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Report: #1390133

Complaint Review: Joe Novoseller - lakewood New Jersey

  • Submitted: Thu, August 03, 2017
  • Updated: Tue, October 02, 2018
  • Reported By: Joe N — lakewood New Jersey USA
  • Joe Novoseller
    555 Madison Ave
    lakewood , New Jersey
    USA

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This is a family owned business , Owned by the Novoseller family in Lakewood NJ. They take investor money to fund merchant cash advances. We gave them large sums for investment and have recevied less than 20 percent of it back. They are now not answering our calls or emails or giving us an explanation as to where our money went and why we havnt received it back. Please dont do business with this family. We have located three other individuals who have had the same experience . Be warned 

This report was posted on Ripoff Report on 08/03/2017 09:11 AM and is a permanent record located here: https://www.ripoffreport.com/reports/joe-novoseller/lakewood-new-jersey-08701/joe-novoseller-canary-business-funding-llc-jack-novoseller-josh-novosellernbspthis-is-1390133. 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:
3Author
2Consumer
1Employee/Owner

#1 REBUTTAL Owner of company

Rebuttal To The Allegations By The Tammy Tran Law Firm Attorneys At Law L.L.P

AUTHOR: Tammy Tran - (United States)

 

 

I.   My Recent Correspondence With Ed Mgedson, The Founder of The Founder Of Ripoffreport.com:

 

I thank you for your attention on this matter and my firm and I are very grateful. As a minority and woman who has worked in the men world, I have fought so hard for my reputation. I am particularly touched by your kind words:

 

 On Jul 29, 2018, at 10:04 PM, Ripoff Report <editor@ripoffreport.com> wrote:

 “Sure, write a rebuttal, I will be happy to look at it. No charge. I will try and help.

 Also.. I am thinking about something.. tell me this. Why did they include you in the rebuttal that you got involved?” 

 


On Jul 29, 2018, at 8:04 PM, Ripoff Report <editor@ripoffreport.com> wrote:

“Maybe we can do a review in the rebuttal that is positive. Like we would do with the main Review.” 

As such, I respectfully submit this Rebuttal:

 

 

II.   Background Information On The Relationships Of The Parties.   

 In 2016, Mr. Jack Novoseller of CANARY BUSINESS FUNDING LLC (“CBF”) solicited my Law Firm to offer his financing services. He mentioned to me that other professionals in his industry were referring to me as the “Gold Borrower” due to my excellent track record I have gained over the years with repaying loans. I accepted his offer and we did engage in several rounds of financing (via transactions called merchant cash advances). Throughout the year of 2016, I paid over 1 million in interests to CBF and their funding partner Quinn Funding whose portfolio was under CBF management.

(See Exhibit 1. Attached: Payment History)

  

 

III.   The Dispute Between CBF and Tammy Tran and My Law Firm Which Was Later Resolved Amicably. 

 In 2017, CBF and my Law Firm had a dispute over the remaining outstanding balance owed. As such, we entered into a litigation which was settled amicably on July 9, 2017. 

(See the New York Court Docket- Index No. 510826/2017 filed on June 1, 2017 and Index No. 806958/2017 filed on July 9, 2017 attached to this Rebuttal for your review and convenience as Exhibit 2 and Exhibit 3.)

 

IV.    After Resolution of the Dispute, The Tammy Tran Law Firm and myself, Tammy Tran, Got Caught in a Dispute Between CBF and their Unhappy Investor Mr. Carl Neger.

 Subsequently, a person named Carl Neger called me and identified himself as an investor of CBF. The individual informed me he was in a dispute with CBF and requested that I provide him all of the settlement documents between CBF and my Firm. I respectfully declined because the Confidentiality Settlement Agreement we signed included a “No Derogatory Statement Clause.”

Then, on August 23, 2017, at 10:57 a.m., Mr. Neger called me back again saying that my name and my law firm’s name were mentioned on a Ripoff Report supposedly filed by Mr. Novoseller and/or the Novosellers.

