This Company held my incoming funds for my business for a week totaling over $14,000. They made an agreement to release- and then LIED!! FRAUD!! $$
I UNFORTUNATELY contracted with AVP Solutions to be my merchant however they are just the broker. This company seized all of my incoming funds for 2 weeks at separate times without my knowledge. I spoke with the owner ******* ****** who stated that she would "Make an arrangement to release the hold of my >$14,000 once I sent her all of my documents". We then took hours and days to send over every single signed document from every single transaction we have done. She continued to have********, an office lady there with her, communicate with me via email stating the "funds would be released once they started to get documents." I sent about half of the documents and as promised ******* approved a release of half (well, she gave me almost half) $6,000. This came through on 11/20/14. I then proceeded to communicate via email with******** about the missing documents she needed to complete our arrangement. I completed sending the documents last week and this was confirmed with******** via email. Anxiously awaiting the release on Christmas Eve of my held amount totaling over $8,000; I receive a call from********. This is what she states, "***** this is********. We have received all of the documents, thank you, however we have reviewed your account and unfortunately we are unable to release your funds." SOOOO MUCH FOR AN ARRANGEMENT. WE PROVIDED EVERYTHING THAT THEY REQUESTED AND I HAVE WRITTEN EMAILS FROM THE COMPANY STATING THEY WILL RELEASE THE FUNDS ONCE THE DOCUMENTS ARE IN. SO DOCUMENTS ARE IN, AND NOW THEY ARE BACKING OUT AND NOT SENDING MONEY. Mind you, this $8,000 is ON TOP OF A RESERVE OF OVER $20,000 they have accumulated by holding 10% of all charges for 2 months!!!!! THIS COMPANY NOW HAS $28,000+ OF MY MONEY and will not answer my questions!!! DO NOT DO BUSINESS WITH THEM, UNLESS YOU WANT YOUR BUSINESS TO GO UNDER.
I want my held funds from the original agreement to be released. Any additional funds you have held can be later discussed in a new CONTRACTED agreement.
Merchant, American National, started processing with AVPS 10/6/2014.
We learned during the review process that the merchant was booking appointments for Moving Companies. Merchant was collecting deposits and booking appointments with their contracted Moving Companies. Below is the sequence of events.
XX-X-XXXX - X of the 6 transactions merchant ran were verified and funds were released to the merchant minus the 10% reserve.
XX-XX-XX - First chargeback for duplicate processing $599.60. AVPS acknowledged that this chargeback could have been avoided had duplicate sale been voided.
XX-XX-XX Second chargeback for not as described $550.00, was received and AVPS sent over notification to merchant.
XX-X-XXXX Third chargeback for credit not processed $100.00. AVPS notified merchant. Merchant was called and advised account on hold. AVPS needs to secure the documentation to represent the chargeback. Merchant stated she would get that over to AVPS. AVPS also requested copy of bank statement showing the chargeback amount cleared.
XX-X-XXXX Fourth chargeback for credit not processed $250.00 (same cardholder as chargeback received XX-X-XX) received and AVPS sent notification to merchant.
XX-XX-XXXX X chargebacks came through for $266.00 services not rendered and $519.89 not as described. AVPS notified merchant.
XX-XX-XX and XX-XX-XXXX AVPS left 2 messages on both days.
11/11/2014 at 4:53 P.M. Merchant called in and stated she would have her Attorney at our office the following morning, if we did not release her funds. She was advised that we could not release funds at that time of day and that we were still awaiting the documentation requested. She stated she would get that over the following day. She was advised to speak with our Chargeback department.
XX-XX-XX Merchant called at 11:22 A.M. and requested all chargeback notifications to date. Documentation was sent to Merchant and she advised we would have the paperwork by 1 P.M. our time. Another chargeback received for $50.00 Services not rendered.
XX-XX-XX Merchant was advised that the hold going forward was removed from Merchant account. Any new sales processed would be released minus reserves. Previously processed funds and reserves were to remain on hold per conversation with ******* until all documentation was provided on all charges. No documents had been received to date as previously stated by merchant they would be.
XX-XX-XX AVPS release $4,000.00 from reserves to merchant in good faith.
XX-XX-XX Chargeback $1,156.86 services not rendered. AVPS notified merchant.
XX-XX-XX Chargeback $850.00 services not rendered $850.00. AVPS notified merchant.
XX-XX-XX Chargeback came in for $541.00 for credit not processed. AVPS notified merchant.
XX-X-XX Received reject NSF response from Merchant's bank account for the $850.00 debit for the chargeback rejected. Merchant was advised of the reject via email and merchant was advised to send over paperwork with the truncated card information to complete request made 11-19-14.
XX-X-XX Merchant was called again and advised AVPS still needed documentation discussed on 11-19-14.
XX-XX-XX Reject from Merchant's bank account NSF for $39.60 and $8.67.
XX-XX-XX Chargeback came in for $662.62 services not rendered. AVPS notified merchant.
