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Report: #164103

Complaint Review: Genesis Commercial Capital - Irvine California

  • Submitted:
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  • Reported By: Houston Texas
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  • Genesis Commercial Capital 17551 Gillette Ave. Irvine, California U.S.A.

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In 2000, I took bids to finance my Broadcast video camera and other gear. I had great credit (tier 1) and had done my previous 3 deals with banks, so that was the way I was leaning, but a salesman from Genesis had been calling me for two years and I gave him a shot.

I told him that I had a bid from my bank and he had to beat it. I also told him I did not want to pay for the gear a second time at the end of the lease, and that I wanted a $1 dollar buyout at the end. He told me they couldn't do that, but they could write a letter that gave me the uncontested right to name the Fair Market Value at the end of the lease myself. They gave this letter.

I signed the lease agreement in April and paid first and last month ($3,641.12). The equipment was delivered in June and July and Genesis assessed an "interim rent" payment for August. . I made my first scheduled payments in September 2000.

In February of this year I contacted Erik to ask about lease end. I then sent a certified letter telling them I would end the lease after my scheduled payments and make my buyout per our contract and letter of agreement. They immediately told me I was too late and they were automatically renewing the lease for another year (about $22,000). I then laid out a full legal argument, point by point, as follows:

1. The contract does not state the buyout price, but your letter unequivocally gives me the power to determine that price. The FMV buyout price is $10.00.

2. Clause 14 of the contract states that if the buyout price is less than $101.00, I do not have to notify you of my intent to purchase the equipment at the end of the original lease.

3. There is room for reasonable confusion as to the starting and ending dates of the lease, since my original signing was on April 28, 2000, but Greg Lieke's responses are dated June 22, 2000 and July 10, 2000, and my notification letter from United Capitol is dated July 21, 2000. My reading is that the first month of the lease was August, 2000. That would be consistent with my first scheduled payment being September, 2000. That would mean my February 14, 2005 letter to you gave you five and a half months notice.

4. Nowhere in the contract or supporting documents does Genesis provide a clear delineation of the dates or provide a deadline for notification.

5. Genesis never contacted me to inform or remind me of these dates or to ask me if I intended to purchase the equipment at lease end.

6. The very existence of the letter giving me the power to name the buyout price is clear indication of my intent to buy the equipment at lease end, and clear indication of your knowledge of my intent.

I am going to continue to make my lease payments in a timely manner, as I have for nearly 5 years. I demand that you send me clear written notice of end of lease date, and on that date I will send $10.00 to purchase the equipment I have paid for. I expect Genesis to step up to the plate and play fair so that we may conclude our business arrangements as originally agreed.

Sincerely,
Jay

Genesis never responded to a single part of the letter. In fact, their only response has been a single sentence insistence that I owe them money. They did at one time say on the phone (they never put anything in writing) that they were backing off the automatic renewal charges because I had been so close, but that I still owed them the Fair Market Value on the equipment - about $8,000. I said no way (I'll be happy to provide you with copies of the letter they gave me in 2000 to get my business - plus the contract).

In May, despite the fact that I had not even completed my 58 scheduled payments to Manifest and GE Capitol (an ok company that inherited the United Capitol part of the lease), Genesis sent me an unexplained invoice for a JUNE 1 payment. This would have meant a DOUBLE payment in June, two full months before the end of the lease. On JUNE 2, I got a call from a guy named Hunter at Genesis, inquiring about my LATE PAYMENT. On JUNE 3, Genesis sent out a new invoice for a July payment plus LATE FEES FOR THE JUNE 1st payment.

Now these guys call me every day, sometimes 6 times a day, even though I have expressly told them several times to stop calling and put anything they have to say in writing.

I contend that I have paid these guys the nearly $110,000 plus dollars we agreed on 5 years ago. I paid every payment on time and sent them the FMV payment of $10 as allowed by the letter they gave me to get my business.

Jay
Houston, Texas
U.S.A.

This report was posted on Ripoff Report on 11/10/2005 04:08 PM and is a permanent record located here: https://www.ripoffreport.com/reports/genesis-commercial-capital/irvine-california-92614/genesis-commercial-capital-ripoff-fraudulent-automatic-lease-extension-fraudulent-fair-m-164103. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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#5 Consumer Comment

Please contact us

AUTHOR: Absolute - (United States)

POSTED: Wednesday, April 04, 2018

Our manufacturing company (WA State) has a big issue with the end of term of the Equipment Lease with Genesis Commercial Capital/Genesis Capital Leasing. Please contact to us ASAP if you have or had the same situation with them. Please contact us at protect business2018@gmail.com

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#4 Consumer Comment

Retraction of Comment

AUTHOR: Daniel - (USA)

POSTED: Wednesday, August 30, 2017

"Please be advised Genesis Commercial and I have subsequently resolved any and all outstanding issues to the mutual acceptance of everyone involved.  My accusations of Genesis Commercial Capital and my statements regarding its principals and their prior employment were incorrect.  I hereby retract my prior statements concerning Genesis Commercial Capital and/or its principals.  I would also like to request that my original posting/complaint be completely removed in its entirety.”

