Today, major companies are taking advantage of small retail businesses like never before in history. Mr. V.’s Restaurant Equipment and Store Fixtures LLC needed a credit card processing machine, and a representative from Wells Fargo brought the documents to the business. The officer explained that all credit cards would be charged overnight and deposited that following day in the business’s bank account. The company would be paying 1% for processing Visa and Master Card and 1.25% for American Express. Mr. V had been dealing with banks for 60 years and trusted what the representative said, as it was difficult for him to read the small, complicated print often seen on contracts such as this. He had no idea the credit card processing companies had run into a major problem with the banks based on their increasing percentages, and they passed their problem onto the retail businesses. It has been explained throughout this book how minority lawyers and court judges take advantage of small businesses, but he had no idea a bank like Wells Fargo would allow credit card processors to take advantage of their customers through fraud. Growing up watching Western movies on TV, he witnessed cowboys chase and attempt to rob Wells Fargo’s caravans. This propaganda made him believe with all his heart that it would be impossible for Wells Fargo to allow any criminal activities to get involved in their banking company. Money is like driving an automobile; it can be turned in different directions based on where you’re going with it. Money is a simple matter for poor people; they work hard, collect paychecks, and spend their money to show others they fit in among the rich and famous. When Virgil was growing up years ago, back in 1940, most major companies were totally respectful and operated their business with truth and honesty, but those days have come and gone. It’s unreal how they are now robbing small businesses and suffering zero consequences for their illegal activity. The problems of small retail businesses in the United States are ignored by the media, so there is no way for owners to expose these major hustles.
Mr. V started to see how the credit card companies were taking advantage of his business earnings. From the start, the money took days, if not a week sometimes to be deposited into the business account, which had a detrimental impact on the business. He had no choice but to close the account and go with another that could meet his business’s financial timeline but didn’t realize he was only changing company names. The new credit card processors were still under Wells Fargo’s authority. Starting out as a sharecropper on a farm, he witnessed history repeat itself with MBF Leasing. This was no different from the average species on the planet taking advantage of signs of weakness, and signing the contract was the first setback. Once signing the contract for the credit card machine, he became the person responsible for paying under the terms listed in the document set up by the bank.
Beware: Signing A Contract
MBF Leasing has not presented any agreement showing that James Virgil signed his personal name on their agreement. The agreement signed on September 27, 2016, is under the name James Virgil President. MBF Leasing’s sales representative realized what he had done and asked Virgil to re-sign another agreement without his title, as an individual. When he refused, the rep took back the credit card processing machine.
On November 17, 2016, Mr. V’s placed a stop payment on the business’s Wells Fargo account as MBF Leasing continued to charge the business for the processing machine. Certified registered letters were mailed to MBF Leasing on numerous occasions about these occurrences.
On June 1, 2017, MBF Leasing sent Mr. V’s Restaurant Equipment and Store Fixtures a statement, claiming to be owed $1,252.91 and 5 days later on June 6, 2017, sent another letter stating that they were owed $8,549.49. On June 31, 2017, the processing company sent a third letter with the amount of $7,881.24. MBF Leasing then placed a $5,000.00 default on James L. Virgil’s personal credit score. Mr. V’s Restaurant Equipment and Store Fixtures and it’s legal representatives repeatedly sent correspondence to the company, its legal counsel, and the NY Attorney General. Eventually, the $5,000.00 default was removed from his credit report.
The previously mentioned and additional letters that followed also required Mr. James Virgil, President, to present himself in the Civil Court of the City of New York, to which he replied to on November 8, 2017. The certified, registered letter stated his inability to travel to New York from Atlanta, GA and the fact that MBF Leasing did not fulfill their obligation.
On January 9, 2019, at 9:45am, a judgment was entered in the Civil Court in the STATE OF NEW YORK in the total amount of $7,358.36.
