Am I still liable to pay?

sniffysniffsniff

Hi,

Ill try and keep this simple. Ill use initials for the companies for privacy.

I recently bought a business in May of this year. The card machine I use was through a company Ill call CS. The processing side is through a company called TP. The contract for CS was signed for a renewal of 36th months in 2022. (Not by me) CS contacted me around July asking if I would like to move to another processing company, called Mo. I was having a terrible experience with TP, so after hearing what the rates were, and they were better, I opted to swap over. Swapping over, just added an extra 12months (Or so I was told) I signed that agreement.

After a few months, I get my first settlement bill, to which I could see some "extra" charges I werent familiar with. I called Mo and they explained what they were.

Before I swapped over from TP to Mo, I was told the monthly PCI fees will be brought down to 50p from £5 if I was to swap. They were still at £5. When I questioned it and said I was told in an email, they said, because I hadn't "reminded" them at the time of swapping, then it doesnt comply (Even thoughtI had written evidence of the conversation) Bear in mind this was a couple of months previous.

I had asked how long the contract was when they were telling me their spiel, and they said it just carries on from my 2022 contract, with just an extra 12 months. But this now says a new 36 month contract. This is a new contract, rather than a changeover.

I am being charged extortionate fees for over the phone payments. I was told it wouldnt be any more than in-person payments. It is not in the contract anywhere about paying more for over the phone payments. When I question it, they said its "standard" in the industry, but this is untrue. They said I wouldnt pay more, but I am.

When I asked what the procedure was for terminating the contract, I was told, it would be the monthly machine cost, plus the PCI fees over however many months are left. Plus to send the machine back was £130, with a fee of £400 plus VAT for non returned machines. It says nothing about £130 fee in the terms, and the non-returned fee was £300 (No VAT) When I question why it was £130 to send back, they said that was for "collection" but I can send it back at my own cost, which was just over £6.

They say I owe them 33 months or remaining contract, but if it was just carrying on from 2022, it would 28 months, so they have made that up too.

They are making things up that dont exist, and telling me different things.

I have all phone calls recorded and emails.

I have sent the machine back,and just paid last months fees, for using the machine in Sept. I have emailed a formal complaint stating all of the above. I feel I was mislead and misinformed. If I had known all of the above, I wouldnt not have moved over.

Would I be liable to pay the remaining months if they have mis-sold/breached their contract? They originally said I had to pay £816. And then I got an email yesterday saying their still awaiting payment of £917. They keep changing.

To summarise:

It is a new contract, not a swap over.

The PCI fees are more than they said the were.

The over the phone payments are more, when I was told they wouldnt be. NOT IN THE CONTRACT

Sending the machine back incurrs a £130 fee. NOT IN THE CONTRACT

Non-returned machine incurs a £400 plus vat charge, contract says £300 No Vat.

They have 8 weeks to give me a response. If they say I am liable to pay, what do I do if I dont think I am liable?

Thankyou

penners324

You lodge an official complaint with them using the email correspondence as evidence.

Get the DD cancelled so they can't take any fees. Send the system back to them.

Sounds like they aren't stick to their contract