In May and June of Bruce Rowland of the above mentioned company, came to my business on several occasions, encouraging me to sign my business up for his credit card processing service, and time-payment processing services. He offered a good sales pitch, and offered merchant processing rates lower than what I was paying with another entity.
After several visits, and being in a position to end my agreement with another provider shortly, I agreed to sign up with his company. On July 15 I signed the contract, and paid Mr. Rowland a deposit of $195 by company check, payable to him personally. This fee was for the cost of the software required to be installed on my computer, to process credit/debit card transactions. The balance of $200 would be due when he returned to install his company's software, and set up my service, and this was noted on my company check. At that time he advised me that he would return in 5-10 business days to complete the installation and provide me with a copy of the contract. He also mentioned that I would be "very impressed" if he returned in 2 business days.
My check was cashed at my bank, that afternoon, shortly after he left my place of business.
On Monday, August 17, I still had not heard from, nor seen Mr. Rowland since the day he took my check, some 22 business days earlier. I initiated contact by telephone, to inquire about the delay. He stated that he had tried, "several times" to contact me, but was unsuccessful. My telephone answering machine is in working order, as is my caller ID service, and my business has been open as usual during the entire elapsed time period. I could find no record of his alleged attempts to contact me. At that time, Mr. Rowland made an appointment with me for Wednesday, August 19, to set up service.
August 19 came and went, no call and no show from Mr. Rowland. I was at my place of business from 9:00 AM until after 8:00 PM.
I called again on Monday, August 24th and left a phone message. My business is closed on Mondays so I left my cell phone number so he would be able to reach me at any time. On that same afternoon, Mr. Rowland left a message on my business answering machine (not my cell phone as I'd requested), again stating that he had tried to reach me on the 19th, "a couple of times." My shop is open from 10:00 AM until 8:00 PM on Wednesdays and I was there early and stayed late - he did not call me. I did return his phone call on Tuesday, the 25th and left another message. I have not had any further communication initiated by Mr. Rowland since August 24.
My hours of business are posted on my door, on my website, on various web directories, and are spoken on the greeting of my business' answering machine. My business is open for 44 hours per week, and I am often here before opening, after closing, and on the day of the week when the store is closed all day. I am not at all difficult to reach. I wish I could say the same for Mr. Rowland.
On Thursday, August 27, I sent a certified, return receipt letter by USPS to the address on Mr. Rowland's business card respectfully requesting a refund of my $195 deposit within 5 business days of receipt of the letter, as 30 business days had passed and he still had not fulfilled his part of the contract. The letter was delivered on Friday, August 28, and I received the return receipt on Saturday, August 29.
I have not received a refund, nor have I had any contact initiated by Mr. Rowland.
On Wednesday, September 30, I telephoned Mr. Rowland, and he answered, I told him who I am, and asked about my refund. Mr. Rowland told me he would refund my money on Thursday, October 1. I advised him that if I do not receive my refund, I will pursue legal means to do so. He suggested to me that I don't really want to do that. Once again, no call, no show. I was at my place of business from before 10:00 AM until 8:30 PM.
It is now Friday, October 2. I have attempted twice this morning to contact Mr. Rowland by telephone. Twice I reached his voice mail. I have left one message today reminding him that he has not yet refunded my $195.00.
The bottom line: I have paid $195 and I have received nothing.
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