Entrepreneurship & Small Business

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

Newbie
Jan 7, 2020
5 posts
Can anyone give me some advice on how to deal with first data lease cancellation. I have had the payment processor for 20 months and they have taken unapproved fees that our not in my contract I have also not been paid the proper amount on credit card sales they have taken up to 20%. This past month they withdrew 145 from my business account claiming it was an annual compliance fee which is not in my contract and I seized the opportunity to cancel. Merchant services cancelled on their end but claimed it was as a courtesy and not due to compliance which is false. Now global leasing is saying I still have to buy out the contract. I am now seeking a lawyer as I can legally cancel a contract when they charge funds that are not in my contract. I stopped payment on anything first data related items but eventually had to close my business account how do I preserve my good credit
Deal Expert
User avatar
Mar 18, 2005
23686 posts
5125 upvotes
Niagara Falls
QuickcallD50045 wrote: Can anyone give me some advice on how to deal with first data lease cancellation. I have had the payment processor for 20 months and they have taken unapproved fees that our not in my contract I have also not been paid the proper amount on credit card sales they have taken up to 20%. This past month they withdrew 145 from my business account claiming it was an annual compliance fee which is not in my contract and I seized the opportunity to cancel. Merchant services cancelled on their end but claimed it was as a courtesy and not due to compliance which is false. Now global leasing is saying I still have to buy out the contract. I am now seeking a lawyer as I can legally cancel a contract when they charge funds that are not in my contract. I stopped payment on anything first data related items but eventually had to close my business account how do I preserve my good credit
If you're getting legal advice, you're going to want to follow that more than anything someone on the Internet says. When I cancelled my contract, it was a similar situation. They tried to add on some new fee so I used the opportunity to cancel the contract, however what I hadn't realized is that I had signed two separate agreements. One for the service and one for the hardware. I was able to cancel the service agreement but not the hardware one. I was stuck with the hardware agreement which I had to pay for the full 5 years.
Newbie
Jan 7, 2020
5 posts
I actually only signed one agreement. All fees are on the one contract but it does indicate they may use separate entities. I am still looking for a lawyer in my area that deals with these types of contracts
Newbie
Jan 7, 2020
5 posts
Also my contract does not say non cancellable consumer protection states they can’t raise rates so this makes no sense.
Deal Guru
User avatar
Feb 10, 2007
13938 posts
5434 upvotes
Dude.. call a laywer
QuickcallD50045 wrote: Also my contract does not say non cancellable consumer protection states they can’t raise rates so this makes no sense.
The sweetest gyal
Newbie
Dec 11, 2018
1 posts
Yes there is a way to get out... Basically if there is a rate change you have the right to cancel out of Canadian code of conduct with in 30 days of the rate change.
Deal Addict
Oct 17, 2010
2059 posts
359 upvotes
Evil Baby wrote: Yeah, FirstDate is a horrible company. I was able to get out of their merchant agreement because they tried to tack on some bogus fee that was not part of my initial contract, but I am still stuck with the terminal. Personally, I've just moved onto Square, as for me it's significantly cheaper over the year even though Square's per charge rate is higher.