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#3 Consumer Comment

Genesis Capital / Multiple Consumer Complaints on Fraudulent Leasing Tactics

AUTHOR: Daniel - ()

POSTED: Friday, August 15, 2014

We have experience the exact (and worse) circumstances with this leasing company. See below.  If anyone has a information to provide, pelase contact me.  My counsel is seeking similar evidence of leasing fraud in order to counter sue and submit to the California District Attorneys office for criminal acitons.


I own Almighty Rentals in Georgetown Texas and can be easily contacted there.

 

Urethane International brought with them a company called Genesis Capital, who was their financial resource to lease the equipment.  Genesis vocalized a lease with a minimal buy option at the end of the lease.  The cost of ownership was higher through the lease, but as a newly formed business with limited capital and no credit, it seemed a viable though slightly more expensive option.

We dutifully paid on the lease to the end of the terms as we understood them, at which point we were contacted by Genesis.  Contrary to what was explicitly expressed to me in phone conversations with the company principle, Eric Sidenbotham, Genesis informed me that, because we had not expressly and  formally indicated our intent to culminate the lease, that it had ‘auto-renewed’ for an additional 2 years.  Furthermore, any default in the payments would accelerate the amount due and they would pursue legal recourse.

Several things happened at this point.  We sought the advice of our in house legal counsel, Josh Schroeder of Sneed, Vine & Perry.  It became apparent that this was modus operandi for this company to prey on business / persons by misrepresenting the terms of the lease, that had very specific language in the lease contract.  Our offers to settle were futile, and the Genesis resolved itself to continue sending monthly “invoices” and past due notices, as well as daily calls to my cell phone and the business phone.

A cursory search of revealed several significant details about the company:

1) At least two of the principals , Eric Sidebotham and Greg Rieke, were previously involved with Balboa Capital, a company which had eventually been sued by the California Attorney General’s  Office- Kamala Harris, for the similar issue, where they were “leasing” equipment to churches and then extorting extraneous leasing charges.
a. http://leasingnews.org/archives/Mar2011/3_02.htm
2) Later, those two same principals, created / formed Genesis Capital.
3) There are a multitude of small business owners that have experienced the exact same issue with the company.
a. At one time the BBB of California had an “F” rating for the company, based on multiple consumer accounts.  This rating has been ‘massaged’ out, not surprisingly.
b. There are still many accounts from business owners and individuals that explicitly state the same circumstances: a misrepresented lease, followed by an incredibly aggressive collections structured posture.
4) The Clerk of Courts for Orange County list Genesis Capital as the plantiff for hundreds of civil cases citing breach of contract.

 

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#2 Author of original report

Case Settled

AUTHOR: Jay - (U.S.A.)

POSTED: Monday, November 17, 2008

This case has been settled. I would like to take the report off but apparently cannot.

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#1 UPDATE Employee

Olivier Productions victimizes Genesis

AUTHOR: Hunter - (U.S.A.)

POSTED: Monday, May 22, 2006

Genesis Commercial Capital originated 2 equipment leases for this client/lessee in April 2000. Both leases were structured with end of term options allowing the lessee to purchase the equipment for the current Fair Market Value when the leases matured. At the time of lease commencements the lessee was concerned that we would not use local dealers/suppliers in our determination of the actual value of the equipment. The lessee wanted to be able to be involved in choosing the Fair Market Value by using their own dealer/supplier network so we allowed them to the opportunity to do so. The lease contract required that the lessee give advanced notification to Genesis of their intent to purchase the equipment. Per the lease contract we did not receive the advanced notification from the lessee. When we contacted the lessee to determine if they intended on purchasing the equipment or returning it they were non responsive and avoided our calls. When we finally reached the lessee they then offered diminimus/nominal purchase price of $10.00 to buy all of the equipment. They claimed that was the Fair Market Value of the equipment? We then shared with them some of the quotes we had received for the Fair Market Value and it was clear they were just offering a ridiculous price since they had possession of the equipment. The lessee also refused to return the equipment to us as well since we are the rightful owners of the equipment.

We felt like we needed to set the record straight with this client. It is unfortunate that they reported something like this to your agency when we are in reality the victim of very bad business!

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