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Feel free to email me at [protected]@gmail.com
Ok, i have the same story as everyone else. Long story short, i was told i was signing a month to month lease, was not given access to the entire lease at the time, and all the handwritten info (Including terms) was added after i signed it. In the end, i did not pay a cent to mbf more than i had agreed to and did not have to pay a lawyer at all. Here is how i did it:
I realized that i had been scammed when i closed my business approx. 6 months into my lease. When i tried to close my account with mbf i was then informed for the first time that i was locked into a 4 year contract.
The first thing i did was close my bank account and send mbf confirmation that my bank account had been closed and asked them to invoice me every month. I know this may not be practical for everyone, but if you want to protect yourself from losing money i would. Otherwise, mbf is not going to work with you because they are getting their money every month.
Next, i filed the compaints with the following entities (I never actually expected them to do anything, but i did it to use as leverage with mbf) :
1. Texas attorney general
2. Illinois attorney general
3. Better business bureau
4. Federal trade commission
I live in texas. So i went to our states legislature website where all the texas statues are listed. I found the business and commerce code for our state and picked out the laws that i felt made the mbf lease contract illegal and invalid. I wrote a letter to mbf listing all the laws i felt they were violating. Also in my letter i attached copies of the above 4 complaints that i sent.
I faxed the letter to mbf and also mailed it to their illinois and new york offices. A week after i sent it i called to check up on it and was told over the phone that my lease had been cancelled. So while i have not received written confirmation yet, i do believe i have prevailed.
Here are some tips that i think helped me:
1. I took immediate action - dont wait around until it is too late and they start harrassing you and messing up your credit. Like i said before, i was 6 months into my 4 year lease and about 3 months behind in payments when i got my lease cancelled.
2. I documented every phone call and got the name of the employee that i spoke with.
3. I am not an attorney and have no legal experience. And i know in my letter that my citations of the law were wrong and that i was probably wrong in a lot of my threats. However, i think i made it clear to mbf that i was not paying them another penny and that i was willing to follow through on my threats.
4. Most importantly, i argued with them with facts. I know that the company sucks, they are rude bla bla bla. However, screaming at an employee that they are mean and corrupt does not help anything. It is hard to argue with them because when you call they say "well you signed the lease" "why would you sign a lease with blanks in it" etc. On the surface, these are valid responses. However, the bottom line is that there is contract law that protects consumers from being fraudulently induced into signing a contract.
Here is an exact copy of the letter i sent (With my personal info edited out) :
December 10, 2008
Mbf leasing, llc
281 west 83rd st. , suite d
Burr ridge, il 60527
[protected]
Via us mail and facsimile
To whom it may concern:
This purpose of this letter is to request a cancellation of lease number insert (Attached as exhibit a) . It is my position that i am now paid in full per terms agreed upon with salesman name and company. All handwritten information listed on this contract, including the schedule of lease payments, were fraudulently inserted after my, (Lessee) , signature was obtained. The verbal conversation and agreement between lesee and salesman at the time the lease was signed concluded that the terms of the lease were month to month. You can tell from the different handwriting on the lease that the information was added by another individual that was not present at the time of the signing of the lease. I cannot even be 100 % certain when the lease was signed as the date was added next to my signature by someone else. Additionally, the bank account information for company was not provided to mbf leasing until may 23, 3008 (See exhibit b) and could not have been listed on this lease at the time of signing.
I expect to be released from this lease immediately and that any negative reporting to credit agencies will be reversed.
Additionally, any further phone calls to phone number, or any other phone number you may obtain for the purpose of contacting lessee, for the purpose of requesting payments on this account will be considered harassment and used as evidence in court. Texas allows single - party consent for telephone call recording. Be advised that all calls to phone number (Or any other contact with lessee or other owners of company) may be recorded, documented, published and used as evidence.
As of december 10, 2008, i have done the following to protect my interests against your company and to report allegations of fraud and misconduct on the part of mbf leasing, llc:
1. I have filed a complaint with the texas attorney general (See exhibit c) ;
2. Filed a complaint with the illinois attorney general (See exhibit d) ;
3. Filed a complaint with the better business bureau (See exhibit e) ; and
4. Filed a complaint with the federal trade commission (See exhibit f) .
If lessee is not fully released from this lease immediately, if any more harassing phone calls are made, or if any negative reporting to credit agencies occurs lessee will hire a private attorney to pursue the following legal actions against mbf leasing (Or any other parent, subsidiary, contracted company, etc who may have been involved in the fraud perpetrated against company and lesee) including but not limited to the statues listed below.
I. Under texas bus. And commerce, title 1 sec. 2a. 108, the following provisions in the lease are unfair to the lessee and overwhelmingly favor the lessor:
1. Section 20. The lessee waives the right to pursue legal action against lessor in the appropriate venue, and must pursue action in the state convenient to the lessor. However, lessor retains the right to pursue legal action in any jurisdiction. In addition to being unfair, under 2a. 106, this provision is unlawful and the jurisdiction of new york is unenforceable.
2. Section 21. Waiving the right to pursue a claim as part of a class action, private attorney, general action or other representative action is not fair to the lessee.
3. Section 22. Per this section, lessee has the ability to opt out within seven days of the signing of the lease. However, at the time of the signing of the lease, a copy of the contract was not provided to the lessee so that lessee could review the terms. In fact, a copy of the lease was not provided to lessee until a letter dated may 12, 2008 was sent requesting more money to cover insurance for the equipment. At that time, the opt - out period had ended. It was also not until this time that lessee became aware of the additional handwritten information on the lease.
4. The schedule of lease payments, which lessee contends were fraudulently added after signature was obtained, is unconscionable in and of itself. At $49. 95 per month for 48 months, lessee will have paid $2397. 60 in lease payments for a used piece of equipment which can be purchased new for $239. 00 (See attached exhibit g) .
I plan on seeking all relief allowed for under sec. 17. 50. For mental anguish as a direct result of the unconscionable actions of mbf leasing.
Ii. Under title 2, chapter 17, sec. 17. 46, mbf leasing, llc, salesman violated certain deceptive trade practices act provisions by purposely caused confusion as to who salesman worked for and who the lease was being signed with.
Iii. On page one of the lease, the guarantor’s personal information was added to the lease after signature was obtained, and without guarantor’s authorization. This is a direct violation of sec. 48. 101 of the texas business and commerce code which protects my personal identifying information.
I plan to pursue these actions against mbf leasing, llc and any other action my attorney recommends and that is allowed for under the law. I will pursue relief related to mental anguish, recovery of attorney’s fees, and any other remedies for which i may be entitled. Pursuit will be made in any jurisdiction that is allowed for under the law, possibly including small claims court in harris county, civil court in harris county, and civil court in the state of new york. Additionally, i will be in contact with the county and district attorneys of harris county to seek consumer protection under sec. 17. 48.
Additionally, if the phone calls are not ceased immediately i will file complaints with the appropriate entities under texas penal code 42. 07. , which protects me from harassment by telephone.
Thank you for your attention to this matter,
Lesee
Cc: mbf leasing, llc
132 west 31st street 14th floor
New york, new york [protected]
The complaint has been investigated and resolved to the customer’s satisfaction.
If you are a merchant do not lease credit card equipment from this company .They are not honest. They will try to bleed you dry.
research this and find a leasing company that has no complaints.
Hi there,
I totally agree with you and I am glad you did something with it instead I did'nt know other way and I already paid for the whole 4 years. To bad I just found out now. Thanks again for your information 'cause I am sure there a lot of people out there got scam by them.
I agree with you. thanks for helping me out. they charge me out the ----.So thanks you show me the way out.I have a four yr contract too. I was a sucker as a woman they made it sound so good untill i recived the contract and bill. SEEN how much i was lied too. TEXAS GIRL SMALL BUISNESS
I lost the number to this company and I typed in MBF Leasing in Google and all this popped up! Wow! I just looked at my account a few minutes ago and I see that they took an additional 40 bucks out. Why I don't know! I am about to call them to see why. I am seriously thinking about going through with the law suit like everyone else. I have been with this company for about 8 months now. I was suckered as well! They are a very slick company that's making millions of dollars on us. I also found that there are better companies out here that doesn't handle you like that. Sad but lesson learned! Be advised to never NEVER SIGN WITH MBF LEASING! ESPECIALLY BY WAY OF THE COMPANY I N T E G R I T Y! I'm here in Texas so BEWARE!
MBF leasing, Merchant Choice Card Services and Woodforest National Bank are clearly scamming America's small business people. DO NOT SIGN ANY AGREEMENTS with these people. In October of 2009 Merchant Choice Card Serivces (MCCS) debited my account twice for the same chargeback. This chargeback was in the THOUSANDS of DOLLARS. They breached there own contract and now want to collect on it. MCCS and all other refused to return the monies immediately as required by law. It took weeks to get my own businesses monies back into the account. This was after payroll bounced, check bounced etc. These scam artist never once notified that they were taking a second chargeback on the same transaction. I belive they have again changed there name from MCCS to something new. BBB rating is an "F' on this company. Where is consumer protection when you have to personally guarantee this lease? DO NOT, DO NOT DO BUSINESS WITH THESE PEOPLE! You will get SCREWED oneway or another.
I have been scammed by MBF Leasing just like the rest of you! I have felt all along like people thought I was making this story up because it's so out there. Until I got court paperwork from New York the other day...don't know what, but something told me to look these people (including "their attorney") up on the internet and all this stuff popped up. It's like I keep hearing my story over and over again but told by a different victim each time! We have to stop these people from stealing our money! I have an appointment with my attorney next week! If I have anything to do with this, they won't get away with it! Can we file another class action law suit? Anyone with me? corinna_d_christopher@yahoo.com
I am an attorney in New York with experience handling cases filed by Northern Leasing and MBF Leasing. I am located within walking distance of the NYC Civil Court in lower Manhattan, where Joseph Sussman files these lawsuits. I offer a low flat rate to defend people who have been sued by these scoundrels. I have several years of experience in dealing with Northern Leasing and MBF Leasing, and have achieved excellent results for my clients. I look forward to helping you. Call me for a free consultation at:
Ariel Berschadsky, Esq.
110 Wall Street, 11th Floor
New York, N.Y. 10005
Tel: [protected]
www.berschadsky.com
Please note, effective December 15, 2010, I am no longer taking on cases involving Northern Leasing or MBF Leasing. Sincerely, Ariel Berschadsky
Bingo. U.S. Senator Kelly Ayotte helped these [censor] perpetrate these scams as AG of New Hampshire, I filed complaints and she did nothing.
http://tinyurl.com/358fyng
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People.
I am an attorney in New York with experience handling cases filed by Northern Leasing and MBF Leasing. My office is located across the street from the NYC Civil Court in lower Manhattan, where Joseph Sussman files these lawsuits. I offer a flat rate to defend people who have been sued by these scoundrels. I have experience in dealing with Northern Leasing and MBF Leasing, and have achieved excellent results for my clients. I look forward to helping you. Call me for a free consultation at:
Brett M. Schatz, Esq
Mann Mann & Schatz P.C.
153 Centre Street, Suite 202
New York, NY 10013
Tel: [protected]
www.mmsfirm.com
Effective 12/15/10, I am no longer handling cases involving Northern Leasing or MBF Leasing. I recommend contacting Brett Schatz. Sincerely, Ariel Berschadsky, Esq.
There has got to be hundreds of Attorney General complaints in alot of different states. I have filed in Texas and New York. These [censor] have got to be feeding so many politicians pockets. WE all have to complain to any and everybody we can! They froze over $6000.00 from my savings this morning and have already ruined my credit. Then the bank charges ME a non-refundable $100.00 processing fee! Sussman and his entorage need to pay all of us hardworking Americans back and then some. I hope they rot in hell!
My Name is Brett Schatz and I am an attorney in New York who currently represent over 25 victims of MBF's practices.
After providing large amounts of evidence of fraud my firm has just recieved word from TransUnion's Chief Fraud Investigator that TransUnion will remove any negative credit rating that has been placed on any victim's credit report once they are notified. I am hoping the other two major consumer credit agencies will follow TransUnion's lead shortly.
The removal of negative reports does not apply to judgments that have already been entered against victims in New York Courts (only an attorney can help you with that) and you must contact TransUnion via one of the methods outlined in the Link below:
http://www.transunion.com/corporate/personal/consumerSupport/contactUs.page
If you would like to discuss the possibility of hiring an attorney to represent you please contact me at [protected] or e-mail me at info@mmsfirm.com.
NEVER DEAL WITH THESE CROOKS! I had a decent credit card processing company, but got a better offer from a competitor. They set me up with a cool wireless terminal and promised total support. Everything went well for quite a while, but two things happened: the economy tanked and my terminal stopped working. When I called the company, I was told that they wouldn't replace it, and any repairs would be out of my pocket. (NOT as promised.) I told them I didn't want it anymore and they gave me an RA number to return the unit. Several months later, I noticed that they'd still been sucking the lease fees out of my account! My bank branch manager got them locked out and even managed to get back some of the money they took. Shortly afterward, they threatened legal proceedings. Their contention: regardless of whether or not I GET anything for my money, they want to force me to pay them for the originally agreed upon term. I refused, as business has been so bad, I simply couldn't afford it anymore.
They scheduled a hearing in NY. I live in Michigan. Per the instructions, I submitted a letter to the arbitrator and the company. The following month I get a default judgment against me, saying that my letter didn't constitute an "appearance, " and apparently was flat out rejected. Still, all communications came through LeaseSource, not from a court, which all looked bogus to me. Profanity-laced phonecalls and harrassment continued. Then, this AM, my branch called to say that my bank account is frozen and money is on hold. The timing is suspicious: my tax return just arrived.
Although I'm purchasing nothing from them, they insist that I owe them some $1, 500.00. If they'll do all of this for my paltry little sum, imagine what they might do to your much larger business! STAY AWAY from them AND their lawyer lapdog, Joseph Sussman.
Stu Chisholm
Stu & His Crew Professional DJ Service
Center Line, MI 48015
I was contacted by Northern Leasing to put a credit card processing service for my little 2nd hand store. The promises sounded good and the extra expense was reasonable. After completing the paperwork, and giving him a check for $50.00 processing fee, I was told that the credit processing machine would be brought to me the next day. I never saw or heard from them, again. The check was cashed. Then they started debiting my checking account every month for $100.00. I was told that the service was only going to cost $20.00 a month. Every time I called their office in Richmond, VA. I was told the equipment would be sent and the fee would be adjusted down. It never was! Then, after 3 months of $100.00 fees, and calling back I was told that they had no record that I was a client? I stopped payment on future payments being made. Several weeks later I received mail from Joseph I. Sussman that he would sue me if I did not pay the balance of the contract. Although I tried to tell him that I never received any service, he told me that did not matter and I owed all the fees. I was then served by mail in my home in Reidsville, NC., a civil summons to appear in a NYC courtroom to be sued. I sent an answer and in writing I advised the court in writing that this case was a complete criminal fraud and requested a dismissal based on the many factors that Northern Leasing never honored their own contract and I pointed out the several element of criminal fraud. I also wrote to the court that I'm a 100% combat disabled veteran of the war in Vietnam. I'm in a wheelchair and have no ability to travel. This leach of a lawyer still was awarded the judgment against me and now has it on my credit report. I wrote the Attorney General for both NY and NC. NO HELP! I'm no longer in business and because of my disability I'm only receiving a VA pension and SS DSI. I no funds available to hire legal assistance.
Marvin B. Cohen
681 Huffines Mill Road
Reidsville, NC. 27320
[protected]
Linmarlove@aol.com
So has anyone had success with a lawyer in resolving their issues with MBF? Please share your actual experience with the group.
I closed my business in 2013 after not being able to recover from issues from deployment. I am on a stick budget and I continually am receiving requests from Joseph Sussman. I am not sure what to do. I thought this was done when I told them after 2 days of having the system it did not work with my Apple computer and light speed POS system. But they then told me that it would and they will just send me another machine. they did so, that did not work either. when I complained they said I could not get out of the contract. I paid for two systems until I closed. Then I closed my bank account and this is the first letter that I have received. They are trying to send it Certified mail. I am thinking I just won't sign for it. Isn't there a, statue of limitations, on this type of crap. I mean how long they can harass you.