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Matco Financial Crisis

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Small business loans may be Wall Street’s new cesspool.

A suit filed yesterday in New Jersey federal court alleges that TD Bank and franchise distributor Matco Tools were complicit in underwriting hundreds of fraudulent small business loans over a four-year period dating back to 2003.

In their suit, David Villano III and his father, David Villano, Jr., claim that Matco, a subsidiary of publicly traded Danaher Corp., and TD Bank established a scheme to dupe “unsophisticated borrowers” into signing loans that were destined to fail.

The suit alleges that Matco doled out inflated annual performance projections to Cherry Hill, N.J.-based lender Commerce Bank, which was acquired by TD four years ago, in order to get a Small Business Administration loan approved.
Matco Tools franchisees allege they were victims of a financial fraud involving the company, a unit of Danaher Corp, and its lender, Commerce Bank.
Alamy
Matco Tools franchisees allege they were victims of a financial fraud involving the company, a unit of Danaher Corp, and its lender, Commerce Bank.

“Matco’s upper management . . . devised a scheme to secretly make income projections to TD and other SBA lenders that would only be disclosed to the SBA lender,” in order to satisfy the bank’s lending criteria, the suit alleges.

Matco established the system to grow its franchise business, and Commerce Bank officials rubber-stamped the SBA loans because it allowed the bank to collect interest on the doomed debt until it eventually imploded, the suit claims.

The bank turned a blind eye to the inflated projections, according to the suit, because SBA loans are guaranteed by the government with as much as 90 percent of the losses covered.

Loans to Matco franchisees had an unusually high default rate of 37 percent at the time that one of the plaintiffs’ loans was underwritten in 2004, according to the suit.

“It’s unfortunate that SBA loans, which are designed to assist aspiring entrepreneurs and benefit the economy generally, could be used for such deceitful purposes,” said Jerry Marks, an attorney at Marks & Klein representing the Villanos.

A spokeswoman for TD declined to comment, and a Danaher representative could not be reached.

[email protected]

Read more: http://www.nypost.com/p/news/business/td_bank_tool_case_LFdZzYpQKpxieyeMSf6OMP#ixzz1Y1gCiHhf
 
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xwarp

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matcotruck.jpg
 

85camaro

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Not surprised. The accusations against not only Matco but all of the mobile tool distributors have been well documented through the years.

With so many options available through internet sales and a high default rate of franchisees, I'm not sure if franchised mobile tool sales is sustainable for the long term or not.
 

pipsters

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This should be a government lawsuit as well. What the bank and Matco were doing was defrauding the government (and by default US taxpayers). The government guaranteed the loans, the bank collected the interest until the loan went bad, then recouped their principal loss from the government. Great business idea and if true the execs should be on their way to prison. Hopefully the US Attorney General is looking at this.
 

FergusonTO35

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NJ Handy guy, if you do you'll just be going from one tool company facing franchisee lawsuits to another. Snap-On has been dealing with this as long as I can remember. I'm actually surprised that the default rate was only 37% and I've always wondered how eager tool companies would be to hand out franchises to anybody with a pulse if they were on the hook for unpaid SBA loans. All of them do it, I've seen utterly clueless new drivers who quickly run their franchises into the ground from all the mobile tool companies. I think they would benefit from starting new drivers out as company salesmen, easing them into the franchise gradually.
 

NJHandyGuy

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hmm while i see your point the flip side is my snappy guy has been aro9und a long long long time

i am looking at this mor from a point of will my investment be there if matco goes under
 

pipsters

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Matco isn't going bankrupt. Danaher, their parent company, made half a BILLION dollars last quarter.
 

Timex

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HUH does this mean i should trade my matco cart in for a snappy NOW
No way! Matco always did make great boxes. I have a 6S triple bay and the MSC11 cart. Love them. But you can thank the hard American workers who built them for that, not the disgusting fat cats up top that are killing the company. Sigh
 

chadster1

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I wonder what the default rate for all SBA backed loans were during the period mentioned in the suit, not just Matco loans.

Jerry Marks has made a good living suing the tool companies.
 

chadster1

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NJ Handy guy, if you do you'll just be going from one tool company facing franchisee lawsuits to another. Snap-On has been dealing with this as long as I can remember. I'm actually surprised that the default rate was only 37% and I've always wondered how eager tool companies would be to hand out franchises to anybody with a pulse if they were on the hook for unpaid SBA loans. All of them do it, I've seen utterly clueless new drivers who quickly run their franchises into the ground from all the mobile tool companies. I think they would benefit from starting new drivers out as company salesmen, easing them into the franchise gradually.

Snap-on franchise loans are not backed by the SBA. They are financed in whole by Snap-on Credit.
 

FergusonTO35

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Chadster, sorry, wasn't trying to spread false information. What I meant was Snap-On also has faced alot of lawsuits related to defunct franchises, not necessarily SBA. I neglected to make that distinction.
 

chadster1

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Chadster, sorry, wasn't trying to spread false information. What I meant was Snap-On also has faced alot of lawsuits related to defunct franchises, not necessarily SBA. I neglected to make that distinction.

