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TimePayment Corp

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TimePayment Corp Reviews (5)

Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments belowI will wait for my attorney advise on May 4th and I will advise Regards, [redacted]

After speaking with your attorney on Thursday, April 30th in regard to the Revdex.com complaint that you have filed against TimePayment, we have obtained authorization to respond to the concerns mentionedYour complaint first asserts that TimePayment withdrew funds from your company’s bank account, via automatic monthly payments, without authorizationYou have claimed that TimePayment Corpwas only authorized to automatically debit payments from your account for the initial Lease Term and it is your belief that, after your Leases “expired”, TimePayment would have had to obtain a new signed ACH Authorization FormYou have further claimed that TimePayment collected $7,in unauthorized debited payments over a period of six (6) months, when you believed the Buyout Amount on your accounts to be a combined total of $5,Last, you are disputing the current Settlement Offer of $3,(to close both accounts) and are demanding a refund of $2,First, please be advised that TimePayment has never automatically debited any payments from your personal or company bank accounts in regard to Lease Agreement Account No [redacted] as we never received a signed ACH Authorization Form in regard to that accountOur records indicate that all payments received in regard to Account No [redacted] were paid via regular and direct check after our representatives received verbal authorization to process payments over the phone by various representatives of Popular Brokerage CorpTo address your complaint that TimePayment automatically debited payments without consent in regard to Lease Agreement Account No [redacted] , please refer to page one (1) of the Lease Agreement (attached hereto)The top right corner of the document contains a box titled “Automatic Debit option Only for BUSINESS Checking Accounts” – it states: “BY SIGNING BELOW ON BEHALF OF THE LESSEE, I CHOOSE TO HAVE THE MONTHLY LEASE PAYMENTS AND OTHER AMOUNTS OWED UNDER THE LEASE FROM TIME TO TIME AUTOMATICALLY DEBITED FROM THE CHECKING ACCOUNT SHOWN ABOVE WHEN DUEYOU AND YOUR AUTHORIZED AFFILIATED ARE AUTHORIZED TO DEBIT FOR THIS PURPOSEI REPRESENT AND WARRANT ON BEHALF OF THE LESSEE THAT THIS CHECKING ACCOUNT HAS BEEN ESTABLISHED AS A BUSINESS PURPOSE CHECKING ACCOUNT AND IS NOT USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSESATTACH A COPY OF A VOIDED CHECK TO THE LEASE AGREEMENT.” Additionally, you signed a separate document which further authorized “EFT Direct Payment”, which states: “By signing below, I, as Lessee or Lessee’s representative, have chosen to make all payments owed by Lessee under the Agreement by the method selected below and authorize my Bank or credit card company shown below to: A) debit my checking account if I have selected EFT Direct Payment – Option A; or B) charge my credit card if I have selected Option B, to pay TimePayment Corp., or its assignee on the payment due date, the Total Monthly Payment owed by Lessee each month under the Agreement (which amount may vary per the Agreement), together with any other amounts Lessee owes including past due amounts or default chargesI agree that if a Total Monthly Payment or other amount cannot be collected for any reason when due, that continued attempts may be made to debit or charge the designated account for the amount owed until payment in full has been receivedI agree to maintain a deposit or credit balance in the designated account sufficient to make all Total Monthly Payments when due and also to pay for any other amounts owed under the Agreement, including past due amounts and default charges, if anyI understand that the Automatic Payment Method selected by me will remain in effect until cancelled by your or meIf the Automatic Payment Method is cancelled, I/Lessee will owe a $cancellation fee and Lessee will be charged a statement fee per the Agreement.” Automatic Payments were disabled for Account [redacted] on November 14, at your requestFor your convenience, I have attached copies of both Payment Authorization Forms, as well as a copy of the voided check that was provided along with the ACH AuthorizationWhile we understand that you believe any authorized ACH transactions should have ceased at the end of the Initial Lease Term, this contradicts what is stated in the Lease Agreement and in the End of Term Letter that was mailed to youSpecifically, section of the contract (“End of Lease Term”) states: “At the end of the original Lease Term I have the following options: I can promptly return the Equipment in good condition, except for ordinary wear and tear, to you or to the person and place you indicate, or I can extend the lease for the same terms and conditions as stated herein on a month-to-month basis until such time as I give you written notice that I elect to terminate the lease at least days prior to such termination and return the Equipment, or Upon my request I can purchase the Equipment for the fair market value as quoted by you at that time plus any applicable taxesThe amount will not exceed 10% of the aggregate lease payments (i.ethe total of the base monthly payment due during the entire term of the Lease)Unless I notify you in writing of which option I choose days prior to the expiration of the Lease Term, I shall be deemed to have chosen option (Month-To-Month Rental) ”On January 21, 2014, TimePayment mailed you a letter outlining your end of lease term options in regard to Account No [redacted] On April 22, 2014, TimePayment mailed you a letter outlining your end of lease term options in regard to Account No [redacted] Those letters stated: “This letter is to inform you that there are two months remaining on the initial term of your agreementIn accordance with the terms of your agreement, you have the following options at the end of the initial agreement term: (1) you can promptly return the equipment, in good condition, except for ordinary wear and tear, to us by the end of the initial term of the contract (30-Mar-for Account [redacted] and 30-Jun-for Account [redacted] ) or (2) you can extend the agreement under the terms and conditions stated in the agreement on a month-to-month basis until such time as you give written notice that you elect to terminate the agreement at least days prior to such termination and you return the equipment to us or (3) you can purchase the equipment for the fair market value as quoted by us at the time of termination plus any applicable taxesUnless you notify us in writing of the option that you wish to choose days prior to the expiration of the initial agreement term, as stated above, your agreement will automatically be extended on a month-to-month basis as outlined in option (2) above.” I have attached copies of these letters, as well as the Lease Agreements, for your review.Our records indicate that your accounts automatically transferred over to “Month-To-Month Rental” (per the terms of the contracts) on March 10, for Account [redacted] and June 10, for Account [redacted] after you failed to notify us in writing of which End of Lease Term Option you had chosen, failed to return the equipment and/or failed to pay the Buyout Amounts on the respective accountsFor this reason, neither of your accounts “expired” as they simply continued, per usual, on a month-to-month rental basisTo date, TimePayment has not received Buyout Payments in regard to either account referenced herein, and both accounts remain in Month-to-Month Rental statusThe current Buyout Amount for Account [redacted] is $6,The current Buyout Amount for Account [redacted] is $6,In an effort to amicably resolve this matter, TimePayment Corp.’s Associate Attorney, [redacted] , previously presented an offer to your attorney to settle both accounts for a combined total of $3,(an offer which you have rejected)Because TimePayment remains willing to amicably resolve this dispute, on April 30th we presented a new offer to your attorney and asked that he review it with youPlease contact your attorney at your earliest convenience and ask him to communicate your ultimate decision to [redacted] before the close of business on Friday, May 8,

