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  1. #1
    Quote Originally Posted by abfunders View Post
    Agreed with Michael. Disclosing private communications? Seriously? If you're really serious about your "loss of business," speak to the management at the firm.
    If that doesn't go far enough, and it's a big enough loss, consult a lawyer. However, it might be difficult to prove that the deal was lost because of disclosure of just the emails, since they can claim it was because of your profit margin.
    The merchant would be willing to testify as to why he didn’t go through with the deal - the lender scared him off and he’s still scared that he has a previous position with them at this point. He noted erratic behavior from the lender specifically.
    -

    Francis D. Decelle
    President
    Terrapin Financial Services, Inc
    Mobile - 917.797.9710
    Office - 718.766.5408
    main@terrapinfunding.com
    www.terrapinfunding.com

  2. #2
    Senior Member Reputation points: 503040
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    Quote Originally Posted by fdecelle View Post
    The merchant would be willing to testify as to why he didn’t go through with the deal - the lender scared him off and he’s still scared that he has a previous position with them at this point. He noted erratic behavior from the lender specifically.
    What state is this funder in?

  3. #3
    Quote Originally Posted by WestCoastFunding View Post
    What state is this funder in?
    New York according to my attorney who has been doing a little research as of the last couple days to make sure I am protected - the lender has threatened to take legal action against me lol - the whole thing just doesn't make any sense at all - totally erratic behavior.
    -

    Francis D. Decelle
    President
    Terrapin Financial Services, Inc
    Mobile - 917.797.9710
    Office - 718.766.5408
    main@terrapinfunding.com
    www.terrapinfunding.com

  4. #4
    Senior Member Reputation points: 242074
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    Feb 2017
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    3,463

    I'm not an attorney, nor do I play one on TV, but my Talmud head makes me think that that won't fly very far. Jury won't like the 12 points you were getting, defense attorney might claim that the client is erratic and untrustworthy for being willing to accept a "loan" for a 1.499 factor rate (200% APR!) with 5% of fees. Maybe you are rebating him a portion, there's no way to know.

    Eye witnesses are the most unreliable sources of information.
    The burden of proof appears to be on your side to somehow prove that the lender was the only one at fault, and your fees weren't at fault. And your intentionally hiding them behind the "sell rate" wasn't at all coloring the client's decision-making process.

  5. #5
    Quote Originally Posted by abfunders View Post
    I'm not an attorney, nor do I play one on TV, but my Talmud head makes me think that that won't fly very far. Jury won't like the 12 points you were getting, defense attorney might claim that the client is erratic and untrustworthy for being willing to accept a "loan" for a 1.499 factor rate (200% APR!) with 5% of fees. Maybe you are rebating him a portion, there's no way to know.

    Eye witnesses are the most unreliable sources of information.
    The burden of proof appears to be on your side to somehow prove that the lender was the only one at fault, and your fees weren't at fault. And your intentionally hiding them behind the "sell rate" wasn't at all coloring the client's decision-making process.
    I'm not worried the client knowing how much money I made or would have made - he doesn't give a **** - he knows we all need to make a living. The reason the deal died had nothing to do with that - I just brought that up because I know that is out of the ordinary. But the fact that the lender was sending the merchant screenshots of email exchanges between him and I is totally wrong. I just want everyone to be careful here.
    -

    Francis D. Decelle
    President
    Terrapin Financial Services, Inc
    Mobile - 917.797.9710
    Office - 718.766.5408
    main@terrapinfunding.com
    www.terrapinfunding.com

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