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  1. #1

    * HostCharge lawsuit, time is running out ...

    We've only had an account with HostCharge for a short time, due to our merchant account not yet being ready and wanting to move away from PaySystems. Currently, they owe us almost $30,000 (a few dollars less), since November.

    While $30,000 isn't a whole world, it is still quite an amount of cash and we've been trying to resolve this since November peacefully, however keep getting excuses that the wire transfer has been sent, 2 weeks later is has been sent again and then another 4 weeks later, we get told that their merchant bank is not releasing the money and now there is still nothing on our account.

    We have contacted their merchant bank and so far, according to them, they have not been able to find any trace that HostCharge has made this wire transfer request to our account.

    Since Trevor MacGill, the owner of HostCharge, is a former employee of MCHost, we do have all the true contact information, which is not the address in London listed in the HostCharge whois, but the true address in Eastern Canada.

    If you are being owed money (whether $50 or $5000) by HostCharge, please email me at marc@mchost.com so that we can include your details in our lawsuit which will be prepared tomorrow and you will most probably get your money. Additionally, we are discussing this with RCMP (Royal Canadian Mounted Police) officials for possible fraud.

    Thanks.
    Marc Wyss - marc@mchost.com
    MCHost Inc - Experts in Private Label Reseller Plans
    http://www.mchost.com
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  2. #2
    Your dogma was ran over by your kharma.
    dotGig
    <:<: [Fruit eating linux administrator]
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  3. #3
    Join Date
    Jan 2001
    Location
    Illinois, USA
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    7,175
    Out of curiosity, are you naming HostCharge, or Trevor in the lawsuit?

    Also, if you are filing in US Court, what's the basis of jurisdiction? Not saying there isn't any - i just can't think of how it would play in the courts...
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  4. #4
    We'll be naming HostCharge, most probably. However, HostCharge is owned by Trevor MacGill who is located in Canada. This is going to a Canadian court.
    Marc Wyss - marc@mchost.com
    MCHost Inc - Experts in Private Label Reseller Plans
    http://www.mchost.com
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  5. #5
    Join Date
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    Originally posted by akash
    Out of curiosity, are you naming HostCharge, or Trevor in the lawsuit?

    Also, if you are filing in US Court, what's the basis of jurisdiction? Not saying there isn't any - i just can't think of how it would play in the courts...
    MC Host is Canadian. Makes it easy.
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  6. #6
    Marc,
    What is the mailing address for McHost?
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  7. #7
    Join Date
    Jan 2001
    Location
    Illinois, USA
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    MC Host is Canadian. Makes it easy.
    That i didn't know, thanks .

    So if any US clients wanted to join in on the suit, would that be possible in Canadian courts?
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  8. #8
    Originally posted by UmBillyCord
    MC Host is Canadian. Makes it easy.
    We're actually incorporated in 4 different countries, including Canada and the US. We've had international lawsuits before, including in countries as far as Pakistan (trademark issues), so there's no problem.

    I have already received information from 6 people who HostCharge owes money too, which i'm sure will make court decisions easier.
    Marc Wyss - marc@mchost.com
    MCHost Inc - Experts in Private Label Reseller Plans
    http://www.mchost.com
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  9. #9
    I have to ask. What is the purpose of suing them if the bank won't release the money? Even if you win you will still have to wait for bank to release the money plus you'll be out lawyer fees.
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  10. #10
    Join Date
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    I'm not sure how canadian courts work, but if i were to name HC in a US lawsuit, I could name HC plus the owners themselves which would make any of their US assets liable to liquidation..

    I'm assuming Marc's goal is the same...
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  11. #11
    Join Date
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    Originally posted by akash
    I'm not sure how canadian courts work, but if i were to name HC in a US lawsuit, I could name HC plus the owners themselves which would make any of their US assets liable to liquidation..

    I'm assuming Marc's goal is the same...
    Not if it is a Corp. or LLC (which it is - Acenet Corp). . You would have to spend cash trying to Pierce the Corporate Veil.
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  12. #12
    ubc,

    in this case you usually claim negligence/willful mismanagement on the part of exec officers of the corp and go after their insurance money (if present) and their assets (in absence of the former).

    contrary to popular belief, asset protection is meant to protect those who invested in a business that failed, not those who incoproprated in order to commit fraud and obtain a get out of jail free ticket.

    paul
    * Rusko Enterprises LLC - Upgrade to 100% uptime today!
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  13. #13
    Join Date
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    What about negligence on the part of the owners/directors/managers? Couldn't that be used as just cause to hold them liable? Of course you'd have to prove them to be negligent...

    edit: i type slow with one hand (i had lipton in the other , paul hit it before i did )
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  14. #14
    Join Date
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    Stony Plain, AB
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    hey i live in london ontario canada... if that helps lol
    Tired of jumping web hosting providers? Tired of OVERSELLING? Tired of Poor service/quality?
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  15. #15
    Join Date
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    Omaha
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    Im going to start watching cops

    bad boys bad boys watcha gonna do watcha gonna do when they come for you

    However I think Ashar is the crook behind hostcharge and Trevor is not entirely to blame.

