• Report: #586715

Complaint Review: Elavon Aka Nova Information Systems

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  • Submitted: Mon, March 29, 2010
  • Updated: Thu, April 15, 2010

  • Reported By: frustrated in Massachusetts — Worcester Massachusetts United States of America
Elavon Aka Nova Information Systems
7300 Chapman Hwy Knoxville, Tennessee United States of America

Elavon Aka Nova Information Systems First Horizon Attempted to charge $1300 for estimated liquidated damages, money they thought they would earn over the next 8 months. Knoxville, Tennessee

*Author of original report: Contract Request

*UPDATE EX-employee responds: Ask for a copy of the contract.

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After five years with First Horizon, during which the company became Elavon, I filled out the proper paperwork to close my account. A few weeks later a notice came that stated that I owed over $1,300 for "liquidated damages." Upon questioning what that charge pertained to, it was explained that Elavon projected a ficticious figure based on my company's past performance that they felt they were owed. I had signed absolutely no contract with the new company, Elavon. How can this be legal? 

This report was posted on Ripoff Report on 03/29/2010 07:50 AM and is a permanent record located here: http://www.ripoffreport.com/r/Elavon-Aka-Nova-Information-Systems/Knoxville-Tennessee-37920/Elavon-Aka-Nova-Information-Systems-First-Horizon-Attempted-to-charge-1300-for-estimated-586715. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Contract Request

AUTHOR: frustrated in Massachusetts - (United States of America)

I did request a copy of the contract. They sent me 3 pages of the original contract with First Horizon, but nothing signed with Elavon. They told me that when Elavon bought First Horizon they purchased their customers and their contracts. The First Horizon contract stated in fine print that after the initial two year period, the contract would automatically renew annually. This is what they are basing their claim on. My original contract was signed during the month of July, I ended service after the month of October when I purchased a new computer with processing built into the software. Their claim is the loss of anticipated revenue for the next 8 months of my business. Well, my business may not be what they anticipated for the next 8 months. It wasn't what it was 3 years ago, does that mean I have the right to go banging on the doors of my former customers demanding what I anticipated they would spend at my store.  Elavon should have presented contracts to be signed on the anniversary dates of those customers whose signatures only appear on First Horizon documents, otherwise, what they are suggesting is illegal.
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#2 UPDATE EX-employee responds

Ask for a copy of the contract.

AUTHOR: voiceofmany - (United States of America)

Did you have a contract with First Horizon? They have owned First Horizon for years as Nova Information Systems. They are also known as Member Services. They just recently (past two years) change the name to Elavon. I would ask they produce your contract. If they can't, seek legal advise.

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