On February 14th, 2019 $12,252.24 was taken out of James Virgil’s personal savings account, which contained his monthly Social Security checks.
There is no greater act of fraud than this and the following documents prove so. Each document signed the same, James Virgil President, as well as the business’s address. Mr. Virgil has and is still asking the United States to not only refund the money withdrawn from his account, but to take over and stop allowing these “legal” and illegal activities to continue. The New York City court judge allowed the Plaintiff and their attorney to hold James L. Virgil personally liable for equipment under the Corporation.
Northern Leasing Systems and Their Tricky Ways
MBF Leasing is an equipment lease provider, doing business under Northern Leasing Systems, which also includes Lease Finance Group, Golden Eagle Leasing, and Lease Source-LSI, LLC. MBF Leasing has an “F” rating with the Better Business Bureau, as their files indicate a pattern of complaints concerning the sales practices, contracts, and the customer service of this company. Like other equipment providers, the company’s services and products are often packaged within the merchant account contracts of credit card processors. Because of this, merchants regularly sign equipment leases through MBF without realizing that they are entering into agreements that are separate from their merchant account contracts. Companies under Northern Leasing Systems have contract terms that are non-cancellable and usually run for 48 months, something that is often misrepresented by their staff.
Small business owners who have filed complaints with the BBB have confirmed the company’s high-pressure sales tactics to get them to sign a contract, not getting the full agreement until all pages are signed, and the difficulty reaching a live customer service representative for assistance with their issues. Because of these things, many lawsuits and over hundreds of complaints have been filed against these companies.
The New York Attorney General
In March of 2013, MBF Leasing and its associated companies reached an agreement with the New York Attorney General to pay out a multimillion-dollar settlement to hundreds of small business owners, after being accused of creating a shell company called SKS Associates LLC, to withdraw money from merchant checking accounts after their contracts had expired. While the lawsuit ended the existence of SKS, Northern Leasing Systems continues and has grown into a very large network of equipment providers. Jay Cohen is listed as the CEO of Northern Leasing Systems, and by extension, MBF Leasing.
In April 2016, the New York Attorney General filed a second lawsuit against Northern Leasing Systems, Lease Finance Group, and MBF Leasing “for their fraudulent and deceptive practices that trap small business owners across the country.” The company knowingly deceived thousands of business owners into buying overpriced equipment and then abused the judicial system by filing suits in New York to collect on overdue lease payments.
Criminal Activity Rapidly Growing
Unfortunately, criminal activity in the legal system has always been a major problem for Black business owners throughout the United States of America. As you have read early on in the pages of this book, here in the United States, black people have no legal rights in the court of law. All other races have rights over and above the minority Black business owner. Being such, James Virgil has been taken advantage of in the courtroom with no repercussions. During his divorce, he was remanded into court and falsely accused of moving his business finances to avoid paying debts. You have read about the time an attorney representing Mr. V was also working with the other side. He learned one thing if nothing else in the courtroom, keep your mouth shut or go to jail. In the courtroom, the judges and lawyers are in total control of a Black minority’s money and freedom.
New York Legal System
The attorneys involved in the New York legal system are also a major part of this credit card processing scam. Mr. V telephoned some of the people that the New York State’s Attorney filed a lawsuit for against MBF leasing and they only collected pennies compared to what had been taken from them. This is a scam. The New York District Attorney has stated that the company is fraudulent, but has not shut the operation down. The people in today’s society are too smart to get misused, abused, and then turn a blind eye. This is a scam that New York City should be held responsible for. If the smartest country in the world thinks it is going to start treating their people like slaves, they are wrong.
People can only outsmart each other for a period of time, humans are the smartest species on the planet, and they will come back around. Every day the news shows criminal activities on the streets, but the vast majority of the criminal activity that takes place in the legal system is left out. How many people have asked, what is the difference between a person stealing out of the bank and those that are violating the law and taking advantage of everyday individuals through the power of the legal system?
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