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KCS Financial / Unauthorized billing

1 4035 Pelican DriveDiscovery Bay, CA, United States Review updated:
Contact information:
Phone: 925-516-5622

Our company was seeking a business line of credit against a ship, and they represented themselves as the 'approval' underwriter for several lenders. After some due diligence they sent us a letter of approval and requested their fees upfront - amounting to roughly $11, 250 - they also asked us to put out a press release that they had provided us financing - we declined.

Then the stall tactics ensued - many weeks of documents, repeated requests for documents they already had, etc. We asked for our money back, at which time they said they would 'attach liens against all personal and corporate assets' if we did not pay them an additional $40, 000 - and hired a collection firm to go after us.

Ma

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  • Co
      27th of Feb, 2009
    -1 Votes

    In response to THIS SILLINESS:
    Please call Jim Flemming at 1-716-310-5487 Abco Leasing. THIS COMPLAINT is wrong!
    Please contact the Broker of Record for the real story. He will confirm that all of this information that you are reading is really how it happened and this “childan” person does not have the correct information - Jim Flemming of Abco Leasing at 1-716-310-5487.

    Before I explain, I would like to mention two items about our ex-clients;
    1) We have taken this to our lawyers and they have brought in a collection agency. The agency gave these individuals time to respond/dispute our claim that they owe $48, 000 for the fee and THEY DID NOT RESPOND.
    2) We have begun the steps to file a lawsuit and found that we had two other suits filed in front of us (in December 2008); the legal team that was representing them filed their own suit for $132, 000 as well as another lawsuit also filed for over $700, 000.

    I would like to briefly explain everything that KCS did to assist in helping the principals obtain funding (STEP BY STEP),
    how we were deceived by the principals when our lending source needed clarification of expired documents,
    and then were finally told that our services were no longer needed because they had received funding from another source, even though the principals had signed an EXCLUSIVE BINDING CONTRACT.

    We were contracted by the principals to secure funds for them.
    We assembled the package and submitted it to the lender for review. The lender came back with several questions about the contracts that were in place. They also wanted clarification of the contract with the Dominican Government. The client REFUSED to release this document. The email that was sent read as follows:

    ----- Original Message -----
    From: Gregory J Kuczora, CPC
    To: Paul Enright
    Cc: Mike Woods
    Sent: Thursday, September 18, 2008 1:50 PM
    Subject: Re: lender response Marine Explorations

    Paul,
    I received a communications from the lender last evening and they want a little clarification from us on a couple of things.

    1. Has the insurance (which lapsed 9/17/08) been extended
    2. They informed us that even though the majority of both of your financial powers is this single entity which for the most part is illiquid. Therefore they are reducing the valuation to 50% of each since it would be devastating if we would have to sell those securities to pay for the loan.
    3. Both you and Rob will need to pledge your entire ownership in the company as collateral. (stock)
    Where is the stock located?
    4. They want me to obtain the copy of the D.R. contract and to speak to the contact in the D.R.
    (I will call the lender tonight to determine what I need to do-- ? get on a plane or meet with the D.R. person).
    5. We need to get a corresponding bank for the servicing of the loan. List of 3 banks locally you are not doing business with.
    6. Is charter agreement valid? Are they going to charter the boat? If so-need docs that they have deposited funds.
    7. In "Global Settlement Agreement" Please provide the following:
    a. fully executed contract (with Marine execution)
    b. Proof that Glebe Point have preformed all of the items listed in Item 1-A, B, C and D,
    2-A, B and C and 3-A, B, C and D

    lets talk about this since most of this seems relatively simple proof.
    I believe that I can be in Florida this weekend if I need to.


    Greg


    As you can see, the items were very specific and should have been addressed very quickly. We were told on numerous occasions that that were “working on it”. The principals had problems with the Dominican Contract and after several calls later, it was agreed that I would go to the lawyers office in Florida and the lawyer would read the contract to me and then translate it.
    Emails as follows:

    ----- Original Message -----
    From: Paul Enright
    To: 'Gregory J K
    Sent: Thursday, September 25, 2008 3:48 PM
    Subject: RE: Marine Exploration - Checklist

    FYI, the Dominican contract is in Spanish. Do you read Spanish?

    From: Gregory J K
    Sent: Thursday, September 25, 2008 3:04 PM
    To: Paul Enright
    Cc: Mike W; aBCO LEASING
    Subject: Re: Marine Exploration - Checklist

    Will do..
    I will call you in the am to discuss the exihibits

    ----- Original Message -----
    From: Robert Stevens
    To: 'Gregory J K
    Sent: Thursday, September 25, 2008 10:06 AM
    Subject: RE: travel

    Re: travel
    Thank you – very fair

    Re: items
    Cindy had a family issue this morning and was a couple hours late – I will follow up
    R

    From: Gregory J K
    Sent: Thursday, September 25, 2008 9:38 AM
    To: Robert Stevens; Cynthia Baca; aBCO LEASING; Mike W
    Cc: paul@techpartners.cc
    Subject: Re: travel

    So where are we with all the of requested followup docs?