Thus, on August 23, 2017, 10:59 am, I sent the following email to CBF’ attorney Mr. Steven Berkovitch:

 

From: Tammy Tran <ttran@tt-lawfirm.com>

Date: Wed, August 23, 2017 10:59 am
To: steven@sblegalpc.com
Cc: Jonathon Warner <jdwarner@wslaw.nyc>, "jna@tt-lawfirm.com"
<jna@tt-lawfirm.com>, Karen Brooks <kbrooks@tt-lawfirm.com

 

Subject: URGENT; Please take the defamatory report down. I did refused to help him

 

 As stated, on August 23, 2017, I immediately contacted Mr. Jack Novoseller and CBF’s attorney – Mr. Steven Berkovitch (steven@sblegalpc.com). They said that they never filed any Ripoff Report. The reason is - the executed Confidential Settlement Agreement prohibited both parties to say any negative and/or derogatory comments against each other. They said they did not write the comments about me and The Tammy Tran Law Firm. They said that their enemy, Carl Neger, wrote and filed the Ripoff Report to create the conflicts between CBF and me. The telephone conferences were verbally made and some can be captured in writing as demonstrated below.  

 

(See Exhibit 4 - the email attached hereto for your convenience.)

 On Aug 23, 2017, 12:22 PM, "John J. Na" <jna@tt-lawfirm.com>  wrote:

Here's the report.

 

Best regards,

John J. Na

The Tammy Tran Law Firm,

(See Exhibit 5 - the email attached hereto for your convenience.)

 As shown below, Mr. Steven Berkovitch responded to the email of Mr. John Na, my attorney that: “It is likely he [Carl Neger] posted this himself.”

 

(See Exhibit 6- the email attached hereto for your convenience.)

 I then advised Mr. Carl Neger that CBF’s Attorney believed that Mr. Neger himself wrote and posted the report. At 3:59 pm on the same day, Mr. Neger replied:

Subject: Novoseller

From: Carl Neger <mrn@tudorcapitalgroup.com>
Date: Wed, August 23, 2017, 3:59 pm
To: Tammy Tran <
ttran@tt-lawfirm.com>

Tammy,

If you question at all about me anything just see what the Novosellers
and Canary wrote about me last week. They paid the owner of this blog
to post my picture and a fake story and then Novoseller sent in
comments and owner of the blog approved them.

They are trying to blackmail me into signing binding arbitration by
mediators instead of me suing them in court as I want to.

This should be further proof to you that I am a victim and now so are you

http://firstamendmentactivist.blogspot.com/2017/08/siruv-against-chaim-neger.html

They write that I am a rat and caused people to get arrested and in comments wrote about my wife and my kids and my family

-- 
Carl Neger
Tudor Capital Group LLC
545 East County Line Road
Lakewood NJ 08701
Office: 732 877 9600 ext 10
Email : 
MrN@TudorCapitalGroup.com

(See Exhibit 7-the email attached hereto for your convenience.)

 

VI.     Conclusion

 It is clear I have paid CBF (and the Novosellers) the remaining balance owed on my Merchant Cash Advances transactions and that our dispute was settled amicably. Unfortunately, although I have done nothing wrong to CBF nor their investor Carl Neger, I was caught in between their own dispute published on forums. This resulted in having my name mentioned in the online report filed.

 

VII.    Regarding the two lawsuits mentioned in the same Ripoff Report, I respectfully submit the following and unequivocally assert that I did nothing wrong and submit the rebuttal as set forth below. 

1.      John O’Quinn Estate Matter – CASE CLOSED

The Late Mr. O’Quinn ("Mr. O'Quinn") and Tammy Tran (collectively “I” or “Tran”) were longstanding friends (over 10 years) and were close business associates, prior to Mr. O’Quinn’s death in 2009. (See Exhibit 9 - the letter attached hereto written by Mr. O'quinn)

 ·     Mr. O’Quinn and I regularly associated with legal matters, as I had deep connections with the Vietnamese community in the United States, and regularly signed up product liability cases.

·     Like most plaintiff lawyers, Mr. O’Quinn and I operated for a long time without documented written agreements, and the typical arrangement entailed my signing up the cases, handling a certain aspect of the cases, and Mr. O’Quinn fronting case expenses along with assuming joint responsibility of the cases.

·     At one point, Mr. O’Quinn requested that I execute promissory notes to document the out of pocket case expenses that Mr. O’Quinn had expended on cases originated by my firm, but which Mr. O’Quinn assumed joint responsibility for (i.e. he was getting a significant portion of the fees). I complied with this request, under the representation that the promissory notes were only to document case cost advances for cases in which Mr. O’Quinn had an interest in and were not intended to be a personal obligation of my law firm. Mr. O’Quinn assured me that this would be the case.

