Entrepreneurship & Small Business

How do I get out of my debit machine lease with First Data?

Newbie
Mar 31, 2010
30 posts
12 upvotes
Pickering
If a contract term is not properly explained and the condition is not understood because the contract is not clear, common law sets out a few guiding principles. One of those is the doctrine of Contra Proferentem . This a Latin term which means “against the offeror.” Here is the definition below. I have used this defense in a contract law matter .
"Contra Proferentem refers to a standard in contract law which states that if a clause in a contract appears to be ambiguous, it should be interpreted against the interests of the person who insisted that the clause be included. This usually comes up when a contract is challenged in court. If the court reviews a contract and finds that a clause is ambiguous or could have more than one meaning, it determines which party wanted that clause included and interprets in favor of the other party."

I absolutely agree with Gamechanger that the onus is on the person signing the contract to read it thoroughly before signing. Unfortunately there are situations where people have done their due diligence and 'thought' they understood the contract, but found out certain clauses meant something different. There are sales representatives who lead prospective customers into misinterpretations as well. If it looks foggy, it probably is...
Jr. Member
May 19, 2008
159 posts
19 upvotes
sorry to hear you had bad experience with FirstData. Can you please let me know what kind of bogus charge they tag on? I have not seen any on my bills so I can watch out for?

Thanks
Newbie
Oct 6, 2017
3 posts
Kimberley-Robyn wrote:
May 13th, 2012 6:52 pm
Generally speaking, if you are able to claim unfair or dishonest selling tactics and are able to prove them, then, if the leasing company is reputable, they will distance themselves and allow you to terminate the lease agreement. However, do bear in mind that leases are legal docs and can be binding. I have helped clients get out of leases... however, you must be not easily intimidated and be prepared to go the distance. Usually the lease is done through a third party finance group that is a separate entity from the ISO/MSP. However, there are a few exceptions... for example, Ladco is owned by Elavon .

I would suggest a thorough review of what you signed for and double checking your statements and original contract...and then take it from there. Usually your answers are there. Please do feel free to contact me if I can be of service.
Kimberley
I have this dishonest sale person, instead of him transferring the lease of the terminals with Fist Data to the new owner. He created a new lease. Now they are sending me letter asking for monthly payment. I have text messages, recording phone call of his lying and deceiving conversation. Can you give me some suggestion on how to deal with this?
Newbie
Oct 6, 2017
3 posts
whymeagain wrote:
Nov 20th, 2012 6:24 pm
Can you give me some suggestions on getting out of this lease please...
I recently sold my business. Called First Data agent asking him to transfer the leased terminals to the new owner to release me of the lease . Instead, he created a new account and a new lease. Now I have this lease and getting letter to pay for the monthly leased machines which I don't use anymore. I called him and he said that the new owner is qualified for new machines because the old one are old. He would have the old ones pick up and nothing will be charged and i will be released of my lease, but never did. Now I get letter asking to pay for the lease machines still and he told me to ignore it I don't owe any money. I have text messages, voice recording messages of his wrong doing. Does anyone know how to deal with this situation and give me advices please.....
Member
Jul 4, 2012
360 posts
25 upvotes
Calgary
Please PM me
I am at the same situation
Deal Addict
User avatar
Dec 3, 2004
4408 posts
2055 upvotes
Vancouver
I just threw my first data terminal in the trash and stopped paying them. They phoned a few times asking to update payment method and tried to guilt me into it but in the end they left me alone and nothing ever showed up on my credit just ignore them
Jr. Member
Feb 18, 2014
145 posts
24 upvotes
adamtheman wrote:
Oct 12th, 2017 5:42 pm
I just threw my first data terminal in the trash and stopped paying them. They phoned a few times asking to update payment method and tried to guilt me into it but in the end they left me alone and nothing ever showed up on my credit just ignore them
They will put you in collections.
Deal Addict
User avatar
Dec 3, 2004
4408 posts
2055 upvotes
Vancouver
gamechanger wrote:
Oct 13th, 2017 10:12 pm
They will put you in collections.
No, they didn't. This was several years ago. No collections.
Deal Addict
User avatar
Dec 3, 2004
4408 posts
2055 upvotes
Vancouver
summersnow73 wrote:
Oct 14th, 2017 11:39 pm
Did they send you letters demanding payments?
They sent me letters. Should I ignore them letters too? or get legal help?
Throw the letters in the trash. They aren't going to do anything. Businesses generally don't sue over $2000, it's not worth their time.
Jr. Member
Feb 18, 2014
145 posts
24 upvotes
adamtheman wrote:
Oct 15th, 2017 1:59 am
Throw the letters in the trash. They aren't going to do anything. Businesses generally don't sue over $2000, it's not worth their time.
When you sign these leases, you are also giving a personal guarantee. In my experience, they will harass you, and it will negatively impact your credit.

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