman and that he could lower our monthly overhead though his contract wanted a 4 year commitment.
After going over the numbers we decided to give it a try provided we were able to withdraw if we were unhappy with the service. He assured us this was possible and as an assurance he hand wrote us a paper stating that should we be dissatisfied we would be able submit cancelation in writing that we wish to terminate contract.
We went through the fees thoroughly and on the first months billing we found a fee that was not supposed to be there. We called the company immediately and attempted to get this corrected. We were assured it was a mistake and next month’s billing will reflect the correction.
Next month same thing and response. Third month we started objecting and the wife you handles the bookwork and very principled would not let it go. After many phone calls the secretary faxed over the contract we signed to point out were the fee was CLEARLY stated. It was at this point we found the original contract was altered after the sales rep left here. We faxed over our copy and pointed out it was CLEARLY not supposed to be there.
At that point the secretary said we would have to make an appointment with the owner of the company to get this corrected. We tried to do that but trying to set one was impossible.
Finally after 2 months of trying to get an appointment we went for legal help and after a letter from the lawyer we were able to break the contract ---SORT OF and this is where the problem now lies.
There was an equipment lease rolled into the paper work that was not part of this company as the sales rep stated and they have been calling up to 6 times per day on our private line as well as the business line for nonpayment of the 4 year contract. The equipment company said that they do not use representatives and we signed the contract and are therefore liable.
Another trip to the lawyer and a letter was sent to that company to explain the fact that the contract was terminated with the company for breach of contract. No response from them just more calls. Then the letters start.
This has been going on for over 3 years and we have documented every phone call (over 1000) and recorded all conversations (with their permission) with them.
One day I lost it with one of the callers. She finally got me calmed down and wanted to know what was going on. All the calls and all the explaining to all the previous callers and NOTHING was ever documented. I told her our credit rating was A1 and that this was not just someone trying to get out of a bill that there was a serious problem here. She explained the process from their end and I explained what went on from our end and in short she said a possible settlement offer may allow us to terminate their agreement in good faith. We threw our best offer out (much to the wife’s displeasure) and they countered with a 5% discount on the remainder of the contract. What a joke. Now they are threatening to put a lean on our home.
My question is this even possible? Is there a way to get them off our backs? We keep telling them to take us to court or stop harassing us but it makes no difference to them. They just keep calling every day on our private and business line. And are increasing the letters to every week again.