February 26, 2001

 

 

  This week, Linda Kester writes," "How To Survive a Recession", exclusively

             for Leasing News.

 

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Headlines----

  Advance Rentals---Rage!!!

   eLease--Employes Let Go, Prime Street is "History."

     Finova Hurtle Tomorrow---Dow Jones Predicts Showdown

       (( note: Lehman Bros. ( who are also involved with United Capital) are

        discouraged,in addition, Finova needs operating cash---see story ))

     

 

_________________________________________________________
  United Capital

 

Information Leasing Corp. in Cincinnati Oh. has acquired/ is now the servicing agent on the

lease portfolio previously serviced by United Capital leasing Corp. Austin Texas. We are still

trying to get confirmation or denial on this.  As we said last week, it will come out

in public, but the significance is the "survival" of United Capital. We are unable

to obtain any information directly from Steve Dallas.

 

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Sorry for any inconvenience or posting as we were again hit by a hacker.  We keep

making our system more secure, but it appears we have someone who doesn't like us,

and is determined to keep us off line.  It is an inconvenience, also involves my

time,  costs us more time in labor and software, but as you can see we are back on line and will

make every effort to remain on line. We have sought help from the FBI about spamming

jamming up our system, but we evidently are a small concern to their other cases

they are working on.

We do not know if all our mail went out today, or if we received all our mail,

and are still working on that aspect.

 

We are sorry for any inconvenience to our readers. editor

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We encourage you to quote us or send our newsletter to a colleague.

 

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   eLease---PrimeStreet

 

  ( We reported earlier the closing of eLease ).

 

PrimeStreet has let go all of their employees and is closing operations.

 

Up until last week, I worked for eLease and was supposed by part of the Palo Alto office of

PrimeStreet.  They were unable to secure funding for their "C" Round, so the acquisition of

eLease was canceled and PrimeStreet is history .

 

  name with held.

               

 

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    The Name---Name the Company----Come On, Name the Company!!!!

 

 What Is the Name of the Company Doing "Bait and Switch,"

             Keeping  Advance Rentals and Deposits?

 

    

 

I don't get it.  You printed an excerpt from an email about an unscrupulous leasing company

involved in a typical bait and switch scam and your not going to alert all of us so we can

inform our prospects about their heinous practices?

 

These are the guys who screw it up for everyone and I think it is part of your responsibility to

 

report these findings.  Please print my name.

 

Michael Duhamel

Zaxon Entreprises, Inc.

877-553-2734

www.zaxon.com

 

  ( It is upon the advise of the Leasing News Advisory Board that we are not

    printing the name of the company at this time. There are many legal issues involved.

    Unfortunately these practices are not "uncommon", although luckily also not typical.

     Leasing News is giving air to many practices that have been going on for years  

     that many experienced professionals are aware, but nothing has been done as most look the

     other way.

 

     See lease attorney Barry Marks comments on Friday:

    "...both Joe Bonanno and I have been warning for years that collecting rents

     and security deposits before deals are approved, while a common practice and

    not per se unreasonable, can lead to a lot of trouble."

 

    One of the major reasons for the demise of many leasing companies in the

    last eighteen months are the unethical and poor business practices who's

    sole goal is the almighty buck. editor).

 

------------------related subject---

 

 Sunday Sermon

 

I guess I don't get to church enough but what exactly does this have to do with advance rentals? 

Are you saying we should blame our selves for the dishonest practices regarding advance rentals

when we are honestly collecting advance rentals and re funding them in the same manner if for

some reason we can't adhere to our proposal and keeping them if the lessee decides to back out

after the approval has been given that matches the term??

 

Michael Duhamel

Zaxon Entreprises, Inc.

877-553-2734

www.zaxon.com

 

 

   ( Yes.

     First, I am always "nervous" to send out non-Industry e-mail, and especially to

     mix "religion" with "business." Mentioning "God" brings up all kinds of

     things with people, and if I say I am in favor of prayer in public schools,

     then I am anit-Muslim, anti-Judaism, anti-Buddhaism, and am a "bible toter."

     Well, I think of myself as "prejudiced,". I don't promote being "prejudiced." I also

     don't see why there can be a prayer said in public schools. What's the

    matter with getting "God" into your life? If that crosses the line, fine,

    as I am not afraid of controversy.