I think I have 1 more year left on the terminal lease. It's rather disturbing how much they charge to break the contract, considering I've been with them for 4 years and they still want a grand to get out of it early. Lessoned learned however.
are you still using sqaure?
Deal Addict
Oct 17, 2010
2059 posts
359 upvotes
MisterTransmissionToronto wrote: I'll try to keep this brief:
I too was duped by this company. A Clover rep set me up 7 months ago, the rates weren't explained properly, the $5/month theft or damage replacement insurance on the policy was crossed out on the policy and it was all rushed through with a 5 to 10 minute phone call and a "docusign" contract - perfect for when you're in a rush and don't wish to negotiate.
Was sold by Daniel Peake in Ontario presumably. I never met him though he was supposed to visit my shop according to regulations.
When the Clover device was stolen I was left on hold for hours with their supposed "customer care" with no resolve.
Through a miracle i was put i touch with their retention division after being denied to speak with them with Customer Care.
To replace the machine OR buy out was the same price. So leaving the contract was the way to go as I was robbed by First Data/Clover a final $1500
Run do not walk away from this crooked/ arrogant and underqualified group of thieves.
who did you end up going with
Sr. Member
Oct 31, 2012
631 posts
45 upvotes
SCARBOROUGH
I avoided First Data after being tricked into a contract. They promised me a $500 gift card to switch over to their company on the phone. When I switched over they said that the offer is available but not applicable to me. I fought them for a long time to get that $500 until I eventually gave up. Record all conversations/phone calls with First Data!!
Black lives matter!
Deal Expert
User avatar
Mar 18, 2005
23686 posts
5125 upvotes
Niagara Falls
thatsnazzyiphoneguy wrote: are you still using sqaure?
I am, but I'm extremely low income per year. It's a side business for my father to make a bit of cash. We work a lot with hotels which, as you can imagine during this pandemic, haven't done great.
Member
Feb 18, 2014
325 posts
86 upvotes
elephantrider wrote: I avoided First Data after being tricked into a contract. They promised me a $500 gift card to switch over to their company on the phone. When I switched over they said that the offer is available but not applicable to me. I fought them for a long time to get that $500 until I eventually gave up. Record all conversations/phone calls with First Data!!
Are you dealing with First Data directly, or through one of their resellers?
Member
Feb 18, 2014
325 posts
86 upvotes
Evil Baby wrote: I am, but I'm extremely low income per year. It's a side business for my father to make a bit of cash. We work a lot with hotels which, as you can imagine during this pandemic, haven't done great.
With small volume, Square is your most cost effective option.
Deal Addict
Oct 17, 2010
2059 posts
359 upvotes
elephantrider wrote: I avoided First Data after being tricked into a contract. They promised me a $500 gift card to switch over to their company on the phone. When I switched over they said that the offer is available but not applicable to me. I fought them for a long time to get that $500 until I eventually gave up. Record all conversations/phone calls with First Data!!
they ddidnt tell you their was a contract? did u get out of it
Sr. Member
Oct 31, 2012
631 posts
45 upvotes
SCARBOROUGH
gamechanger wrote: Are you dealing with First Data directly, or through one of their resellers?
I'm not sure. They wouldn't reply to my emails or phone calls. Just ghosted me. When I called First Data head office they refused to tell me whether the person was an agent or a direct employee.
Last edited by elephantrider on Jun 13th, 2021 2:51 pm, edited 1 time in total.
Black lives matter!
Sr. Member
Oct 31, 2012
631 posts
45 upvotes
SCARBOROUGH
thatsnazzyiphoneguy wrote: they ddidnt tell you their was a contract? did u get out of it
There was a contract and the person reassured me that they will send the gift card right away. As soon as I signed it, they stopped all communications. Not only did I not get my $500, I had to pay like $500 for my other processing company to cancel early. The person promised me that the $500 gift card will make up for the cancellation fee. The person could had waited a few more months for my contract my other processing agent instead of screwing me over like that. If it was an agent, First Data protected him more than me, the paying customer. In the end it was not worth the time or money to argue with them, but I would rather pay more than be victimized like that again.

That's why I say record all phone calls with them.
Black lives matter!
Deal Addict
Oct 17, 2010
2059 posts
359 upvotes
elephantrider wrote: There was a contract and the person reassured me that they will send the gift card right away. As soon as I signed it, they stopped all communications. Not only did I not get my $500, I had to pay like $500 for my other processing company to cancel early. The person promised me that the $500 gift card will make up for the cancellation fee. The person could had waited a few more months for my contract my other processing agent instead of screwing me over like that. If it was an agent, First Data protected him more than me, the paying customer. In the end it was not worth the time or money to argue with them, but I would rather pay more than be victimized like that again.

That's why I say record all phone calls with them.
Thats sucks alot. the sale rep should be fired.
Are u still using first data / clovers ?

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