    I am still working on my schedule and will have something in concrete by no later than tommorrow.

    Regarding the arranging of the flights and the hotels, I do not have any issue with how you pay for the flight as long as it meets our minimum requirements as set forth in the contract.

    Greg
    ----- Original Message -----
    From: Robert Stevens
    To: 'Gregory J K
    Cc: paul@techpartners.cc
    Sent: Thursday, September 25, 2008 9:49 AM
    Subject: travel

    Assuming we go forward with this we will set up your air and hotel directly – that way we can use points instead of cash for this –

    Once Paul is up and about we will discuss.

    R

    From: Gregory J K
    Sent: Wednesday, September 24, 2008 10:51 PM
    To: Cynthia Baca; Paul Enright; aBCO LEASING
    Cc: Mike W; Robert Stevens
    Subject: site visit URGENT
    Importance: High

    Gentlemen,
    I just got off the phone with the lender to get further clarification on the D.R. Contract that is under "lock and key" in Florida.

    They would like us to execute the site visit and personally read the document/JV contract immediately. So with that said we will prepare to go to Florida ASAP to read this document. I then must prepare a comprehensive evaluation/ underwriting report since we cannot gain release of the docs. I must also create a set of questions to the D.R. Contact and get those questions answered based on the information in the contract.

    Again, Paul, we spoke of this as an option when we began our discussions and I indicated that this was one of the possibilities that the lender could choose, I have attempted to save you guys as much money as possible and we have seen that it has cost us valuable time after Marine deciding to not speed up the process.

    Accordingly, We will required a wire of $8250.00 for a site visit wired immediately..
    Next; Round trip Business Class seats to Florida -- One originating from Chicago O'Hare (Me)
    and one from San Francisco- (Mike Woods VP-KCS)

    2 Hotel Junior Suites in local Marriott

    We will need 2 full days on the ground so I will be back to you later on tomorrow to finalize dates. I will work to clear the time we need on this ASAP

    They inquired to the progress on the information(which we still have none). "The urgency is there" is what I told them and assured them that the first part would be forthcoming in a matter of days.

    There is allot of panic out there AND WE MUST SHOW OUR FORTITUDE. (it WOULD ALSO BE NICE TO MEET THE dr PERSON AS LONG AS WE ARE THAT CLOSE (IF TIME WILL PERMIT). Now is not the time to waste.

    Greg

    Allot of conversation took place about this and we compromised to just having Greg go in order to assist financially.

    Jim Flemming spoke to the principal at least once a day along with Mike Woods and myself calling frequently over the next 3 weeks to get the lender requested information and set up the trip to view the Dominican Contract.
    This email then followed:

    ----- Original Message -----
    From:Gregory J K
    To: Gregory J K ; Paul Enright
    Cc: Mike W
    Sent: Tuesday, October 07, 2008 7:22 PM
    Subject: Re: lender response AGAIN Marine Explorations

    Gentlemen,
    Just funded a hard money deal (3 weeks-same lender that I wanted to use for you) and we are sitting on our hands for 23 days with no direction and no response to our requests. I will include it again so everyone knows what they are looking for.

    I wanted to meet with the lawyer on Saturday but time is burning out. I can still do it but it is getting tight.

    I am not seeing the commitment from Marine since NOTHING has come our way.

    I NEED PROVEN RESPONSE FROM EACH ONE OF THESE ITEMS.
    I NEED TO GO TO MIAMI (OR WHERE-EVER THE DOCUMENT IS)
    I NEED SITE FEE.
    I NEED COMMITMENT FROM PAUL AND ROB

    Jim is speaking with Paul 2 times a day and following up with a couple of emails as well.

    GUYS WE NEED REPONSE FROM YOU DELAYS WILL NOT WORK. WE DO NOT GET PAID UNLESS THIS CLOSES AND WE DISCOUNTED OUR FRONT FEES.

    PLEASE, LETS GET IT TOGETHER.

    GREG

    Our contract clearly states:
    This is Exclusive Agreement and Client may not engage with anyone …………………

    Our contract states that if you circumvent our contract, then you owe us our fee. These people owe us the fee and we intend to collect it. It was important though, that we showed that we did nothing wrong here and I challenge THIS PERSON to show themselves and stop hiding behind a blind blog. I have the proof that he/she does not have all of the evidence. (in court too!)

    Jim Flemming (Abco Leasing) was informed that they had secured the financing “behind our back” about a week after this last email. As you can see we went through the process with extreme caution, however, it got “stuck” when they did not respond to our request for the final information. We were put into a perpetual “holding pattern” and could not complete the funding.
    WE DID OUR JOB. The clients did not adhere to their part of the contract.