XX-XX-XX Reject from merchant's DDA in the amount of $662.62 NSF for chargeback mentioned above. AVPS contacted merchant and left message on machine, no further releases at this time with chargebacks and rejects.
XX-XX-XX - AVPS received email from American National Attorney, requested to have Signor on account approve AVPS to speak with Attorney. AVPS advised Attorney that the offices would be closed for Christmas and we would be in contact when we returned.
XX-XX-XX - AVPS responded to Attorney's email with all the specifics surrounding the account, volume processed, reserves, rejects and chargeback activity. AVPS also received the BBB complaint notification the same day the Attorney's response went out.
XX-XX-XX - Merchant was advised that the Bank is requesting more information on why the rejects are occurring, the high chargeback ratio and the non-response to the chargebacks. Merchant stated that she had received the chargeback notifications and was forwarding those to her partner to respond. Merchant was unaware that the chargebacks were not being responded to and then stated that AVPS should have been notifying her if the chargebacks were not being worked. We discussed that her partner was on the TMF and technically we should have these accounts closed but that AVPS is trying to work with her. She agreed and then we went back to money. She kept stating that the agreement was we would release all but the 10% and AVPS needed to keep that promise. AVPS explained to her that the Bank is going to need to be shown that she is working the chargebacks before we can move forward. AVPS also advised her that she had done $75,000.00 on American National and reserves were only $13,912.41 to cover that exposure. We all agreed to a 15% reserve and AVPS put in the request to release $2,644.08 to Merchant.
Merchant stated she was also not aware that funds were being deducted from reserves. She stated that she did not want to get Lawyers involved or the negative comments on line but she felt that the agreement was not kept. It was explained to her again that the Agreement was made prior to all the chargebacks and rejects research. I sent her all the screen shots for reserves, chargebacks and processing histories.
XX-XX-XX AVPS received this email from merchant
On Wed, Dec 31, 2014 at 11:15 AM, ***** ******* < ***************************> wrote:
Thank you for the response. 15% was set as a NEW RESERVE- I figured that I was being generous stating that 10% of the reserve would be held, since we did not have a 10% reserve since the beginning of time, it was set in motion after weeks of charging. ******* stated that going forward we would have a 15% reserve on any additional charges, not this past reserve.
Any previous merchant that I had if they increased their reserve, it would be at this rate, and increase with additional charges. I am requesting that the additional reserve you CURRENTLY have that is above 10% will be released. I will remove my BBB complaint, my Yelp complaint, and my case with the District Attorney all immediately as soon as you confirm that we are on the same page. Maybe you misunderstood her agreement, or maybe this is a new thing she wants to enforce, but that is not right. I am okay with a 15% reserve going forward, once I am able to charge credit cards again, but as of those funds being held, my reserve was only 10%, requesting a release in the amount of $5,545.10. PLEASE WORK WITH ME HERE LADIES AND UNDERSTAND THE URGENCY IN THIS. I have all of the chargebacks almost completed and I will send over the information to them as soon as it is all complete so they can see me trying here! :(
AVPS called merchant again, I hear you saying is that you don't agree with the 15% going on the account for all processed and that if AVPS does not give you the $5,545.10 you will continue to put negative information out on the web regarding AVPS. She said that is not it all, I just need to get the funds and she thought that the 15% was going forward. I explained to her that she has still not responded to the chargebacks as she promised she would do yesterday. She said she called the 800 number and I advised her that we received the email from her regarding her statement that she would send over the documentation yesterday. Merchant then asked if I had checked to see if we could represent all the chargebacks and I reminded her that in that same email ****** had given her all the chargebacks and that we would represent each one and see what sticks. Merchant stated that she was waiting until all paperwork was prepared and she would send over with a paragraph on each case. I advised her she can call ******, send the paperwork on the ones she has now and discuss how best to respond to the chargebacks. I also advised her that more information/paperwork may be required but that she should start now.
Merchant stated that she would call us back once she was done with the representment paperwork.
X-X-XXXX AVPS received all the paperwork for the chargebacks merchant was representing. .AVPS also released an additional $256.90 to merchant and advised we would not be releasing any additional funds for a minimum of 6 months.
1/5/2015 AVPS received another reject from the merchant's bank account on file for $350.00. Merchant was contacted. She stated that she would get funds into her account. AVPS had also scheduled a conference call and Merchant did not call in.
1-7-15 AVPS sent an email to the merchant requesting more information on getting the bank accounts to fund the debits as per her agreement. Merchant has not contacted us since 1-7-15.
I want my "TERMINATION FEE of $300" REMOVED FROM YOUR BILL ON AMERICAN NATIONAL VAN LINES for my compliance and your bad business practices over there
I have had it UP TO HERE with this company. I am not sure how they have this A+ rating, obviously its PAID FOR. ***Google search: AVP Solution SCAM" and see what you see there!!!*****
This complaint is because they are holding my reserve of $13,9XX until I pay a $300 "Termination Fee" for ending business with them before 3 years, which is hidden in their contract. Kicker- They terminated business with us, now holding my money, and send me an invoice WITHOUT this fee. Then "OOPS! Sorry *****, heres a new invoice with a new $300 fee we forgot to add"- these people are a bunch of BABOONS. Forgot a fee, now all of the sudden sent me a new one with a fee?? No. My attorney has been forwarded all of their SILLY GAMES.
