• Report: #1123348

Complaint Review: Complete Merchant Solutions, LLC

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  • Submitted: Thu, February 13, 2014
  • Updated: Thu, February 13, 2014

  • Reported By: Rachel — Provo Utah
Complete Merchant Solutions, LLC
815 West University Parkway Orem, Utah USA

Complete Merchant Solutions, LLC, CMS Fraudulently Holding Funds From Merchant Orem Utah

*Author of original report: Rebuttal Response

*UPDATE Employee: Response from Complete Merchant Solutions

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CMS held back a portion of our funds because they had classified us as high risk. They promised to release these funds after 6 months, but our salesman told us he could get it released even sooner. We eventually had to close the account. We went out of business partially due to not having our full funds as promised by our salesman.

 

They would not release our funds at the 6 month mark and we were told it would have to be 90 days from account closing. So we waited. At the 90 day mark, they told us a different story. They said it would be reviewed the following month and we would get at least a partial release of our funds because our numbers looked good. 

 

When it came time to expect the release, we called them and they they told us it would have to be 90 days from the last chargeback. Our bank account was still in good standing and we were keeping our own reserve to cover chargebacks, but they said they didn't care because our account with them was closed. 

 

Finally, after waiting the last set of 90 days (it had now been 150 days since we closed the account), they said they would release the funds, but only a part of it, and to expect a check. We waited for the check. When it didn't arrive, we contacted them and were told that they still needed to get bank approval. They also said that we would have to wait another 90 days for the rest of the funds to be released.

 

This goose chase has been ridiculous and constitutes poor business ethics on the part of CMS. We are unable to contact anyone in the company who can do anything for us, and are being lied to with every communication. We are now concerned we will never see our money.


This report was posted on Ripoff Report on 02/13/2014 12:02 PM and is a permanent record located here: http://www.ripoffreport.com/r/Complete-Merchant-Solutions-LLC/Orem-Utah-84058/Complete-Merchant-Solutions-LLC-CMS-Fraudulently-Holding-Funds-From-Merchant-Orem-Utah-1123348. 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

Rebuttal Response

AUTHOR: Rachel - ()

It is true that CMS did waive the ETF to honor our salesman's fraudulant claims. It is also true that they have released part of the funds prior to the contracted arrangement (though the contract was completely misrepresented at the time of signing). 

 

I understand the protocols regarding risks and reserves. I do not assert that CMS is doing anything which it is not contractually within right to do. My assertion is that my signatures on these contracts were due to promises made by a salesman who put himself out as an employee of CMS with authority to make the promises he did, including specifically stating, "Do no worry about what it says, its just a formality and does not apply to your account". Further, there was misrepresentation of when I could expect a release of funds directly from actual CMS employees on multiple occasions.

 

While CMS has honored some of what that salesman has said, they have not honored all. I would like to see them take responsibility for the poor decisions of the salesman they allowed to do the paperwork for my account. If they cannot take responsibility by releasing our reserve so this issue can be fully resolved, I would like to know that corrections have been made to the process so others will not have to go through what we have gone through during this process. 

 

We were a small family business and the continual changing of the story regarding our money has had lasting affects on our personal finances. We regret the decision to listen to the salesman, as we would not have opened an account with CMS on the terms we are being held to. As business owners, we understand the reality of the risks CMS believes they have, but this process has been incredibly painful and hopefully if they cannot bring themselves to fully honor their advertising as per the salesman they contracted with, they will at least correct their processes to prevent these errors in the future. 

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#2 UPDATE Employee

Response from Complete Merchant Solutions

AUTHOR: CMS Response Team - ()

Ms. Shaddy, the author of the above complaint, entered into contract with Complete Merchant Solutions (CMS) on 05/20/2013 to provide her business Innotech Solutions Corp, dba emailfixitdotcom, credit card payment processing services. At the time of the account being boarded with CMS, Ms. Shaddy was dealing with an independent sales agent who refers business to payment processors.  CMS is not and was not privy to any conversations or communications between Ms. Shaddy and said independent sales agent.

The contract that Ms. Shaddy signed on 5/22/2013 was an agreement with Complete Merchant Solutions.  A copy of our Merchant Agreement/Terms & Conditions was supplied to her at that time.

Emailfixit.com has a product offering of remote computer repair services including remote log in and scan of customer's computers.  The company was brand new at the time (registered with the state of Utah on 05/10/2013) of signing the contract with CMS and thus had no prior processing with which we could determine the risk of disputes to be received going forward.  Ms. Shaddy was notified, during the underwriting process, that an on-going reserve would be required to mitigate the risk on the account processing.  She signed an acknowledgement of that reserve on 06/01/2013.  The form which Ms. Shaddy signed clearly states "CMS will release all funds (which are in excess of the total and projected amount of unpaid merchant obligations, chargegacks, merchant discount fees, credits/refunds, and any other amount due under the respective Agreement(s)) six months after the final transaction deposit.


The agreement that Ms. Shaddy signed on 05/22/2013 included at 5 year agreement with and early termination fee of $500.  On October 3, 2013, CMS was notified that this business entity had not worked out and that they would like to close their merchant account.  After a review by a company executive, we agreed to waive the early termination fee for this merchant, something we were under no obligation to do.

Ms.  Shaddy provided us with a copy of the communication sent to her current customers which indicated that "EmailFixIt will be closing its doors for new business" and that the website would only be kept online for an additional 6 months.  Communications such as these have historically caused a ripple effect when it comes to consumers issuing disputes/chargebacks with their issuing banks.

The merchant agreement that Ms. Shaddy signed clearly states that reserve funds and “Merchant’s obligation to maintain such Reserve Account shall survive the termination of this Agreement by a period of three hundred sixty five (365) days (or longer depending on Merchant’s product and business practices)”.  Again, after a review by an executive of CMS, we agreed to review the reserve holdings and complete a partial release of funds, via cashier's check, 90 days after the last dispute was received on the account.  It was communicated to Ms. Shaddy that the majority of the disputes received were still within the representment phase and that the additional funds would be reviewed again in 90 days to determine the risk level at that time.

There has been exactly 127 days since this account was closed, we have communicated continuously with Ms. Shaddy and I have informed her multiple times that the reserve is being held to mitigate the risk of the account (which is what a reserve is held for).

We have waived the early termination fee as well as processed a partial reserve release to this customer outside of normal business operating procedures in an attempt to appease her.  Ms. Shaddy signed a binding contract with Complete Merchant Solutions and we provided all services required.  The complaint above is false and misleading.  We have accommodated this customer outside of the terms of our agreement.

At no time has it been communicated to Ms. Shaddy that "we don't care" and our actions in assisting her with the waiver of the ETF as well as an early partial reserve release clearly shows that we have been assisting her.  All emails and phone calls have been answered.  The assertion that "we will never see our money" is obviously untrue.  Complete Merchant Solutions has an extremely strong reputation and we strive to ensure our customers are well taken care of.

Ms. Shaddy is clearly upset with an independent agent that she worked with and is now filing complaints about CMS that are not warranted.  

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