TimePayment’s Legal Department has received your Revdex.com complaint and we have located and reviewed your file accordinglyOur findings and feedback are belowIn your complaint, you have indicated that you recently signed an Equipment Lease Agreement with TimePayment Corp., but feel as though the contract terms were misrepresented to youSpecifically, you have stated that TimePayment “did not disclose the full price of the equipment nor the percentage rate which [you would] be paying in the long run.” Further, you have claimed that you attempted to cancel the contract within two (2) hours of signingYou are requesting that the Lease Agreement be cancelled.On April 27, you signed a Non-Cancelable Commercial Equipment Lease Agreement for your business ( [redacted] D/B/A Johnson Lawn Care and More) with TimePayment Corpfor months, at a base monthly rate of $per month, plus applicable taxes, tax processing fee and Loss or Destruction Waiver fee (as disclosed on page 1, in Box “A”)Please be advised that TimePayment Corpacted solely as a finance lessor (as it is described under [redacted] **), extending credit to you in the form of a lease after receiving and approving your electronic credit applicationTimePayment Corpis an Equipment Leasing Company and does not charge interest (as implied by the term ‘percentage rate’ in your complaint)Our only role in this transaction was to purchase equipment of your choosing from the independent vendor to lease back to you for the previously agreed-upon monthly dollar amountAt the bottom of page one (1) of the Lease Agreement, you also signed a section titled “Delivery and Acceptance Confirmation”, which states: “By signing below, I agree that I have instructed Lessor to purchase the Equipment on my behalf immediatelyThe Equipment has been ordered, and either has been or will be delivered as I requestedI hereby waive the opportunity to reject the Equipment or revoke acceptance under [redacted] and unconditionally accept same, whether I am in possession of the Equipment or notI signed this Lease at the equipment vendor’s storefront locationI understand that upon signing this Lease and Delivery and Acceptance Confirmation, my obligations under the Lease are binding and irrevocableLease Payments will commence on the date set forth above, whether or not I am in possession of the Equipment.”Upon receipt of your signed Lease Agreement and Delivery and Acceptance Confirmation, TimePayment Corppurchased the equipment from [redacted] and commenced the contractOur records support your claim that you called our Customer Service Department after the vendor had been paid and requested to cancel the contractUnfortunately, because this is a Commercial Lease Agreement, there is no “Buyer’s Right to Cancel” period – the contract commenced immediately after the vendor was paid on April 27thBy signing the Non-Cancelable Commercial Equipment Lease Agreement as a Personal Guarantor (and on behalf of your business), you represented to TimePayment Corpthat you had thoroughly read and understood the terms of the contract that you had signedWe ask that you refer to the top, left corner of page one (1), which states in bold “This is Lease Agreement between TimePayment Corpand the LesseeLessee acknowledge that it is entering into this lease with TimePayment Corpand that TimePayment Corpis not in any way associated or affiliated with the Equipment Vendor, Dealer or ManufacturerThis is a legally binding contractIf the terms and conditions are not fully understood, legal advice should be sought before signing.”Additionally, please refer to the section titled “Agency Disclaimer” on page of the Lease Agreement, which states: “NEITHER SUPPLIER NOR ANY SALESPERSON IS AN AGENT OF LESSOR NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER THE TERMS OF THIS LEASETHEIR REPRESENTATIONS SHALL IN NO WAY AFFECT LESSEE OR LESSOR’S RIGHTS AND OBLIGATIONS AS HEREIN SET FORTH.”To address your claim that TimePayment Corpdid not properly disclose the terms of the contract to you, we ask that you refer to page one (1), box “A” (“Schedule of Payments”), which states: “BASE MONTHLY PAYMENT: $FOR MONTHS (PLUS TAXES AND TAX PROCESSING FEE, AND LOSS AND DESTRUCTION WAIVER IF APPLICABLE, AS DESCRIBED IN SECTIONS AND OF THIS LEASE AGREEMENT)FAIR MARKET VALUE: $540.75.” It is TimePayment’s position that all costs and fees associated with the Lease Agreement were properly and accurately disclosed to you prior to commencement of the contractIt is also our understanding that you have received and been using the equipment that is listed on the contractFor the reasons listed herein, this Lease Agreement remains legally valid and enforceableFor your convenience, I have attached a copy of the Lease Agreement referenced hereinTimePayment values our customers and we sincerely apologize that we cannot be of further assistance in this matterShould you have additional questions relating to billing or fees, please do not hesitate to contact our Customer Service Department at [redacted]

