Eliot Management Group, LLC

Complaint: [redacted]
I am rejecting this response because:Eliot only made attempt to resolve the dispute after I had cancelled my contract.  Over one year of efforts were made with no resolution.I stand by my decision to cancel contract and refuse early termination fee due to Eliot's failure to stand by the terms of their contract.
Sincerely,
[redacted]

Dear Ms. [redacted]: We are in receipt of Mr. [redacted]‘s complaint. In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  The merchant signed the Agreement...

on 3/17/2017. By signing, Mr. [redacted] acknowledged to have received, read, and be bound by the Agreement and the Terms & Conditions. See, page 4 of the Agreement. The rates and fees to be charged on the account are clearly disclosed on page 3 of the Agreement. Mr. [redacted] was trained on how to properly use the equipment on 04/07/2017. Mr. [redacted] used existing equipment to process transactions instead of getting new equipment. Mr. [redacted] benefited from the use of the account to process over $500.00. Our records indicate the merchant closed his account because the rates and fees were too high. Mr. [redacted] was offered a rate review to lower his monthly fees, but he declined the rate review. Also, as Mr. [redacted] closed the account within a couple of months of opening, his argument that his contract should have been 1 year is invalid. Even with a 1 year contract, he would have been subject to the early termination fee since he closed so early in the contract. At this time, we must stand by the Agreement that Mr. [redacted] signed. Any charges already charged to the merchant are valid, and no refunds are due. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Dear Ms. [redacted]:   We have reviewed the details of this complaint and appreciate the opportunity to address this matter. Please be advised that Mr. [redacted]’s credit card processing account with Eliot Management Group (“EMG”) was set up in accordance with the merchant agreement he signed on April...

25, 2017 and fees were also assessed as such. Nonetheless, we would like to resolve this matter amicably and as such, have agreed to waive the balance of $885.72 in collections, close the account in good standing and remove any negative marks reported on the merchant’s credit. We ask that Mr. [redacted] allow at least 2 weeks for his credit to reflect the removal.   Thank you for your attention to this matter. Should you or Mr. [redacted] have any questions, please do not hesitate to contact us directly at [email protected].   Sincerely,   Merchant Relations

Dear Ms. [redacted]: We are in receipt of the merchant’s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  The merchant signed the...

Agreement on July 18, 2012. By signing, the merchant agreed to have received, read, and be bound by the Agreement and the Terms & Conditions. (See Agreement, pg. 3) Our records indicate that the merchant’s account has renewed until July 20, 2018. Should the merchant close the account before this date, she will be charged the $495.00 cancellation charge. The Agreement discloses the auto-renewal for yearly periods after the initial term of the Agreement in the Terms & Conditions, ¶23, page 4. We will stand by the original Agreement agreed to by the merchant. Should the merchant wish to close the account without penalty on the anniversary date of July 20, 2018, she may do so by sending a closing letter between the dates of April 20, 2018 and June 20, 2018. If the merchant wishes to close the account now and incur the $495.00 closing fee, she can submit a closing letter to [email protected] or fax it to 1-866-347-0278 with the following information: merchant name, date, name of business, reason for closing, reference number [redacted], and signature. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Complaint: [redacted]
I am rejecting this response because:I will respond points by points accordingly to the responses from the Eliot Management Group, LLC We were introduced that the gift card service would work great for customers but no one really came to the business showing us how to use that; so, we don't use it. Also, if you refer to page 3 "additional products and services" on merchant application and agreement, only 1st pay service was checked but the first Advantage gift card program. So, clearly we did not agree to and are not bound by gift card agreement. In regards to early termination fee, I am very certain that Randy N[redacted], your local sale representative said clearly that the termination fee (including LFG) would be $495 and we trusted him without any doubt. Besides, he said the Ipads was given to us for free but it turns out to be leasing to us. He also said he would call the current credit card company at the time to cancel the service but he did not. Clearly, your local sale representative failed to do what he promised to do on behalf of your company.   
We experienced lots of issues with the equipment/process and I am sure that the equipment (2 Ipads) was sent to our business only 2 times for replacement and the technician only show up the first time to exchange. For the second time, it was promised that technician would show up but did not and we don't even know what to do with it, no follow up phone call, etc. Then,  suddenly, our bank account had been withdrawn and we thought it was a fraud and called our bank to stop any transaction. Many times, you charged our customers twice and customers came in complaining in front of other customers and never come back since then. Who would paid for such loss?Lots of times, credit card machine/ Ipad does not work, it has affected to our business when we are so busy. who would pay for our time? we never ever worked with any business who rarely/ never send technicians to fix equipment, etc....    So, what penalties should the Eliot Management Group be responsible for of not doing what they / sale reps promise to, or even giving false information to trap customers? If you ask around Greensboro, High Point, NC particularly and around the country in general, etc, you would know how many complaints and lots of times your sale reps lie to customers? Who will protect customers in this case? I don't see item 27 of terms & conditions. Please send me. For LGF, we never ever seen any "non cancellable lease" from any business...my brother in law who signed the contract cant read English well and totally trusted Randy N[redacted] at the time of signing contract. Therefore, to your and our benefit, we will agree to pay $495 termination fee for each contract including LGF as mentioned by sale rep. If not, we have no choice to hire a lawyer to resolve the issues.    
Sincerely,
[redacted]

