I tried to make this as concise as possible, but this is NOT a concise situation. I am at my wits end, and also my monetary end, and do not know what to do. I am an artist who opened a local gallery to support local artists. I wanted to own my own business, live the American Dream, which to me is being content with what I do, not to get rich. The following situation has taken a mental, emotional, & monetary toll on me, I could use any help I can get to really figure out what is going on! I already have a nearly $2000.00 attorney bill, and have been advised that while I could sue, it would cost me more in fees than I would ever receive from a suit, and that it would not be advantageous. Please let me know if you can HELP!
Summary of Situations:
Situation #1 National Translink
In March I signed a contract with National Translink for credit card service processing. I was told the amount would be $37.47 a month. After service started I was charged upwards of $75-80 each month for charges that were never disclosed by the sales representative, Jeru Thomas. Since this lease was labeled non-cancelable I was told there was nothing I could do.
On September 28, Shawn Kelley, a representative from VMC Corporate out of Fort Wayne, Indiana came to see me and I told him what was going on with National Translink. He told me they were double-charging me and had given me an out-of-date machine, and that his company could fine National Translink for their questionable business practices and gets me out of my lease by transferring it to someone else. He brought me a note from VMC Corporate stating I was to receive a refund from National Translink, took my machine to be transferred, and I signed a new lease with his company with his word (not in writing) that the first six months were to be paid for by VMC Corporate, and that it was a FLAT FEE of $75.00 a month. (SEE SITUATION # 2) He told me that Translink activity may continue for a month or so, until all the paperwork was ironed out.
Over the next month, Translink deposited and withdrew money in & out of my account. I assumed they were paying their fine, and assumed it had been more than I was told it would be. I couldn't think of any other explanation, and had not been contacted by anyone.
Then, on Tuesday, December 21, I was contacted by a business owner in Ada, Ohio, who claimed I received his credit card sales from October 15-November 7, to the amount of around $3200.00. Once I added up the numbers I came to realize the fine from Translink was a lie and the deposits into my account did equal around the amount Mr. Guthrie claimed.
In the meantime, Jim Tracy from National Translink my bank and informed them that I had taken someone else's money and closed my account. He asked her to contact me and give me his number. He also contacted the Local Police and did the same thing. I have since paid back Mr. Guthrie and had legal papers drawn up releasing me from further repercussions with National Translink, at a cost of several thousand dollars in attorneys fees and interest charges on my credit card (which I had to use to pay the amount back.)
Situation #2 Lease Finance Group, Division of CIT
On September 30, I signed a lease with CIT for credit card processing services. Shawn Kelley, a representative of VMC Corporate, brought me a credit card machine on October 1, stating it may take a few days for the information in the machine to be correct. On October 6, he returned to take the machine back stating it was broken and would be replaced. A couple of days later he told me that the company did not want to replace the machine; they wanted to try to fix it first. He said that that might take a few weeks. I never received a machine back after that, so I have not had an active credit card machine in my place of business since Thursday, September 30.
CIT automatically withdrew money from my bank account on 11/2 and 11/16. They claim I now have two leases, the one from National Translink (which obviously was never cancelled), as well as the new one, for which I have never had a machine. Because I was scared and upset, and felt fraud was occurring, I chose to close my bank account on 11/20/04.
They have now sent notice that they are sending the leases to outside legal counsel and I owe approximately $6700.00. They have also ruined my good credit rating, stopping my ability to apply for new credit or use any existing credit, as well as hiking my rates to 35% interest! I have recently been advised that Central Bancard (the processor for this lease) may be responsible since Shawn Kelley was their agent, but I don't know how to confirm that!
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