      Second, to your specific question, I answered, "yes."  If we look the

     other way, stick our heads in the sand, double-talk about what we know is unethical,

    dis-honest, bad business, then we are part of the problem.  Let's not mince words

    or play games, even if you contract gives you the right on "advance rentals" and

    you do not proceed with the lease, and especially if your aim is "bait and switch"

    or unethical selling ( making a "used car salesman" look good ), this is not

    professionalism, this is not good business, and to put the blame on someone else

    or the practice in the industry, or the lease contract---Yes, that is what I meant

    in the Sunday Sermon. It's time we took responsibility.  It is time we stand

    up and say, " No More."  I won't do business with a company that does that.  I

   won't promote it. I won't just ignore it. We as a leasing community need to

   take more responsibility and blame for letting things like this happen.

   You will see that the great majority agree about the ethics and morals

   regarding keeping "Advanced Rentals."  editor )

 

 

 Kit,

Do you attend Tim Timmons church " New Community"?  Very odd.  My pastor,

this morning, said the exact paragraph thing you said below, whole story,

about it not being their fault as to why they screw up or things go wrong.

I am a strong believer with perseverance you can only succeed.  And yes,

take responsibility for your own actions and choices.  And when troubles

occur, face them and go through the wall because you will be stronger for

it.  Just wanted to add a 'weird' to this below Sunday Sermon.

Kerrie La Bianco <kllb@home.com>

First Providence Capital

 

 

 

________________________________________________________________________
    Advnace Rental Reaction

 

On the posting of the comments from the individual that you protect their identify, I'm

confused.  Is the author bragging about how he/she blatantly misrepresents the monthly payment

to the customer just to get an advance payment check or his the author wanting feedback about the policy.  I'm not sure but here is my comments.  It is not only morally reprehensible, I'm sure it is illegal. Anyone who works for this company and does not see that this is a "bait and

switch" scam, should not be in the leasing industry.  If the author is going to stay in the

industry, my advise, changes companies.  If not, one day when you walk into work, you might be

having a conversation with the local, if not federal authorities. 

 

Kit, I wish you would let us know the name of this company.  Companies like this is what give

the industry, especially brokers, a bad name.

 

Craig Tillison               

craig@evergreenleasing.com

 

            =        +             +

 

 

As to the retention of advance rentals on deals that don't close.  Think

about whether you want to stay in this industry for the next 20 years, and IF

there will be an industry in 20 years, and then ask yourself:

 

1.  If the customer whose money you take (without earning it) will EVER do a

lease again, with you, or any other lessor except the very large ones (Dell,

Amex)

 

2.  It is said that the largest single direct funder in this industry is

American Express.  Would American Express keep the advance rentals?  I doubt

it.

 

3.  Thank you for the legalese from our two distinguished attorneys, but

ethics come first...

 

I hope the writer of that piece isn't a CLP, or studying to be one.

 

Charlie Meaker,CLP -  Lease Financing, Inc.

 Mrlease@aol.com

 Look me up in the UAEL directory

(if there ever is another one published)

 

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Re: Advanced Rentals

 

The fact that the writer would be fired if they published the name of the

company speaks for itself.  Obviously the advance payments are being kept

inappropriately, otherwise why worry?  This is a typical bate and switch

type of operation and the kind of thing that sours customers' on doing

business with legitimate lessors because they've gotten their nose bloodied

by these types.  I would advise the writer to find another career or

associate themselves with a legitimate lessor.  It might make for  a better

night's rest to say the least.

 

Michael Wagner

Dimension Funding

mwagner@dimensionfunding.com

 

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I guess every industry has its share of skunks, ours just seem to stink

more. Maybe I just fell off the turnip truck but sending out lease contracts

prior to approval without disclosing such to the customer is, at bare

minimum, misrepresentation. Doing so with the express purpose of collecting

non-refundable payments and/or changing lease terms after docs are signed is

plainly fraud.

 

We've recently had 2 incidents involving difficult credits that cost us

immeasurable amounts of time and frustration yet other lease companies

swooped in and miraculously "approved" them in a day. One of them we were

able to confirm for the customer that their "approval" was bogus in time for

them to stop payment on their check. The other has substantial funding

issues (lien searches, site inspection problems) yet the vendor took it

elsewhere and it was "approved and docs sent" within a day. Hard to believe.

I have a set of signed docs which clearly state that the advance payments

are non-refundable but we will probably refund them anyway keeping only a

small portion to cover out-of-pocket costs. Caveat emptor.

*******************************************

John Craine, VP Sales

PowerNet Financial Group Inc.

Your Professional Equipment Leasing Network

http://www.thePowerNet.com

(800)348-2288

Fax (781) 461-9449

JohnC@thePowerNet.com

 

 

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As a newcomer to your site, but a veteran of the industry, I am truly amazed at the level of

informative "buzz."  However, I am grossly disappointed by some practices being employed, which

result in a negative reflection on our industry overall.  Namely, the practice of quoting a low

lease payment, obtaining advance rents and retaining those advance rents if the lessee doesn't

agree to being "shaken down" by paying a higher lease payment than what the lessor agreed to.