Dear Ms. G[redacted]:
 
Please be
advised, Ms. M[redacted] was refunded $[redacted] on June 3, 2015 as a gesture of good
faith for March month end fees charged. 
We do not show any record that Ms. M[redacted] was to have the early
termination fee waived. Again, Ms. M[redacted] utilized the services provided under
the contractual Agreement, she closed the account outside of the terms of the
Agreement and therefore an early termination fee was applied.  Nonetheless, as a show of good faith we
will agree to refund $[redacted] for the early termination fee charged and consider
this matter closed.  No further
concessions will be made.  Ms. M[redacted] can
expect to see the refund in her account within the following 7 to 10 business
days.
 
Thank you
for your time and attention to this matter.
 
Sincerely,
 
Blanca V[redacted]
Merchant
Relations

Dear Complaint Resolution Department: We are in receipt of Mr. [redacted]‘s rebuttal.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  On July 19, 2016, Mr. [redacted] electronically entered into a credit card processing Agreement with EMG.  By digitally signing the Agreement Mr. [redacted] acknowledged to have read, received and agreed to be bound by the Agreement and the Terms & Conditions (See page 4 and 5 of the Agreement). Normally this means that the merchant has a three-year contract and cancelling of the contract before the end of the three years would result in an early termination fee of $495.00 (paragraph 23 of the Terms & Conditions). Our records indicate that we were unable to satisfy Mr. [redacted]’s concerns after contacting him. As a gesture of good faith, EMG will close Mr. [redacted]’s account without penalty provided he fax (1-866-347-0278) or email ([email protected]) a signed closing letter with the business name, the intent to close the account, and Mr. [redacted]’s signature. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations, EMG

Dear Ms. Garcia:
 
Thank you
for forwarding Mr. L[redacted]’s additional correspondence.  Again, the Agreement distinctly discloses the
applicable early termination fee of no less than $495 in the Acknowledgements
section just above Mr. L[redacted]’s signature acknowledgement.  All fees are clearly disclosed in the
Agreement Mr. L[redacted] indicated he had received, read and agreed to be bound
by.  As such, we stand by our original
offer.  As a show of good faith we will
extend the deadline to submit the closing request for account closure at a
reduced early termination fee of $300 to June 29, 2015.
 
Thank you
for your attention to this matter.
 
Sincerely,
 
Blanca V[redacted]
Merchant
Relations

Dear Ms. [redacted]: We are in receipt of the merchant‘s complaint.  We appreciate the opportunity to respond to the merchant’s concerns.   Our records indicate that Mr. [redacted] signed the Merchant Application and Agreement on August 3, 2017, and the account was approved and set up on...

August 8, 2017. The merchant decided not to utilize the account and sent in a withdrawal letter on August 25, 2017. For reasons unknown, the account was not closed at this time, and incurred monthly fees of 39.46 for the months of August through December 2017. The merchant also was charged PCI non-compliance fees of $19.95 from November through January. As a gesture of good faith and to resolve this matter, the merchant will be refunded all monthly fees charged to the account from August through December. The merchant has already been refunded one month’s fees as of January 11, and the other four months will be refunded in the next few business days, for a total refund of $197.30. The PCI non-compliance fees are non-refundable.   The account has been closed without penalty, and upon completion of the refunds EMG will consider this matter closed. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Unfortunately it took my complaint to the Revdex.com to elicit a response after several phone calls were not returned.  However, they are now working with me to resolve questions and problems.  Thanks for your help interceding in this matter.
Sincerely,
[redacted]