·     Following the death of Mr. O’Quinn, a dispute ensued between the Estate of Mr. John O’Quinn and my firm.

·     However, Mr. O’Quinn’s Estate and my firm and I settled the dispute amicably in 2013. (See Exhibit 10- The Dismissal of the Lawsuit. You can go to Harris County and see that the case was dismissed)

  

2.     Mr. Anthony Buzbee Matter – CASE CLOSED

·     Through a mutual friend, Mr. Buzbee was introduced to me. Following a meeting they had in September 2010, Mr. Buzbee proposed to advance Tran Law Firm $1.25MM for a mass tort litigation. The agreement was memorialized in a single paragraph agreement that stated there was a 6% interest rate without a maturity date.

·     Subsequently, the parties had a dispute over - whether the fund was a true loan or whether the fund was for advanced expenses to serve over 500 joint clients.

·     The parties later amicably resolved the dispute and entered into a Confidentiality Settlement Agreement in 2015. (See Exhibit 11- The Dismissal of the Lawsuit. You can go to Harris County and see that the case was dismissed.)

 

Tammy Tran
The Tammy Tran Law Firm,

Attorneys at Law, LLP
2915 Fannin Street
Houston, Texas 77002
Tel: 713.655.0737
Fax: 713.655.0823
ttran@tt-lawfirm.com

http://www.tammytranlaw.com

 

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#2 Author of original report

NOT Gonna Fly ANON

AUTHOR: - ()

First off the picture is of Josh " Yehoshua" Novoseller who is at top of the chain of Canary Business Funding. Additonally there were zero investments done with Canary that were "paid back" . You are allowed to use investor money for MCA deals but not when your hidiing from them that your internally stacking your own deals and consolidating your current merchants with new investor money and then taking a large chunk of that investor money to pay off previosu unpaid deals done with current investors money that went to  the same merchant . 

Regarding documents and reviewing them. We ( I and at least three other investors that I am aware of ) were promised copies of contracts and correspondece with the merchants and to date Novoseller and Canary  business funding has not provided . They even structured a settlemnt with one merchant and they refuse to show us that contract as well and we have yet to see one penny and its been over four months . This does imply a lot .

As investors we shouldnt have to go to court in order for Novoseller to show us why we suffered north of 80 percent deaafult rates which is unprecendented in this risky business. 

Just everyone do your selves a huge favor and as we said before be very very carefull . 

 

 

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#3 Consumer Comment

This Report Has Been Confirmed As False

AUTHOR: Anonymous - (USA)

Without even commenting on the complaint itself, I have communicated closely with both sides and the following is confirmed by both sides.

          

1.    The accuser claims this report was not filed by him, but by someone he knows.
2.    The accuser says he cannot have it rescinded.
3.    The photos provided are not photos of the man accused. 
4.    The complaint says it was filed by the accused against himself, which is unlikely.
5.    No legal or rabbinic authority has tried or declared judgment on this matter.
6.    Losing money on any investment is normal & does not imply any criminal or ethical violation on the part of either side.
7.    It is the equal responsibility of both sides to inspect & sign documentation sufficiently clarifying each other's risks and liabilities, perhaps with the assistance of an attorney, before accepting or giving substantial money for any reason, so any problem can be settled in court. Not protecting yourself is your own fault.
8.    Using investor money for cash advances is not illegal.
9.    Both sides were fully aware of the nature of the investment & this was not the first such investment entered between these two parties.
10. Previous investment results between these parties were complete before the accuser chose to invest again.
11. To-date, the accused has not publicly posted any defamatory declarations. 

 

These are irrefutable facts that I'm submitting anonymously to leave out my own opinions & influence. Simply read the complaint completely, consider the facts you have and the ones you don't, then judge its validity for yourself.

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#4 Author of original report

Oh Please NOVOSELLER

AUTHOR: - ()

So , JOE and Novoseller family ( like Tammy Tran posted this herself)

You didnt know any of this information about Tammy Tran before you gave her millions of dollars of investor money ?!! All of the sudden you are internet geniuses and now your able to pull up these stories which happened and were posted online years before you even heard her name?