    Ashar is the one who should be brought back to the us and taken through our courts system He is truly a crook
    Sometimes life seems like a dream, especially when I look down and see that I forgot to put on my pants
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  16. #16
    Join Date
    Mar 2002
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    If the bank is not releasing the money, then a law suit against host charge will not do you any good. What you have to do is fill in a lawsuit with hostcharge against the bank.

    If host charge has the money and not actually releasing it to you guys then he'll probably end up filling a Bankruptcy and it still wont be any good for you guys.

    Marc, with MChost's income which you state is pretty high why didnt you get a Merchant Account as for the difference in commision fees alone would pay for a full-time billing staff. Not considering all other factors.
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  17. #17
    Originally posted by Sina
    Marc, with MChost's income which you state is pretty high why didnt you get a Merchant Account as for the difference in commision fees alone would pay for a full-time billing staff. Not considering all other factors.
    He stated a few things about time to get a mercahnt account in his original post, and im assuming he simply wanted to make sure he had the RIGHT merchant account, to avoid things like this.
    Cooper.
    FlamesBurn.com
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  18. #18
    I believe Marc said in the 1st post he was using HostCharge temporarily till his Merchant Account got set up.
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  19. #19
    Join Date
    Nov 2000
    Location
    Boise, ID
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    Originally posted by Sina
    If the bank is not releasing the money, then a law suit against host charge will not do you any good. What you have to do is fill in a lawsuit with hostcharge against the bank.

    If host charge has the money and not actually releasing it to you guys then he'll probably end up filling a Bankruptcy and it still wont be any good for you guys.

    Marc, with MChost's income which you state is pretty high why didnt you get a Merchant Account as for the difference in commision fees alone would pay for a full-time billing staff. Not considering all other factors.
    A lawsuit against Trevor that proves negligence will allow for all his assets to be seized, the bank isn't the only source of funds.

    Hostcharge should have taken suit against the bank long ago, they chose not to probably to save money...that was their choice and there are consequences for that.

    Maybe you forgot to read the post?! Marc said he used Hostcharge for a short amount of time while they transitioned from PaySystems to his merchant account.
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  20. #20
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    It's one for the legal eagles to chase. I take it that they owe mchost 30k Canadian $$$$? Let's hope that all those who are owed $$$ by hostcharge, get paid.
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  21. #21
    HostCharge bills in USD so it prolly more like $45K CAD.
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  22. #22
    Join Date
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    Originally posted by brandonk
    Maybe you forgot to read the post?! Marc said he used Hostcharge for a short amount of time while they transitioned from PaySystems to his merchant account.

    I assume you didnt read my post, Im not talking about right now, I read mark stating to bring in $$$$ more than 6 months ago and getting a merchant account doesnt take a couple of months as a proper and well known one can be setup within 48 hours.

    Thank You
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  23. #23
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    Originally posted by rusko
    ubc,

    in this case you usually claim negligence/willful mismanagement on the part of exec officers of the corp and go after their insurance money (if present) and their assets (in absence of the former).

    contrary to popular belief, asset protection is meant to protect those who invested in a business that failed, not those who incoproprated in order to commit fraud and obtain a get out of jail free ticket.

    paul
    This is all true. As I stated, you are trying to Pierce the Corporate Veil when you take this approach. Courts in the US, are pretty good at protecting business owners personal assests. If books are clean and gross negligence couldn't be proved, it would be an uphill battle. This is what I have seen anyway. But most cases I have seen were BS anyway, just someone trying to make a buck.
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  24. #24
    Originally posted by Aussie Bob
    It's one for the legal eagles to chase. I take it that they owe mchost 30k Canadian $$$$? Let's hope that all those who are owed $$$ by hostcharge, get paid.
    US funds.
    Marc Wyss - marc@mchost.com
    MCHost Inc - Experts in Private Label Reseller Plans
    http://www.mchost.com
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  25. #25
    Join Date
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    Originally posted by MCHost-Marc
    US funds.
    Ouch.
    Last edited by Aussie Bob; 03-04-2003 at 02:36 AM.
    WLVPN.com NetProtect owned White Label VPN provider
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