Cam Commerce & Total Merchant Services
I expected a lot of tribulations when I decided to try my hand at entrepreneurializm. I haven't even gotten close to opening and am already batting words like material breach, fraudulent inducement, aforementioned, and This is a bill, at swollen capitalist companies like Cam Commerce and Total Merchant Services. Yep, they tried to screw me and I haven't even swiped my first credit card yet. Hoodlums!
I was a victim of fraudulent misrepresentation and duped into signing a contract that was to be held as inactive and "on-hold", to quote the companies representative, then nailed with charges for an active account and then since it was active and I told them I did not want it activated and that they must inactivate it, I had $195 funneled out of my personal bank account to pay for the termination of the contract which was not to be active in the first place!
So, doing my duty as a capitalist piglet, I billed them! What do you think?
Anyone that would like to help in my fight against the Material Breach of a corporate giant against a piddly little wanna-be-my-own-boss-I'm-Gumby-Dammit-get-me-the-hell-off-Food-Stamps! potential small business owner, feel free to contact me. I'm never gonna get off Public Assistance at this rate! NEVER!
*THIS IS A BILL*
(Payment is due upon receipt of this notice)
For unauthorized activation of Merchant Account xxxxxxxxxxxxxxx, Hedge Witch, the sum of $230 is due upon receipt of this notice.
For fraudulent misrepresentation and material breach ( a failure to fully perform a duty owed under a contract when the failure was without legal excuse)of verbal contract, stating that aforementioned account #xxxxxxxxxxxxxxx, entered into with Globals Total Merchant Services, a Basalt, Colorado business, would not be activated until such time that in two weeks prior to grand opening of merchant account applicants business, The Hedge Witch, a phone call being required by proprietor Susan Bennett, to Total Merchant Services, to ACTIVATE THE DORMANT ACCOUNT WHICH WAS SETUP AS INACTIVE, AND "ON-HOLD", AS STATED BY THE REPRESENTATIVE OF GLOBALS TOTAL MERCHANT SERVICES, would then be activated and begin to incur charges as stated in the agreement signed by proprietor under the above mentioned guide lines outlined by your company's representative during contract negotiations, being employed by Globals Total Merchant Services. Therefore, the party, representative of Globals Total Merchant Services, willfully made false representations of material facts causing damages, therefore the company relinquishes it's rights to collect fictitious charges and releases Susan Bennett from performing under a contract where there was fraud in the inducement, otherwise known as a Material Breach.
As, the account, xxxxxxxxxxxxxxx, Hedge Witch, was NOT activated by Proprietor, Susan Bennett as stipulated in the verbal agreement which led to the signing of the contract with Total Merchant Services, but by a representative of Global Merchant Services in Material Breach of contract, the $35 fee for an active account must be returned to the account holder and the $195 termination fee is neither relevant nor legal in this matter and must be returned to Lamar Bank and Trust account xxxxxxx as well, held by merchant account holder, Susan Bennett.
The representative being in the employ of, Globals Total Merchant Services at the time of the verbal contract, binds the aforementioned company by the agreement to uphold the stipulations agreed upon by the representative and the merchant account applicant. Therefore, all fictitious charges incurred are neither relevant nor legal and must be paid to account holder, Susan Bennett for damages, and any fee's incurred on Lamar Bank and Trust account xxxxxxx caused by the illegal collection of fee's not relevant to the account as a result of said breach,in conjunction with said fraudulent misrepresentation and material breach of contract will be charged to Globals Merchant Services, and an additional fee of $195 will be billed to said company for bookkeeping, processing.
*THIS IS A BILL*
Please remit payment immediately, failure to do so will incur late fee's of 25% of $230 for each additional 24 hour period the payment is not received and any legal fee's incurred pursuant to the receipt of this notice related to collection of this debt.
Thank you and have a nice day, Susan Bennett
11/13/2005 4:26 PM
word count 697
I was a victim of fraudulent misrepresentation and duped into signing a contract that was to be held as inactive and "on-hold", to quote the companies representative, then nailed with charges for an active account and then since it was active and I told them I did not want it activated and that they must inactivate it, I had $195 funneled out of my personal bank account to pay for the termination of the contract which was not to be active in the first place!
So, doing my duty as a capitalist piglet, I billed them! What do you think?
Anyone that would like to help in my fight against the Material Breach of a corporate giant against a piddly little wanna-be-my-own-boss-I'm-Gumby-Dammit-get-me-the-hell-off-Food-Stamps! potential small business owner, feel free to contact me. I'm never gonna get off Public Assistance at this rate! NEVER!
*THIS IS A BILL*
(Payment is due upon receipt of this notice)
For unauthorized activation of Merchant Account xxxxxxxxxxxxxxx, Hedge Witch, the sum of $230 is due upon receipt of this notice.
For fraudulent misrepresentation and material breach ( a failure to fully perform a duty owed under a contract when the failure was without legal excuse)of verbal contract, stating that aforementioned account #xxxxxxxxxxxxxxx, entered into with Globals Total Merchant Services, a Basalt, Colorado business, would not be activated until such time that in two weeks prior to grand opening of merchant account applicants business, The Hedge Witch, a phone call being required by proprietor Susan Bennett, to Total Merchant Services, to ACTIVATE THE DORMANT ACCOUNT WHICH WAS SETUP AS INACTIVE, AND "ON-HOLD", AS STATED BY THE REPRESENTATIVE OF GLOBALS TOTAL MERCHANT SERVICES, would then be activated and begin to incur charges as stated in the agreement signed by proprietor under the above mentioned guide lines outlined by your company's representative during contract negotiations, being employed by Globals Total Merchant Services. Therefore, the party, representative of Globals Total Merchant Services, willfully made false representations of material facts causing damages, therefore the company relinquishes it's rights to collect fictitious charges and releases Susan Bennett from performing under a contract where there was fraud in the inducement, otherwise known as a Material Breach.
As, the account, xxxxxxxxxxxxxxx, Hedge Witch, was NOT activated by Proprietor, Susan Bennett as stipulated in the verbal agreement which led to the signing of the contract with Total Merchant Services, but by a representative of Global Merchant Services in Material Breach of contract, the $35 fee for an active account must be returned to the account holder and the $195 termination fee is neither relevant nor legal in this matter and must be returned to Lamar Bank and Trust account xxxxxxx as well, held by merchant account holder, Susan Bennett.
The representative being in the employ of, Globals Total Merchant Services at the time of the verbal contract, binds the aforementioned company by the agreement to uphold the stipulations agreed upon by the representative and the merchant account applicant. Therefore, all fictitious charges incurred are neither relevant nor legal and must be paid to account holder, Susan Bennett for damages, and any fee's incurred on Lamar Bank and Trust account xxxxxxx caused by the illegal collection of fee's not relevant to the account as a result of said breach,in conjunction with said fraudulent misrepresentation and material breach of contract will be charged to Globals Merchant Services, and an additional fee of $195 will be billed to said company for bookkeeping, processing.
*THIS IS A BILL*
Please remit payment immediately, failure to do so will incur late fee's of 25% of $230 for each additional 24 hour period the payment is not received and any legal fee's incurred pursuant to the receipt of this notice related to collection of this debt.
Thank you and have a nice day, Susan Bennett
11/13/2005 4:26 PM
word count 697
posted by Susan at 2:29 PM
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