Legal Question in Business Law in California

Re: how to cancel the contract i did not sign,

from the factual premise you establish here, you would not be liable for any type of contract you did not sign or ratify in some other way. thus, if this is the scenario, the credit card company would be unjustly enriched at your expense and would be held liable for any damages incurred by you for such illegal conduct. however, we would need more detailed information from you regarding what exactly is transpiring between you and this credit card company. if you would like further assistance, feel free to email us directly with your contact information for a free phone consultation.

Re: how to cancel the contract i did not sign,

I have a number of clients on both sides of the fence -- credit card processers and merchants. My experience is that the industry is fraught with problems. If they are just ripping you off, you just have to hire an attorney and put an end to it. Contact me and give me the rest of the facts. If its theft, I'd report them to the police and then sue them for the unjust enrichment, fraud, and any other theories I could apply. Note: There is no attorney client relationship by my response and this is only general advice regarding an unsubstantiated and unclear fact pattern. 310-266-4115........ my rates are reasonable.

Re: how to cancel the contract i did not sign,

There should be some authorization from you somewhere in writting. Please conduct our office to set up an appointment to review your documenation including the withdrawals and for consultation.

Re: how to cancel the contract i did not sign,

If you didn't sign the proposed written contract, in all probability there is no contract to cancel and in fact you are the victim of a dumb mistake or a deliberate and possibly criminal attempt to mistreat you. My main hesitation is that many oral agreements are enforceable, but this looks like one of those which are required to be in writing under the statute of frauds.

However, before you jump all over the leasing company that's doing this, consider two things:

(1) Perhaps the first deal with this lessor which you've alluded to contains a provision allowing them to handle collectimg payments on subsequent deals in the same way, i.e. by automated debits to your bank account. Check the terms of your prior deal carefully for such a clause. I know some insurance companies collect premiums for all business this way, including later add-on riders and policies.

(2) Since you would have to make payments on this new lease anyway, how could you convince a judge that you were financially harmed by the automated collections? I know most debtors would rather be in full control of when and how they pay their installment debts or leases, but in the final analysis, can you show compensable damage?

Having said that, I suggest you first discuss with the operations people at your bank whether you can have all proposed automatic debits to your account held for your individual approval. This is the way drafts used to be handled -- the drawee's bank would obtain authority from the customer when a draft was presented.

If that can't be arranged, then have a lawyer review your file on this subject and prepare a stern demand letter to the lessor. This shouldn't cost very much.