    We have enclosed these series of emails that clearly show that the principals were stringing us along while working behind our back with another lending source (which is a direct violation to our contract). The law firm that was representing them throughout this due diligence filed their own lawsuit in December for $132, 000. That was probably why there was no communication with them (too much money was owed).

    We continuously asked for confirmation of KEY pieces of information (which we never received)
    which undermined the credibility of our underwriting. The principals were being contacted every day (as our email shows) delaying our ability to get the deal funded. They mislead and misinformed us on a continuous basis and at the end of the day, caused a serious breach in the EXCLUSIVE contract, and ultimately created the delays which created no funding. The lending source wanted verification of items that were in the existing contract that had to be proved up since they expired in the contract. These items needed to be proved up due to the timing of the contract.

    To date we have spent time and money to protect our good name and to attempt to collect from these people. They don’t assault me in court where I can fight fair and prove that they owe me and my business associates real money. Instead they hide and they blog and hope “viral” campaigns will take over to tarnish us. Germs can be eradicated. I hope that I have shown that we are good honest and fair people and the people who wrote this are not.

  • Mr
      7th of May, 2009
    +2 Votes

    The complaint that was registered against KCS funding is a viable complaint. There have been other discoveries that KCS funding is another type of Ponzi scheme and have gone to individuals and promised them funding for all business endeavors promising amounts in the upwards of $500, 000 to millions of dollars and asking for "earnest" money up front in smaller amounts like $10, 000 to $20, 000. The catch is just as the complaint says that KCS keeps asking for documentation then very intelligently stalls and says to wait just one more week and then again, one more week. The truth is that they never fund, so if the guy in the complaint went behind their back and acquired a loan that was only because probably after waiting months and months, they had to do something. Mr. Gregory J Kuczora, the supposed CEO of this Ponzi scheme company states in the comment above that the contract signed by the complainant states that they could not circumvent the contract and if they do then KCS can seek their fee. What fee? Actually there are probably no investors--then KCS tries to scare you into thinking they will now come after you so the $10, 000 to $20, 000 you gave in earnest money is now their fee and thus since you canceled the contract they will now come after you. Thing is, they never do, KCS just walks away with trusting people's hard earned money. The emails back and forth in the comment above are easily generated and are probably templates set to dispute these type of complaints. I encourage you to remember these items before considering funding with KCS: 1.) After speaking with all major banks, none of these banks have ever heard of putting up earnest money in those amounts--think about it--have you ever gone to make a loan with a bank and had to give them money? 2.) If it sounds too good to be true, it probably is. 3.) Funding for these types of loans take usually no longer than 60 days not months and months or even years. Again, all of the above emails can easily be generated to make it look like the complainant was ludicrous. I encourage all of you who have been scammed by KCS funding to please contact your state's Attorney General's office as well as the Attorney General of the State of Illinois and file a complaint. Look for information soon regarding other complaints and a class action lawsuit to shut these guys down. In fact if you do a background check on some of the members of this company as posted on their website, you will be surprised of what you find.

  • Mr
      11th of May, 2009
    -2 Votes

    I have been working on and off with this firm and have done a couple deals with them over the last several years. Both deals required significant information from me. I complied with every step and WAS SUCCESSFUL BOTH TIMES. I have referred several people to these gentlemen and they too have done successful business with KCS. I do not know your business but IF THE FUNDING FAILED, it must have been due to you lack of required information.

    I am a selective reference for these boys and would not hesitate to use them again. It is a god awful shame that anyone can "BYPASS" lawful remedy and presume these boys guilty and try to destroy their business. These boys give their heart and soul in the job for us (the people making the loan). They are intelligent, and bright men, They DO WHAT THEY SAY THEY ARE GOING TO DO.

    I AM WRITING THIS AFTER GREG CALLED ME ABOUT THIS. HE SAID YOU CANCELLED THE DEAL 3 SEPARATE TIMES (consuming trmendous time) AND THEY LOST THE LENDER TWICE, AND HAD TO START OVER EACH TIME YOU RESTARTED. Finally, the seller backed out after your business dropped and had to requalify. He said he also gave you a credit so you can use it towards the costs when your business recovers and you are ready to expand.

    Walmart has 176 compliants, so you dont shop there?

  • No
      12th of May, 2009
    +2 Votes

    Mr Selective Reference, I mean Mr. Big:

    How much money of mine did you get to say those nice things?

    Mr. Broke (because of KCS)

  • Wa
      19th of Feb, 2010
    0 Votes

    Jim Fleming is another con artist and Abco leasing is a shell company---call the umber listed--it is no longer available! Upon search by intellus, it was registered to no one--in other words it was a payu as you go phone!!! This is a scam people!!!

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