No problem.

BTW, Snap-on does have a couple of programs that ease new dealers into the franchise system. They have had these programs in place in one form or another for as long as I have been a dealer.

If you look at just about any franchise system you will find litigation. Not just tool companies.
 
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Wakefield

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I wonder what the default rate for all SBA backed loans were during the period mentioned in the suit, not just Matco loans.

Jerry Marks has made a good living suing the tool companies.

Some lawyers live to sue. I remember about a lady who spilled hot coffee on herself at McDonald's. Or was it someone who blamed McDonald's for making them fat?
 

Toolhorder

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Does this mean I don't have to make my Matco Credit payment this month?

Oh and only 12 posts until this thread became a Matco vs. Snappy thread. Good job!
 

Toolhorder

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Of course not. If someone calls you about it, just tell them that I said it was ok. :lol_hitti

Nah I like my good credit score. Only $800 to go and they can pound sand.

You want to hear something really messed up? Back in like 1998 I was just starting out and got a KRA lower and upper toolbox from a great Snap-on dealer and I paid the bill faithfully (most weeks) for almost 3 years. I got into a dispute with a crummy dealer later at another shop over that impact with the little muffler valve on the front and refused to pay my Credit account until they refunded me or gave me a new gun (guy sold me the gun it was leaking air from muffler valve within 1 week and he wanted to send it out for repairs for 2 weeks and leave me without a gun)
Anyway that caused me to be late a couple payments. Fast forward to the end. I think I owed maybe $600 on the account until I was done and owned it. I had been laid off a job and 3-4 weeks passed before I landed another one. The Snappy dealer ran my name at the new job and I told him I was late 3-4 weeks. He said no problem and said he'll look into it. Next day the guy shows back up with the district manager and a couple of muscle goons and starting grabbing the box while I'm working in my stall. I asked them to step outside to the truck and we can work it out and they gave me all kinds of attitude. We finally get them to go outside and talk and the manager says I'm 6 weeks behind because of the couple weeks earlier in the loan. I tell him when I get my first check I'll make good on the whole account but I'm at work and can't be hassled right now or I'll have no job to pay him.
I'm not saying I'm not at fault but the way they went about it was pretty crappy. He said nope we're taking the box and everything inside right now and proceeded to walk back into the shop to get it. I told him the tools inside aren't financed give me 15 minutes so I can take them out. NO! he yells at me. I'm like WTF? He tells me he can take them all by law and sell them to pay my debt. I tell him I owe $600 the box is more than enough to cover it. He tells me he's still talking everything.
This was the same A-hole manager that was mad from a couple years prior over that impact gun so I suspect this is why I'm getting **** from him.
I tell him no effing way he's taking the contents of the box.
About this time his muscle guys are trying to block my way and getting fisty. I tell the guy I'm calling the law and they'll decide. The manager of the dealer comes out and tells him to get the hell out of the shop and work it out with me after hours.
He comes back the next day and I took the box home. I waited 3 weeks until I got my first check and paid the box off (or so I thought) About 5 yrs. later I'm buying my first house and my credit report shows a charge off from Snap-on Credit. WTF? The amount was for exactly $3
I call and they tell me it's a mistake and the day I paid the interest compounded or some BS. She promises to take it off. Okay 3 yrs. later still on my credit. I call Snap-on and they tell me I never finished paying them and I'm screwed basically. I found out later the original credit people are no longer with Snappy and they have a different system or company now so they're just going off false info the second time. Whatever I dispute it and 10 yrs. finally goes by and it falls off. That was a couple years ago at least. My credit score now is like almost 800 and I tried to buy a Verdict last fall and Snap-on rejects me for a new credit account purchase. My dealer said because I had a previous charge off. I tell him the story and he calls them back and they confirmed it was for $3 and told him he could do it if he takes all the risk or whatever. I can't believe Snap on credit is still bent about a $3 charge off that was their fault over 10 yrs. ago.
Unbelievable.

When Matco ran my credit he came into the shop and said Matco told him to sell me whatever I want off his truck I think my limit is like 18K.
 

bluebolt

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Some lawyers live to sue. I remember about a lady who spilled hot coffee on herself at McDonald's. Or was it someone who blamed McDonald's for making them fat?


Actually if you do some basic Googling the lady who spilled her coffee apaprently did NOT have a frivulous lawsuit, basically the coffee was too hot at 190 degrees which causes third degree scalding burns in seconds. The high temperture was written McDonalds policy at the time. Other scalding injuries at McDonalds had been ignored. Callousness by McDonalds contributed to the punitive damages. They now serve coffee at around 158 degrees.
 

robertwhite

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Snap-on franchise loans are not backed by the SBA. They are financed in whole by Snap-on Credit.

