I purchased the a salon in January and the credit card machine came with the purchase. Since then I have been using the machine with BB&T Merchant Services. Early June I asked my son to call BB&T Merchants on my behalf regarding repairs. When he spoke with BB&T they suggested that we purchase a new machine for $269 instead of trying to repair it. I agreed and sent for a replacement.
On June 16 a sales representative showed up and indicated to me that he was a sub contractor of BB&T (contact information on page 6 of the contract, please see attached). He appeared in my salon regarding the credit card machine after I had called BB&T about a replacement machine. I informed him that I had already sent the payment to BB&T Merchants and in reply he stated that he knew Mr. Faulghnm and would have my payment voided for me.
Therefore, I asked one of my employees to talk to the representative because of my limited English and the fact that I was busy with a customer at the time. My employee interpreted some of the information to me while I was with a customer that the machine is FREE and there would not be any rental fees. Under the guise of working for BB&T the representative took down my social security number without informing me about any contract.
To me it was to validate my identity. I continued working with my customer and the contractor continued talking to my employee. He never mentioned a contract to me, never asked me to sign a contract, and I did not give a verbal agreement to any contract or lease agreement.instead he talked my employee into signing under my name. He left and approximately one month later I received a copy of the contract and saw that I now had to make scheduled lease payments for 48 months.
I brought the contract to my employee's attention and found out that he was given a blank contract (was never told of a lease agreement) in which he, an employee of the salon and not the owner, signed. A copy of the contract was not left, nor was a carbon copy of what my employee signed. My employee assured me that the section on lease payments was blank. I read through the contract and noticed that an ABILITY TO OPT OUT was an option, however I was not able to exercise this due to the fact that I had no knowledge of a contract being signed, no copy of the contract left after signing, and the contract sent to me after the option to opt out had expired.
I have tried contacting the representative that showed up that day but have never been able to reach him. I was able to get in touch with a manager and I explained how I did not sign a contract to lease this machine but he refused to help me with the situation. I then tried contacting MBF Leasing directly which has led me here now. They have continued to deduct money out of my business account, even more than what was on the contract, that I DID NOT AGREE TO, monthly; sometimes more than once a month.
I have already sent in copies of my signature and have already explained my situation multiple times to my state attorney general and the AG in Illinois. They have sent me an affidavit of forgery but I do not want to sign it because there is no way that I will give these people my actual signature. There are too many reports of people saying that this company forges documents with it. As of now they only have documents with the signature that my employee signed which is nowhere close to mine. I've explained how they obtained the signature so I don't understand what investigation they need to do. Should I bring them to small claims court now?
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