Consumer complaint received 2023-06-05
Company: Everi Payments Inc.
State: NV
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Problem with cash advances

Complaint:
On XX/XX/XXXX I started a cash advance transaction on my XXXXXXXX XXXX credit card at the XXXX XXXX XXXX XXXX XXXX XXXX. When advised of the approximately {$90.00} fee I declined continuing with the transaction and requested to cancel it. The cashier refused and called management. Management advised me that once started, a credit card transaction can not be stopped or cancelled? I DID NOT ACCEPT THE MONIES ( {$1800.00} ) AND LEFT THE PROPERTY WITH THE MONEY IN THE HANDS OF XXXXXXXX XXXX XXXX 

I immediately called XXXX XXXX and the rep. advised me, " of course it can be cancelled and do not worry about it. If you did not take the money they will not put it thru as a completed transaction '' She advised it was only showing as pending. 

I checked back with XXXXXXXX XXXX three days later and the charge was sent thru as a completed transaction and charged to my XXXX XXXX. Once again, the XXXX XXXX  rep said it must have been an error and completed a dispute to have it reversed. I contacted XXXX XXXX and the XXXX manager had no knowledge of the situation. Several days later the XXXX manager called me back and advised that he found the {$1800.00} and it was in the possession of a XXXX XXXX employee! He then advised me to come and get it, and he will place it in " lost and found ''. I advised him it was a cancelled transaction and he said I completed the transaction and I had to come take the money. 

XXXXXXXX XXXX replied to my dispute and advised that XXXX XXXX card processing company sent a sworn affidavit that my transaction was a " normal transaction '' and that I " took the money ''! ( Copy available ) I again stated that this was totally false and XXXX took a second dispute from me. The second dispute received the same response from EVERI that I had the money and it was a normal transaction. XXXXXXXX XXXX  advised me that they will unwind the transaction in their system for XXXX days whatever it takes for me to get this resolved. Furthermore, they acknowledged that if I declined or cancelled the transaction it should have never been presented to them by EVERI. It was clear that EVERI did anything and everything to retain the {$90.00} fee that they would lose if they properly cancelled the transaction. 

I sent a demand letter to XXXX XXXX which was ignored. I filed small claims against XXXX XXXX in XXXX. XXXX XXXX appeared in small claims and was represented by an outside attorney. He proceeded to advise the XXXX XXXX XXXX no longer had the {$1800.00} and they turned it over to EVERI Payments Inc so I no longer had a claim against XXXX XXXX. Shockingly, the judge agreed and advised me that I was pursuing the wrong party and it was EVERI I needed to file against. She further stated that I could not do it in small claims as credit card disputes were prohibited in that venue and must file in Justice Court. 

I then proceeded to send a demand to EVERI which was ignored. I then filed a civil action in Justice Court and EVERI filed a Motion to Dismiss which was heard on XX/XX/XXXX. EVERI was represented by outside counsel and I was XXXX. EVERI 's Motion to Dismiss was based on that the case was already heard by the Small Claims judge and I was prohibited from filing the same matter again. I explained to the Judge that at the time of filing the Small Claims case EVERI did not have possession of the monies and furthermore, I could not have named them in a Small Claims matter under Nevada law. The Judge sided with EVERI and granted the dismissal with prejudice. 

After the Court hearings EVERI 's attorney refused to respond on their intentions on the {$1800.00} that they hyad in possession for over a year. Finally, they advised they would only return it to me if I sign a blanket release of any and all liability against EVERI and all the management. I refused to sign, as that was not their money and the fact they want a blanket liability release confirms to me they did many things wrong here. 

On XX/XX/XXXX I received a certified letter with a check for {$1800.00} ( copies available ). EVERI had this money for over a year and a half and I was paying interest and fees the whole time to XXXXXXXX XXXX I guess EVERI won in the end and forced me to complete the transaction all so EVERI could keep their {$90.00} transaction fee. 

( Letters, demands, check copies, court forms, all available. )

Company response to consumer: Closed with explanation