Dear Ms. G[redacted]:
We are in
receipt of Ms. F[redacted]‘s...

complaint.  In response thereto we have enclosed
the Merchant Application & Agreement (“the Agreement”) and the Merchant
Processing Terms & Conditions (“the Terms & Conditions”) for your
review. 
Ms.
F[redacted] executed an agreement with Eliot Management Group (“EMG”) for credit card
processing services on April 28th, 2015, and signed documentation
agreeing to have received, read, and be bound by the Agreement and the Terms
& Conditions (See, pages 5 and 6 of
the Agreement). The Agreement clearly states it is for a three (3) year term and
is subject to an early termination fee of no less than $495 unless terminated
per the provisions in ¶23 of the Terms & Conditions (Also see,
pg. 5 of the Agreement).  Our records
show Ms. F[redacted] opted to lease 1stPayPOS processing equipment and therefore
executed a Non-Cancellable Lease (“the Lease”) with the third party entity,
Lease Finance Group (“LFG”), for a term of 48 months on April 28, 2015.  A courtesy copy of the Lease has been
enclosed for review.
 Per the
signed Agreement, Ms. F[redacted]’s account was accepted and became active on April
29th, 2015. Thereafter, we show the leased equipment was set up on
the account and test transactions were processed on the unit. At this time, Ms.
F[redacted]’s account remains active and available for her processing needs.  Please note that we are happy to assist the
merchant with any processing issues on her account; Ms. F[redacted] may contact our
Customer Service department at [redacted]
for assistance.  However, at this time we
stand by the terms of the signed Agreement and the early termination fee will
be applicable per ¶23 of the Terms & Conditions.
 As the Lease
is a separate agreement with LFG and Ms. F[redacted] remains bound by that contract,
any concerns pertaining to the Lease must be directed to LFG for response.
 We
appreciate your attention to this matter. Should you have any questions or need
any additional information, please do not hesitate to contact the undersigned
directly.
 Sincerely,
 Frankie
M[redacted]Merchant
Relations

Dear Mr. [redacted]:   We are in receipt of Ms. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) signed by Dr. [redacted], and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.    On June 28, 2016 Dr. [redacted] entered into the Agreement for credit card processing services with Eliot Management Group (“EMG”).  By signing the Agreement he acknowledged to have received, read and agreed to be bound by the Agreement and its Terms and Conditions, and no verbal agreements have been made (See, page 5 of the Agreement).  The month to month Agreement began with Bank acceptance, and will automatically renew each month unless Merchant sends and Bank receives a signed letter of non-renewal no less than 30 but no more than 90 days before the end of the applicable term (See, ¶ 23 of the Terms & Conditions).  Please be advised that all fees are clearly disclosed on page 3 of the Agreement and ¶ 27 of the Terms & Conditions.   On August 8, 2016 Dr. [redacted] contacted EMG requesting to close his account along with a refund for monthly fees.  At that time he was advised that the monthly fees charged were contractual and could not be refunded, closing instructions for his account were also provided.   At this time we will stand by the signed Agreement, and no refunds will be provided ;however if Dr. [redacted] still wishes to close his account he may do so by faxing in a signed closing letter ###-###-#### attention: Merchant Relations he may also scan and email the request to [email protected] .  We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Kourtney K[redacted] Merchant Relations

Dear Ms. [redacted]:Thank you for forwarding Ms. [redacted]’s concerns. In an effort to resolve this matter, we will agree to close Ms. [redacted]’s processing account with no termination fee; however, Ms. [redacted] must submit a closing letter containing her written signature via fax at 866-347-0278 by the end of the...

business day, Thursday March 29th to prevent March statement fees from being charged.We appreciate your attention to this matter. Should you or Ms. [redacted]’s have any questions, please feel free to contact us directly at [email protected],Merchant Relations

Dear Ms. [redacted],The documentation attached to our previous response was all the documentation EMG received to set up the account. We can only operate off of what we are given in the agreement, which specifically states that the merchant agreed no verbal representations had been made and the merchant relied solely on the agreement and the terms & conditions. That being said, if the merchant has any written documentation to substantiate her claims, we would be happy to take a look at the documentation and go from there. Thank you for your attention to this matter. Merchant Relations

Complaint: [redacted]
I am rejecting this response because:The business made no reasonable attempts to initiate contact with me. My contact information was clear: my office line, cell phone, and email were included, none of which were used in any attempts to make contact with me.Until the business makes some attempt to contact me and resolve the issues that have jeopardized my business through their predatory business practices, I consider this situation wholly unsolved.From my findings and research, this is not the first time Eliot Management Group has used predatory business practices as the expense of hard working American men and women. It's all over the net.
Sincerely,
[redacted]

Dear Ms. [redacted]:   We have reviewed Mr. [redacted]’s case in detail and appreciate the opportunity to respond.  We regret Mr. [redacted]'s experience and would like to resolve this matter amicably. As a gesture of good faith we will be refunding the fees charged to the merchant totaling $73.92 (2 at...

$36.96) and will agree to close Mr. [redacted]’s account upon receipt of a closing letter signed by the contract signer. The closing letter may be faxed directly to 866-347-0278 for expedited handling.  The refunds have been placed and Mr. [redacted] should see the funds credited to his account as early as tomorrow.   Thank you for your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Blanca V[redacted] Coordinator, Merchant Relations

Dear Ms. [redacted]: We are in receipt of Mr. [redacted] ‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”), the Merchant Processing Terms & Conditions (“the Terms & Conditions”), and the Non-Cancellable Lease (“Lease”) for your...

review.  Up on executing the Agreement with Eliot Management Group (“EMG”) on August 28, 2013, Mr. [redacted] acknowledged to have received, read, and be bound by the Agreement.  (See, page 3.)  Agreement clearly contains language confirming no verbal, agreements or representations have been made and merchant has solely relied on the Agreement and Terms & Conditions. This acknowledgment clearly rules out the possibility of a month-to-month agreement in force for Mr. [redacted] because even if the sales representative had mentioned a month-to-month agreement, the Agreement that Mr. [redacted] signed has a special addendum page which states specifically that Mr. [redacted]’s original Agreement would be 24 months (See, page 6 of Agreement). Over a year later, Mr. [redacted] signed the Lease with Lease Finance Group (“LFG”). By way of background, LFG is the leasing division of First American Payment Systems providing credit card processing equipment to merchants.  These leasing services are sold through Independent Sales Offices including EMG. A LFG lease is maintained through LFG and is not serviced by EMG. This being said, however, Mr. [redacted]’s lease has been charged the exact payment as is written on his lease. On the original Lease paperwork, the lease payment Mr. [redacted] agreed to is $60.88. In a gesture of good faith, and in an effort to resolve this matter, if we receive a signed closing letter from Mr. [redacted] by November 7, 2016 emailed to [email protected] or faxed to 1-866-347-0278, we will close Mr. [redacted]’s account without the contractual early termination fee. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Karrah S[redacted] Merchant Relations

Complaint: [redacted]
I am rejecting this response because:Mr. S[redacted] (representing Elliott group in Ft Worth) promised up front that there would be no monthly fees and no penalty for early withdraw . When the contract was signed I noticed both of these charges within the contract.   Mr. S[redacted] insured me that it was only a formality "you can trust Lou" he said "I would not lie to you, I told you no fees and I meant it"
Sincerely,
[redacted]

Dear Ms. G[redacted]:
 
We have
reviewed Ms. M[redacted]’s additional correspondence; however, EMG made every effort
to satisfy the merchant’s processing concerns. 
We reached out to the merchant within the first 30 days of account
acceptance and confirmed the merchant was happy with our services.  Further, once we received notice of the
merchant’s concern with the rates and fees, we attempted to lower the fees to the
merchant’s satisfaction; although we determined upon review of the merchant’s
statements that the merchant was saving on their processing with EMG prior to
the rate review addendum.  Nonetheless,
the merchant chose to terminate their processing account.  At this time we stand by the signed Agreement
and the early termination fee is valid.
 
Thank you
for your attention to this matter.
 
Sincerely,
 
Blanca V[redacted]
Merchant
Relations

Dear Revdex.com Complaint Department, We are in receipt of Mr. [redacted]’s rebuttal to our original response. We also have the closing letter Mr. [redacted] sent in June of 2016. In a gesture of good faith and in an effort to resolve this matter amicably, we have closed Mr. [redacted]’s processing account without penalty and requested a refund of all charges since inception of the account. We have processed the refund for $452.53 and Mr. [redacted] should see it in his account in 5-7 business days. We consider this matter now closed, and hope that the resolution satisfies Mr. [redacted]. Should you have any questions or concerns, please do not hesitate to contact the undersigned directly. Thank you, Merchant Relations