Fine Rory~

Obviously you have no intentions of doing the honorable thing and being true to your word that you were sending me a new terminal so, I could fulfill my end of the bargain of processing Credit Cards through your terminal. I am more than happy to process Credit Cards and repay you as our agreement was decided. You simply need to send me a Credit card terminal that works. I am sure you have plenty on hand, it would take all of 5 minutes to put a shipping label and send it to me so, I can start processing cards through it.

Simple and easy. It takes a lot more sense and less energy than screaming at me and calling me a"Fucking Retard" and hanging up on me. You Not very professional Rory. Hiring an attorney is unnecassary as you have not given me the ability to pay you back through 20% retention of all my Credit Cards processed through you. It simply takes a working Credit card terminal to fulfill the repayment of this loan.

That is all I am asking, please send me the terminal you said you were sending out to me upon return of the obsolete one you sent me. It took technical support several times to Batch out the report & we could not figure out how to process a transaction on it.

Just simply put a Machine on the truck as you said you would so, I can repay you as we originally agreed, which I am more than happy to do.
This can be resolved with out the "F" word and calling me RETARD.

Once, again I am waiting for a Credit Card Terminal so, we can complete our agreement but, I can not start to pay you back without a terminal to process Credit Cards on through your company.

~Kimberly

--- On Thu, 7/1/10, Rory Crawford <[email protected]> wrote:


From: Rory Crawford <[email protected]>
Subject: MERCHANT CASH AND CAPITAL FINAL DEMAND FOR PAYMENT
To: "[email protected]" <[email protected]>
Date: Thursday, July 1, 2010, 10:20 AM

Kimberly – A working credit card terminal was sent to you. It was confirmed to work before being sent to you and again after it was returned by you. The terminal clearly worked while in your possession as MCC requires that a few transactions be processed before funding. Processing by you through the terminal that was sent to you was confirmed before funding. At no time before being funded did you mention in writing to anyone at MCC including myself that the terminal was not working.


When you were asked why no credit card transactions were being run after having received the funding you explained that the reason was because the terminal was “archaic.” MCC has attempted to provide you with a terminal at no cost to you for the purpose of repaying the advance. You have refused to use said terminal. It being “archaic” is a subjective term and in no way an acceptable reason to not use a machine especially after having demonstrated an ability to use the machine to receive the funding.


As part of the advance you agreed to solely use the credit card processing services of EVO Merchant Service. Your continued use of Global Payments constitutes breach under the merchant agreement. As a result MCC has elected to enforce its right per the merchant agreement to place any and all processing accounts “on hold.” This account and any other account you are found to be using will remain on hold until such time as the cash advance has been repaid in full.


At this point there are two options that are acceptable to MCC. Firstly, you can purchase a terminal that is compatible with EVO Merchant Services and resume processing with EVO in order to repay the advance. The funds on hold with Global will remain on hold until such time as the account is paid off or you elect to direct Global to release 100% of the funds being held to MCC to be put towards repaying the advance. Secondly you can payoff the account in full.


Your current cash advance balance is $1, 885. As a result of your ‘stop payments’ to the seven (7) ACHs MCC debited from your account as part of the remedies made available to MCC in the event of your breach, an additional $245 is owed ($35 per reject x 7 = $245.) Lastly, reasonable attorneys fees of $471.25 have been added to your account as a result of MCC needing to engage an attorney in order to place your processing account on hold as a result of your breach of the merchant agreement. If you wish to payoff, the amount that MCC will accept in order to consider the account paid in full, release the UCC1 lien against the business, release the hold with Global, and discontinue the legal action against you is $2, 601.25


Please let me know how you plan to resolve this issue.


Thanks


Rory


Rory Crawford

cid:[email protected]

450 Park Ave South, 11th Floor

New York, NY 10016

Dir: 212-448-8363

Cell: 917-975-2273

Fax: 888-293-0532

Email: [email protected]

Web: www.merchantcashandcapital.com