Consumer complaint received 2021-07-02
Company: FIDELITY CAPITAL HOLDINGS, INC
State: PA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
In XXXX, XXXX I was searching online for an affordable small business merchant account to accept debit/credit cards. I put my contact information online and Mr. XXXX XXXX an Agent of XXXX XXXX XXXX XXXX ( See Attachment # 1 with his company contact info including office and cell numbers ) called me within an hour of my query. Later that day, he emailed me the prepopulated merchant application based on my responses to his questions during that call. I got no other documents to sign to complete that application which clearly stated fees of only {$19.00} annually and a monthly fee of {$25.00}. XXXX XXXX XXXX XXXX is the merchant It sounded perfect so I signed and digitally sent back the merchant account application. The following month XXXX XX/XX/XXXX XXXX they debited {$71.00} from my account as a fee. I immediately called Mr XXXX who stated that they would correct that error. I waited but no correction was made in spite of numerous phone calls to XXXX XXXX. The following month XXXX XXXX, XXXX ) they debited {$71.00} from my business bank account again. At that point, XXXX stopped taking my calls and did not respond to me voicemails or emails to correct the issue. 
I then contacted my bank to block any further payments to them. The XXXX payment was reversed and the XXXX, XXXX was blocked. 
On XX/XX/XXXX I completed their Closure Request Form and emailed it to XXXX per the instruction on the header of that form. ( See Attachment # 2 ). I also faxed that Closure Request form to the fax number on form header. ( See Attachment # XXXX - proof of fax ) On XX/XX/XXXX I emailed XXXX XXXX notifying him that I cancelled my account and once again wanted those fees refunded ( See Attachment # 4 ) On XX/XX/XXXX, XXXX XXXX responded to my message instructing me to Fill out the form and return it. XXXX said when its returned your account will be refunded. ( See Attachment # 5 ) Instead of refunding my account, XXXX XXXX put an unpaid debt on my credit report in the amount of {$630.00}. Over the years I have disputed this bogus debt every year since XXXX. Each time they reply that the debt is valid. They subsequently sold the debt to a collection Agency and as of XX/XX/XXXX Fidelity Collection Agency claims I have a {$770.00} unpaid debt. 
PLEASE HELP right this wrong. By law, I owe them nothing because 1. I sent in their Cancellation Form stating clearly NO FEE & refunding ALL charges ( See Exhibit 4 and 5 ) 2. I never signed off or agreed to Early Termination Fee nor received the Merchant Processing Terms & Conditions to sign and its Paragraph 23. In spite of that language which was obviously inserted when I requested a copy of documents to dispute this error on my credit report. { see language that I highlighted in Exhibit # 2 ) 3. They exploited me and this fraud is causing me hardship and holding me back in my financial life during this worldwide Pandemic.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation