MBF Leasing LLC, 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 Services (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 believe 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 one way or another.
If you are receiving debt collector letters or if you are you being sued by MBF Leasing LLC, you may have a defense the lawsuit and/or a claim against them.
Consumer advocate and credit/debt expert has information about MBF Leasing here.
If you told you were signing a month to month lease, and were not given access to the entire lease agreement at the time, and all the handwritten info (Including terms) was added after you signed it. the MBF lease contract illegal and invalid. You may not have to pay a lawyer at all and not pay one cent to MBF Leasing LLC. Because you probably did not know that you were locked into a 4 year contract and that is what attorneys call an adhesion contract.
MBF Leasing LLC is in violation of: FDCPA 807; False or misleading representations:
"A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:"
You should file complaints with the following entities; MBF Leasing LLC's Illinois and New York offices; your state Attorney General, New York attorney general, the Better Business Bureau and the Federal Trade Commission
Here are some tips that will help you:
1. Don't wait around until it is too late and they start harassing you and messing up your credit.
2. Document every phone call and get the name of the employee that you speak with.
3. Most importantly, argue only the facts. There is contract law, and the Fair Debt Collection Practices Act that protects consumers from being fraudulently induced into signing a contract.
4. NOTE: Under TITLE 2, chapter 17, sec. 17. 46, MBF Leasing, LLC, 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.
5. NOTE: 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. For example this is a direct violation of sec. 48. 101 of the Texas business and commerce code which protects my personal identifying information.
MBF Leasing, LLC addresses:
MBF Leasing, LLC
132 West 31st Street 14th Floor
New York, New York 10001 - 3401
MBF Leasing, LLC
281 West 83rd St. , Suite D
Burr Ridge, IL 60527
Just because MBF Leasing, LLC, sues you does not mean that they are automatically entitled to a judgment. They still have to prove their case, and you can even have a trial, even a jury trial. The key is to answer their letters and threats and/or lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win money damages, and have a judgment in your favor entered stating that you do not owe the money.
A lawsuit can be brought against MBF Leasing, LLC for willful and intentional fraud and racketeering which will be prosecuted for at least treble damages for commercial injury pursuant to racketeering under Title 18, Chapter 96 of the U. S. Code.
Additionally MBF Leasing, LLC does NOT have any evidence and/or testimony from ANYONE with personal, first-hand knowledge and sworn to under penalty of perjury as REQUIRED by the Federal Rules of Evidence 602 and 603.
As has been clearly and thoroughly evidenced in case after case, the alleged Claimants alleged legal representative, MBF Leasing, LLC, continues to fail to file a PROPER and LEGAL "claim" UNDER ANY LAW.
The Fair Debt Collection Practices Act "meaningful review"
What does the Fair Debt Collection Practices Act’s requirement of "meaningful review" mean anyway? This court stated that 'merely being told by a client that a debt is overdue is not enough.' Clearly, a lawyer must do something other than rely upon a client’s word. Some amount of research and review of the individual account must take place. Implicit in this case was the court’s concern about the large number of collection accounts that the firm received each month. Was the court implying that there might be a potential issue of unauthorized practice of law? The Fair Debt Collection Practices Act requires a meaningful review by an attorney of the circumstances surrounding an alleged debt (emphasis added). Let’s say for the sake of argument that a firm lands a big account and receives in excess of 50,000 files for collection per month. Having a paralegal review, for example, the debtor’s payment history and credit report may enable the attorney to process the files in a more efficient and timely manner. However, the attorney still has a duty to ensure that the information provided by the paralegal is accurate. In other words, rubber stamping of another’s work product does not reduce the risk of a malpractice claim or of an ethical complaint. The court in Miller did not set out a list of do’s and don’ts. However, it makes good sense for a collection practice to have a set of guidelines or procedures in place to demonstrate that 1) the alleged overdue account was meaningfully reviewed and 2) that an attorney was involved in the review.
United States District Courts and Supreme Court Rulings
Mile High Industries v. Cohen, Rhode Island v. Massachusetts, Szetela v. Discover Bank, Toppings v. Ameritech Mortgage Services, Inc., Doctor’s Associates, Inc. v. Casarotto, Vermont v. New Hampshire, Casteel vs. Clear Channel Broad., Inc., Fleetwood Enterprises, Inc. vs. Gaskamp, Stout vs. Byrider, Myers vs. MBNA America and North American Capitol Corporation, Georgia v. South Carolina, Hale vs. Henkel, Erie Railroad Company v. Tompkins, Trinsey v. Pagliaro and Adickes v. Kress & Co.
There are many other Procedures, Rules and codes that may be used against MBF Leasing, LLC.
We have the answer, and all the documents and information your will need to defend yourself against MBF Leasing, LLC at reasonable cost.
Contact us by filling out an information form at the following link. Information Request Application
We We have two options available for consumers who are being sued by MBF Leasing, LLC. Whether you hire us or someone else, it is better to hire a lawyer than to go it alone.
To find out more about your possible claims and your rights against bill collectors or collection agencies click on the link below:
What a Debt Collector Can’t Do
According to the Fair Debt Collection Practices Act, They are not allowed to threaten bodily harm (unless you borrowed money from the mob, then you’re playing by Vito’s rules).
They cannot have you arrested. There is no such thing as debtor’s prison anymore.
They can’t take your home or threaten to take your home.
They can’t publish or reveal to anyone else that you have an outstanding debt.
They can’t threaten to take away child custody.
They can’t have you deported.
They can’t call you before 8:00 am or after 9:00 pm
They can’t call you at all if you asked them in writing to stop, or if you’ve hired an attorney.
If you’re being harassed by a debt collector in these ways, you do have options available to you to fight back and eliminate that bad behavior. Check these out:
Call the collection agency- Do this first. It could be a legitimate debt collection company that wants to work with you to collect the debt, and the one person that contacted you is just a bad apple. If you can’t get anywhere taking this step, then IF IF YOU ARE CONTACTED BY MBF LEASING LLC OR ANY DEBT COLLECTOR GET IN CONTACT WITH US FOR ASSISTANCE.
Please CONTACT US for a FREE consultation