I would have to see proof of that Chadster. It is very hard for me to believe that Snap On Corp. is able to eat countless thousands of dollars in defaulted loans every year and still be in business. They have to have some kind of financial backing.

As a dealer, what is your average customer loan default per year, if you know?

I don't know about know, but way back when, new techs moved around as much as they changed their underwear. I would imagine that they still do and most young kids could give 2 craps about their credit rating.
 

Toolhorder

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Actually if you do some basic Googling the lady who spilled her coffee apaprently did NOT have a frivulous lawsuit, basically the coffee was too hot at 190 degrees which causes third degree scalding burns in seconds. The high temperture was written McDonalds policy at the time. Other scalding injuries at McDonalds had been ignored. Callousness by McDonalds contributed to the punitive damages. They now serve coffee at around 158 degrees.

I like hot coffee and with my thick mechanic skin I doubt the new temp. could burn me:shocking::thumbup:
 

suss427

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Actually if you do some basic Googling the lady who spilled her coffee apaprently did NOT have a frivulous lawsuit, basically the coffee was too hot at 190 degrees which causes third degree scalding burns in seconds. The high temperture was written McDonalds policy at the time. Other scalding injuries at McDonalds had been ignored. Callousness by McDonalds contributed to the punitive damages. They now serve coffee at around 158 degrees.

This is true, and the reason the coffee was at 190 was to spread the coffee aroma throughout the store so people would buy more coffee. The punitive damages which were millions, was the amount of profit Mcdonalds made on coffee sales in ONE day.

Not so frivolous in my opinion, that is close to boiling temp!
 

Dickey

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Some lawyers live to sue. I remember about a lady who spilled hot coffee on herself at McDonald's. Or was it someone who blamed McDonald's for making them fat?

For what it's worth, McDonalds was not sued because some lady who spilled hot coffee on herself. They were sued because they brew/keep their coffee at a much higher temperature than is considered safe for human consumption and that is not practiced at any other coffee establishment. They brewed it this way because they could get a little more coffee out of the grounds. The lady in question suffered 2nd and 3rd degree burns and had to be admitted to a hospital.

http://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants


edit - and then I got to the next page where bluebolt already covered this, sorry for the extra post on old news
 

bluebolt

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I would have to see proof of that Chadster. It is very hard for me to believe that Snap On Corp. is able to eat countless thousands of dollars in defaulted loans every year and still be in business. They have to have some kind of financial backing.

As a dealer, what is your average customer loan default per year, if you know?

I don't know about know, but way back when, new techs moved around as much as they changed their underwear. I would imagine that they still do and most young kids could give 2 craps about their credit rating.

He was talking about franchise loans IE the truck drivers, not customers. Big difference.
 

chadster1

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I would have to see proof of that Chadster. It is very hard for me to believe that Snap On Corp. is able to eat countless thousands of dollars in defaulted loans every year and still be in business. They have to have some kind of financial backing.

As a dealer, what is your average customer loan default per year, if you know?

I don't know about know, but way back when, new techs moved around as much as they changed their underwear. I would imagine that they still do and most young kids could give 2 craps about their credit rating.

You are asking about two types of financing, end user financing and franchise financing.

For the franchise financing, I know that my loan was not backed by the SBA. I was financed completely by Snap-on Credit. I did not fill out any paperwork regarding the SBA. I know for an SBA loan, there are a LOT of documents that have to be submitted, business plan etc. Keep in mind, franchise loans are collaterlized by the customer accounts and inventory so there is rarely if ever a total loss on a franchise loan.

As for the end user financing, I would guess that the default rate is less than 5% but I have no data to back that up. You can just take that as an informed guess.

Snap-on credit is now a wholly owned subsidary of Snap-on Inc. Up until about 2008, Snap-on credit was a 50-50 venture with CIT financial. When CIT was having financial issues during the peak of the financial crisis, Snap-on bought out CIT's share of Snap-on Credit for $800 million. The last I looked, Snap-on had a market capitalization of 3.2 billion.
 

bgott

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I would have to see proof of that Chadster. It is very hard for me to believe that Snap On Corp. is able to eat countless thousands of dollars in defaulted loans every year and still be in business. They have to have some kind of financial backing.

That's why they have stupid high interest rates on their financing. That's probably why the prices on their truck tools are high, too, compared to their industrial prices.
 

cundifc

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Just out of curiousity how many weeks do you have to be behind before they come looking for a box or scanner?
 

Dolsontools

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For the franchise financing, I know that my loan was not backed by the SBA. I was financed completely by Snap-on Credit. I did not fill out any paperwork regarding the SBA. I know for an SBA loan, there are a LOT of documents that have to be submitted, business plan etc. Keep in mind, franchise loans are collaterlized by the customer accounts and inventory so there is rarely if ever a total loss on a franchise loan.


I'm pretty sure that most Matco loans aren't SBA backed either. I know I never had to do any SBA paperwork or file a business plan when I started my franchise. nor was SBA ever mentioned during the process.
 
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