Im confused did you loan her the money or did you purchase her receivables?! Your story in your comment keeps on changing as your stories did to the multiple investors you ripped off . Cry me a river , Canarybusiness funding  netted over half million dollars in fees and commsions just on the Tammy Tran deals alone and you left your investors with massive losses . You didnt care then and you dont care now and dont try to throw Tammy under the bus and now blame everything on her being a scam artist . 

 

 

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#5 General Comment

Tamy Tran Law firm refuses to repay 2.5 Million loanLaw Firm and Estate of John M. O'Quinn Sue Houston Lawyer Over Alleged $1.5M Investment

AUTHOR: Tamy Tran Esq Strikes again - (USA)

The Tamy Tran law firm took loans totaling more than Two Millione dollars backed with personal gaurentees to Joe Novoseller and company. The loans have never been repayed and the Tamy Tran law firm is attempting to renegotiate the loans with a false law suit designed to delay payment while costing hundreds of thousands of dollars in legal fees. 

This is not the first time Tamy Tran law firm has used this tactic to steal millions of dollars from others. 

Law Firm and Estate of John M. O'Quinn Sue Houston Lawyer Over Alleged $1.5M Investment

abajournal.com/news/article/law_firm_and_estate_of_john_m._oquinn_sue_houston_lawyer_over_alleged/

 

Houston Trial Atty Sues Colleague Over Unpaid $1M Loan

law360.com/articles/549063/houston-trial-atty-sues-colleague-over-unpaid-1m-loan

 

Now Tamy Tran Law firm has topped all her previous dollar amounts by personally guarenteeing repayment of over 2.5 Million dolaars and then filing a law suit stragecially designed to delay the repayment of the loan and renegotiate the loan terms under the threat of negative business publicity and legal fees that will certainly be in the hundreds of thousands of dollars and take years to resolve. 

Tamy Tran is a attorney who knows exactly how to take what does not belong to her and this is her profession, she is a attorney and agreed to the terms of the loan and personally signed the loan/investment partner agreeement on the cases placed for collateral, she purposely filed a many false statements that is damaging to a person's reputation and business only after she refused to live up to the business agreement of selling the contingency cases put up as collateral that Joe Nooseller purchased as a business investment.

After the cases were won in court and the large contingency fees checks came and were cashed (these were purchased by Jo Novoseller) that is when the law suit was filed by Tamy Tran in a effort to not keep the agreement.

Law suit contingencies are largely known to be very profitable, Tamy Tran is involved in the BP petroleaum law suit that occurred in April 2010 , in the Gulf of Mexico, more than 50 miles southeast of Venice on Louisiana's tip, on BP's Deepwater Horizon offshore oil rig. Deep-water drilling is the catastrophic BP PLC well blowout that killed 11 workers and caused the nation's largest offshore oil spill five years ago off the coast of Louisiana.  

These cases are potentially worth Billions of dollars in damages, Mr. Novoseller loaned Tamy Tran over 2.5 Million dollars as a investment in order for Tamy Tran to litigate and recover damages on behalf of clients that we efected in the oil spill and other matters being litigated. 

Tamy Tran refuses to honor the loan agreement and is persoanlly responsible for the loans and now has launched a public smear campagne against a honorable, honest hard working business capitol company designed to negate her obligations under the terms of the loan. 

This is a popular strategy utilised in the legal community knowns as publicly destroy and the reputation of the advesary in order to bring them to their "knees" and "settle" the loan amounts for pennys on the dollar. 

This is not the first time Tamy Tran has defaulted on large loans of this amount, she is currently involved in two other multi Million dollar law suits where she has taken money and not repayed themoney totaling $2.4 Million not including the newest unrepaid loan of almosdt $2.5 Million to Mr. Novoseller's business loan company. 

Mr. Novoseller has now become a victim to the Terrorist tactics of Tamy Tran and will respond to Tamy Trane's false trumped up charges in a court of law.

Please do not loan any money to Tamy Tran as she has a long history of taking loans and not repaying them and them creating false accusations in a effort to not repay, this law suit she hasbegun is because the loans are personally guarenteed by Tamy and will in the end be paid in full with additional attorney fees and damages that will be awarded and levied aginst Tamy Tran with the Houston Sheriff's department.  

 

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#6 Author of original report

JOSH NOVOSELLER

AUTHOR: - ()

Let it be known  that ZISHA NOVOSELLER is a good guy and is legit . He is related but is an honest and good man 

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