Public Mediation

My Claim vs. First Data Global Leasing

Kim's Nail Salon, LLC vs. First Data Global Leasing
5565 Glenridge Connector NE Suite 2000, Atlanta, Georgia, 30342-1651, United States
Amount Involved: $3,735.20
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 4791122
    • Amount Involved: 3,735.20
    • Filed On: Feb 27, 2018
    • Posted On: Mar 10, 2018
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"Apparently this is not a new complaint as upon my research I found hundreds of complaints against the First Data Global Leasing.
I entered into an agreement with Riverside Payments to provide my business with credit card processing. At the time of agreement the First Data was never mentioned. No contract with them was ever mentioned and more - I have asked numerous times the Riverside Payments sales person (Jessica Baker) if I can terminate the agreement at any time for any reason.
When I called the company to terminate the agreement I learned that I am in non cancellable contract for four years and they demand more than $3,700.00 for the equipment worth $150.00 to get out of the lease. When I refused to pay as to my best knowledge I am not under any contract with them, they turned me to a collector agency who harasses me daily. To the best of my knowledge, there are hundreds of similar complaints and so fat the First data is getting away with this apparently legalized theft. There was no disclosure of any kind about any non cancellable contract. If there is one, it is a fraud. It is time to stop this scam."
...
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What Claimant Wants Hide
1. Credit: Cancel the payment claim Mar 14, 2018 $3,735.20
2. Other – Copy claim to regulators Mar 14, 2018 $14.99
3. Other – Pay for claim posting cost Mar 14, 2018 $14.99
4. Other – Physical delivery charges Mar 14, 2018 $4.99
Cash total : $3,770.17
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Respondent's Counteroffer

There has been no response to this claim from First Data Global Leasing. This claim will remain posted until resolved
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  • Contributed Solution: by Alan Trachtman On 03-16-2018
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    The first thing I would suggest doing is to examine the agreement you executed (with Riverside Payments) paying special attention to the fine print, frequently called the "boilerplate" (The standardized, non-specific parts of a contract; the fine print that gets tacked on by lawyers to protect themselves and their clients) I've seen many examples of disputes where the complainant is assuming that the company he or she is dealing with is going to act in good faith (behave honestly) when in fact the company is running a scam. There is also a concept in the law known as the "doctrine of reasonable expectations", which is often applied to cases of insurance law. A more thorough definition is: A legal principle that, in general, the provisions of a contract are to be interpreted according to what a reasonable person (who is not trained in the law) would interpret them. This doctrine is particularly applicable in adhesion contracts (such as bank lendings and insurance policies) or where a provision is open to more than one interpretation. It favors the objectively reasonable expectations of the weaker party (borrower or insured) although the language of the provision(s) does not explicitly supports them. Also called reasonable expectations doctrine. I had success many years ago in a dispute with one of the major car rental companies. I'm sure you've seen the huge amount of "fine print" on the back of car rental agreements. Lots of companies take advantage of this trick, by putting some tricky wording in this part of the contract that enables them to charge customers more than they anticipated they were going to be charged. Once you ascertain that you haven't been a victim of this kind of legal skullduggery, I would then advise you that your claim is rather small in the eyes of most plaintiff's attorneys, and that a better solution for you might be to sue the company on your own. This type of lawsuit is frequently referred to as "pro se" (pronounced "pro say") In most courthouses, in the clerks office where suits are filed, there's a "pro se desk" with a clerk capable of giving you the necessary forms to fill out and advise you on procedures. Do not bother asking them for legal advice, i.e. what your chances are of prevailing in your suit, as they all studiously avoid answering such questions. Just get them to instruct you on how to fill out and file the forms, do so, pay the filing fee, and then get your complaint served on the defendant. In many jurisdictions, claims under a certain dollar amount can be served by registered mail, if so, make sure your save the card that you get with the recipient's signature on it as proof of service. You cannot serve the suit yourself, so you may need to employ a process server, however you can usually avoid that expense by having a friend serve the defendant with your papers. Your friend would then have to sign an "Affidavit of Service" which you would then have to deliver to the court clerk where you filed the action to be added to your file. The clock starts ticking on the defendant's allotted time to file a legal reply to your suit, once the service of your suit is made. Since you haven't yet paid the defendant's demanded fees, and have thus not yet suffered any serious financial damages, you therefore should file a claim for "declarative judgment" in which you're asking The Court to order the defendant to cease and desist from trying to get you to pay what they want, and also to force the defendant to order the collection agency to stop dunning you. You should also check with the credit bureaus, to see if the collection activity thus far has done any damage to your credit rating, and if it has in fact already been referred to the credit bureaus, you have a right to demand that the defendants see to it that these defamatory credit reports are withdrawn. If this happens, you may also ask The Court for financial damages as a result, but you should not drop your efforts to enforce The Court's ruling until you've verify that your credit ratings have been expunged. I hope this helps.
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  • 1
  • Contributed Solution: by George Maxwell On 03-14-2018
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    First Data should cancel early termination fees etc and require new verifications from outside sales More...
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  • Contributed Solution: by Sophie Blythe On 03-12-2018
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    First Data Leasing should review its business practices and its independent contractor practices and cancel the claimant's contract - and apologize More...
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