The contract attached to the Summons and Complaint lawsuit filed by LCA against me was NOT signed by LCA. However the answer to my complaint to the FDIC made by LCA was a contract that was signed by LCA. LCA is a corrupt company.
GO to: http://www.oakgov.com/clerkrod/courtexplorer/index.html?sid=hp and hit search court cases. They have over 100 pending at all times. Most defendents are from out of state. It cost too much to travel and hire a lawyer to defend your case over a lawsuit in the amount of $7 to $10k. Thats how much one would spend if they fought the case. Then what..?
LCA is a corrupt company!! They lie and fraud folks.
Oct 2008, Stephen Redd, who I knew as an equipment sales representative, filled out a credit application for placement of an ATM machine. He returned to my office within a few days with a lease contract that was partially filled out through LCA. I have previously done business with Mr. Redd on a credit card machine that I purchased. Mr. Redd was given the signed contract along with a check in the amount of $347.20 (first month's payment and two months in advance) and proof of liability insurance on the property inside the business. The term of the lease of 60 months at a payment of $115.00 per month and at the end of the term, 10% purchase option (of equipment cost).
1.)I was never presented with the cost of the equipment neither at the beginning or end of the term
2.)I was never presented with an accepted signed lease by LCA.
(On first page of the contract, 2nd column, it states that the lease is not binding until it is accepted the lessor, LCA. I never was provided an approved, accepted or signed contract.)
3.) LCA charged a $13.07 NON INSURANCE FEE. I called LCA about this and I was told to contact Stephen Redd. Mr. Redd was contacted and came my my office Oct 21, 2008 and picked up another copy of insurance paperwork and faxed to LCA. LCA continued to charge the NON INSURANCE FEE every month. I continued to contact LCA and each time I was told I needed to contact Mr. Redd. The charge continued with no change. All payments were paid on time and paid in full as the invoice stated including the NON INSURANCE FEE from Oct 2008 to April 2009
In April 2009, I contacted Mr. Redd and informed him that I was selling the business and needed to set up an appointment to get the lease contract transferred into the new owners name. On May 13, 2009 myself, Kevin and Agnes Rogers (new owners) and Stephen Redd had a meeting regarding the contract transfer. Mr. Redd asked me for the contract, the ATM machine keys, security code and for the business bank information. The money that was withdrawn from the ATM machine was credited to the business bank account. At that time, he asked The Roger's for their information and provided them paperwork. We then went to the ATM machine and trained the new owners on how to use the machine. Mr. Redd said he was finished with me and I was excused for the remaining of the meeting. I told Mr. Redd to contact me when the transfer was complete so the sale could be finalized. On May 14, I received an e-mail showing property information and bank information transactions have been reversed. Also, Mr. Redd contacted me within a few days with confirmation that the transfer was complete. That seemed to end the matter as I received no other invoices, statements, notices or any other communication from LCA or Stephen Redd.
I received an e-mail from Jeremiah Jones from LCA with threats of lawsuits and reporting to credit agencies This was the first time any contact was made regarding anything regarding the machine at all. Mr. Jones said he had made several attempts to contact me. In an e-mail dated July 24, 2009, Mr. Jones stated that he looked over my credit application prior to approving application. The information that Mr. Redd filled out on the credit application included my personal address, phone number, employer phone number and e-mail. I never received notification from Mr. Jones before 7-22-09 and I Mr. Redd as well as the new owners of Maxine's knew out to reach me.
July 22, 2009 I replied to Mr. Jones that this was the first time I had received any information regarding the machine since May. I explained to him that this must be a mistake because the lease was transferred in May 2009 by Stephen Redd.
July 23, 24 & 28 e-mails refute Mr. Redd's representation of LCA and acknowledged Mr. Redd was dishonest, misleading and misinformed according to LCA.
July 28, 2009 E-mail from Jeremiah Jones (LCA) to me regarding pay off. Mr Jones states, “Ok, I will get the final payoff just for your knowledge”
Aug. 3, 2009 I received a quote in the amount of $604.97 and that would cover May-August . Also, Mr. Jones stated, “I'm unclear on any side deals you may have had with Steve.” There were no side deals and it's unclear to me what his implication meant.
Aug 6, 2009, I received an e-mail from Mr. Jones stating the total due on lease is $467.70 and that would get the lease current and through August which contradicts the previous email
Aug 10, 2009 The threats continued w/ lawsuits. I was first contacted less than 20 days from these e-mails.
Aug 12, 2009 Although by now I have not owned the business for 3 months, I spoke to Mr. Jones and I authorized LCA to deduct my personal bank account for $467.70 and he confirmed payment over the phone. Aug 14, 2009 my bank statement showed that LCA deducted $487.70 which was $20 more than I authorized and $20 more than their quote of Aug 6, 2009.
Sept 21, 2009, e-mail from Mr. Jones to LCA management, myself and Stephen Redd stated that a report should go to my credit for being 30 days late.
Since I paid through August, 30 days late would not be on Sept 21, the date of the e-mail.
Sept 21, 2009 transaction between Mr. Redd and Mr. Jones regarding new lease with new merchant for the ATM machine in question.
(Mr. Jones stated earlier that Mr. Redd was dishonest, misleading and did not represent their company. Now he does??)
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Sept 30, 2009, e-mail from Mr. Jones requesting lease payment for Aug and Sept in the amount of $311.74. However, the month of August was included in the $467.70 payment made on 8-14-2009.
Oct 13, 2009 e-mail from Paul Holka, lca, requesting payment for leased ATM machine.
. (Mr. Redd transferred the bank account information from my bank account to their bank account so they would receive the monies back from what was withdrawn from the ATM machine. If the bank accounts were transferred, the machine was in their possession and being used by the new owners. It would stand to reason that the machine had been properly transferred.)
There has been a lot of confusion throughout this ordeal. It is difficult to say if it was caused by Stephen Redd or LCA. Perhaps by both. It is obvious that there were numerous FDIC violations that were committed by Mr. Jones, LCA and its representatives. Mr. Jones committed a criminal act by withdrawing funds that were more than the authorized transaction that were due and made. It frustrates me that I have been unable to find answers to who is accountable for this situation. When I called LCA with questions lease contract, I continued to get referred to Stephen Redd.
This matter should have ended in May 2009 when the business was sold, the new owners took over and LCA through Stephen Redd transferred the bank accounts and the ATM machine. I paid a total o $139.90 in NON INSURANCE FEES even though I provided them proof of coverage on two occasions. I also paid May, June, July and August payments in the amount of $467.70. I overpaid by my accounting of $598.60 . Also, I have spent a lot of the time, energy, and was harassed in the process.