 

I thought it was pretty simple; i.e. quote on a deal, obtain an advance rent with the lease

application - if the transaction is declined due to the

lessor's inability to obtain underwriting and/or poor lessee credit - return the advance!

 

If, upon review, the credit is weaker then expected, with a risk premium being necessary to get

the deal done - offer the lessee the option of a higher payment - or return the advance !

 

To engage in deposit taking is not only unethical but illegal and to think it is an accepted

industry norm is outrageous and hurts all leasing professionals.

 

Corporate Capital

<mail@corporatecap.com

 

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I understand why the writer in the 2/23 LeasingNews wanted to be anonymous. 

Quoting a low "competitive" rate and then sending the applicant docs at rates

that are "...usually much higher..." is at best unethical, and in most states

is illegal.  This is referred to as a "Bait and Switch" scheme, a tactic used

by unscrupulous car dealers. If a quote is given that the sales rep knows is

unavailable and takes an advance from the customer for providing the quote,

if the applicant does not agree to the higher rate, the advance should, under

any ethical standard, be returned to the applicant.  The quote and acceptance

of an advance payment is an implied "contract", and unless the quote

specifically provides for the retention of the advance if the applicant does

not sign the higher rate contract, the failure to return the advance probably

constitutes breach of contact under civil law, and may also constitute fraud

under criminal law.

 

Mark Speros

Director-Broker Division

Landmark Financial Corp.

 MSperos007@aol.com

 

            Keystone

 

My few informal dealings with Barry Marks have lead me to believe he is

very knowledgeable, very bright, and very committed to serving this

industry, to which he has been most gracious.  Hence, his admonitions

against advance fees cause concern.

 

Many years ago, after being exercised in vain by a string of

tire-kickers, I came up with a form for any applicant in whom I detected

a lack of serious interest.  After spelling out the proposed lease

terms, conditions, advance rental and documentation fee in paragraphs

one and two, the letter goes on to say:

3. Upon approval of credit application and signing of lease, the entire

payment shall be applied to Applicant's advance rentals and

documentation fee.

 

4. If Lessor refuses to approve Applicant's credit application, the

entire payment herein received shall be returned without unreasonable

delay.

 

5. If Applicant declines the lease offered after Lessor has expended

time and effort in obtaining the approval, Lessor shall retain from the

deposit any sum it deems necessary in its sole judgment to adequately

reimburse its efforts.

 

Before asking for signature and check, I verbally highlight paragraph

five, with a quip about it being a "tell-me-that-you-love-me-letter."  I

continue my pitch by saying that if the applicant decides, after

approval, to "get the money from his brother-in-law," I shall consider

the advance to be mine.

 

When I cannot approve an application, I return the entire pre-payment

including doc fee.  Further, when I retain monies per paragraph five, I

permit one hundred percent of it to be applied to future transactions,

if any.

 

In response to his recent letter to LeasingNews, I would ask Barry if

this meets minimum requirements for establishing a defensible position.

 

If his response is positive, I encourage others to use it.  Most serious

applicants tell me that it is very inoffensive.

 

Thank you,

 

Barry Reitman

baldguy@keystoneleasing.com

800-225-3489

800-BALDGUY

 

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 Can We Agree on One Thing?

 

Thanks for the informative newsletter.  We enjoy it daily. 

 

We have no problem going on record for the sake of industry opinion in saying that Brokers are

continually monitored by their funding sources based on submittal to funding ratio's.  Depending on the underwriter approval to funding ratios can also be vital to a relationship and the

overall profitability of a debt source.  Having said that it is necessary, at least in my

personal experience to collect a deposit from the customer based on a formal letter of intent

outlining the terms and conditions being offered from the leasing company.  This offer should be competitive and realistic for both parties.  Thus the art of negotiation is important to the

survival of any business.

 

Organizations attempting to turn and burn the app only market and hire faster than they can

train get in trouble with representatives who do not have the skill to review a package and

quote a program without a formal credit submittal.  In addition it takes a certain political

correctness to approach a lessee prospect that you mis-quoted (due to honest error or new

information found from the underwriter that the broker was unaware of) and show them how you

need to restructure the transaction now.  This is not something learned in a training class but

over time and with experience.

 

In our organization for example, with the exception of "in house credits", it is company policy

that we do not send out final documents without first obtaining a letter of intent from the

customer displaying the exact terms they will see on the final documents.  This lets the lessee

and us clarify that we are in agreement on the terms.  If they sign a letter of intent and the

terms need to change then we send them a new letter of intent to sign with the appropriate