Revdex.com: I have reviewed the response submitted by the business and have determined that the response does satisfy my issues and/or concerns in reference to complaint # [redacted] I understand that by choosing to accept the business response that my complaint will be closed as resolved Also, I think it poor business practices that you have to go through the Revdex.com to get stuff resolved Regards, [redacted] ***

Revdex.com: I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted] Please add your rejection comments belowMy Lawyer told me that Time Payment never reply with a prove to have authorize t to collect ACH debits after both of my leases were expiredAlso my Lawyer told me that Time Payment position is that I have to pay dollars therefore my lawyer could not solve this issue because Time Payment refused to provide proof to him and to me in the pastTime Payment did not collaborate with my lawyer and with me in the past submitting information requestTime Payment has the legal responsibility to provide us with our request and they know that they cannot provide any ACH form signed on and 2011a new ACH authorization for new debits and to tell us if the did unauthorized ach debits, Time payment is giving the same answer that they gave to Revdex.com in the past when other customers had the same situationTime payment is given excuses now to Revdex.com and before to my lawyer and me,Time payment answer with information we did not ask and with information we already have, they did not answer directly about the refund I asked but they direct us to pay additionalMy lawyer told me that is nothing else to do without the collaboration of Time PaymentWhat I have to do?/ subpoena for documents my lawyer and me asked already and Time Payment refusedSaying that I have a lawyer and keep driving in circles is just an excuse when they know that that they told my lawyer that they want dollars and they did not answer our demandas (Once again the only thing Time Payment says is ...you signed this and this , we call you in the phone etcJust watching the interest and the depreciation of the equipment is cheaper to get a illegal Shark Loan that a legal lease with Time PaymentAs an small business I do not see any benefit dealing with Time Payment, interest are astronomical and after you paid the principal and interest of the loan you have to keep paying for ever, and when we claim with these unethical and no moral practices they refuse to provide you with information requestedBecause my lawyer felt in the conversation with Time Payment because could not be a negotiation is just Time Payment way or not deal, I request Time Payment proof of new ACH authorization and if they refused to provide it to issue a Check of $to my co and to close the accountLet me know if a letter from my Lawyer is need it to verify that my lawyer is in a position that nothing can be done in an amicable way Regards, [redacted]

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