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Breech of contract?


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Looking for opinions here. I posted this once but I never saw it show up so i will try again.

I leased a credit card processing machine for my business, They company never set the thing up to work correctly and They never processed a single card for me. I tried on numerous occasions to resolve this by phone but nothing was ever done. I told them I did not want to do any more business with them and to give me the addy where I can send the machine back to them. They said they would send a box for me to mail it back to them. Well that never happened, even after several phone calls to let them know I had not received the box yet. I asked for their addy and told them I would pay for the cost of sending it back but they would not give me an addy.

Now 2 years latter I get a letter in the mail and phone calls daily from McCarthy Burgess and Wolfe wanting 2600 dollars. I told them what happened and didnt hear from them for suite some time. about six months later it has started again.

Here is my question. Do any of you think iI should wait for them to sue and then counter file for breech of contract. Or should I just go ahead and sue them first.

Not only breech of contract but any other violations I can come up with.

I still have their machine.

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