****, *******, *******, *******, all useless when it comes to helping you out. Either out of the office, "on a call" or busy with their screaming babies in the background. I run an honest business, and was compliant on all information they wanted. If they wanted to terminate business than thats unfortunate, but I do not deserve to be charged for it.
Not necessarily a refund, because its a pending invoice, but honor your FIRST invoice WITHOUT the $300 termination fee that you added today. Thank you.
Final Business Response
AVPS, LLC requests that the BBB review our response sent on X-X-XXXX under same complaint number XXXXXX.
X-X-XXXX Merchant responded and stated that she would have funds in account soon and would be able to cover the amounts owed. The last reject was on 1/5/2015 and the merchant was going out of town. Per the agreement when the merchant does not fund the debits to the bank account on file the account can be terminated. In addition the merchant had an unacceptable chargeback and refund ratio which is also grounds for termination.
1/9/15 collections received an NSF for $12.95 December monthly fee returned charging $25 NSF fee
X-XX-XX Merchant rejected another Debit to the bank account on file $600.00 Chargeback.
X-XX-XX Merchant sent email to take the $50 from reserve account to pay the bill, and collections advised reserves cannot be used to pay monthly fees.
X-XX-XX Merchant advised that they don't have funds, the company s going under, and she wanted her reserves. Collections advised that reserves would not be returned at this time. Merchant then indicated that ******* cancelled the account as of December. Merchant was advised we account was not closed in December; in fact, AVPS gave opportunity to open a new bank account and/or put funds in the existing bank account. The account was closed X-X-XXXX for ACH Rejects and Chargeback ratio.
2-5-15 Merchant rejected another Debit to the bank account on file for $900.00 chargeback.
2-6-15 Merchant rejected another Debit to the bank account on file for $50.00 January Month end fees.
X-XX-XX Merchant rejected another Debit to the bank account on file for $662.62 chargeback.
X-XX-XX collections got a request to pay invoice, and at first said to pay as per the invoice, without realizing that Merchant had not received the updated balance. Payment was sent to pay on a credit card; and collections sent corrected invoice. Merchant was advised we could only take payment via checking account, this information was sent by email to Merchant with the updated invoice.
X-XX-XX received emails to remove the termination fee, since we have reserve of $14,000 and funds are tight. Merchant was advised account was terminated early due to the high chargeback ratio and the ACH rejects, and that the balance is due and payable. The response was that she will pay, and that the GM was reporting to the BBB and Yelp.
The current reserve balance is $9,948.81 and not $14,000.00 as stated above.
Below are the terms that were agreed to by Merchant with her signature and $300.00 fee is listed clearly on the application. The Merchant had an excessive chargeback ratio, excessive refund ratio and multiple rejects from the bank account on file, as recently as 2-19-2015, which is cause for termination and the fee is due and payable. The reserves are also below the level agreed to with Merchant on XX-XX-XX which was $11,011.43.
23. Terms; Events of Default
23.1. This Agreement shall become effective upon the date this Agreement is approved by our Credit Department. You acknowledge that our Credit Department maintains a list of business, types that are unqualified for our Services We reserve the right to immediately termi¬nate your account if it has been inadvertently boarded notwithstanding such Credit policies.
23.2. The initial term of this Agreement shall commence and shalt continue in force for three years after it becomes effective. Thereafter. It shalt continue until we or you terminate this agreement upon written notice to the other, or as otherwise authorized by this Agreement.
23.3 Notwithstanding the above or any other provisions of this Agreement, we may terminate this Agreement at any time and for any reason by providing 30 days' advance notice to you. We may terminate this Agreement immediately or with shorter notice upon an Event of Default as provided under Section 23.4 of this Agreement....
23.4.4 irregular Card sales by you, excessive Chargebacks. Noncompliance with any appli¬cable data security standards as determined by Servicers, or any Card Organization, or any other Person, or an actual or suspected data security breach, or any other circumstances which in our sole discretion, may increase our exposure for your Chargebacks or otherwise present a financial or security risk to us: or
23.4.6 you default in any material respect in the performance or observance of any term condition or agreement contained in this Agreement, including, without limitation, the establishment or maintenance of funds in a Reserve Account, as detailed in Section 24; or
23.4.8 you default in the payment when due, of any material indebtedness for borrowed money; or
23.9. After termination of this Agreement for any reason whatsoever, you shall continue to bear total responsibility for all Chargebacks fees, Card Organization fines imposed on us as a result of your acts or omissions, Credits and adjustments resulting from Card transactions processed pursuant to this Agreement and all other amounts then due or which thereafter may become due under this Agreement.