# Xchange Leasing has been dissolved!



## Juju Bay Area (May 10, 2019)

I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.

If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.

At the same time I have a host of grievances with Uber and am seeking an attorney for arbitration. I wanted to include the issues regarding the vehicle in the arbitration.

I am not sure how or why the light came on but I googled Xchange Leasing. They NO LONGER EXIST. It was desolved in 2018, I have attached a screen shot. They sold the company to Fair. Fair now holds our contracts though we have no contract with them. I looked up my agreement with Uber regarding automatic deductions. The contract says that Uber can use a third-party to collect funds. They disguised Fair as the third party never disclosing that Fair on owns our contracts. We cannot have a contract with a company that does not exist, and have never entered a contract with Fair. I have been infuriated since I learned this. Uber was not forthright with us regarding why we had to deal with Fair. They presented Fair as simply a collection agency. Also and looking at the Xchange leasing contract, the legal remedy is arbitration. With Xchange leasing no longer existing arbitration is a non-issue. We may have the right to sue Fair (potentially a class action) and potentially renegotiate our contracts. I am proceeding cautiously and seeking legal counsel. I will share what I find on this form. I have reached out to the attorney that handled the Uber class action (which was sent to arbitration) asking for her counsel and to arbitrate my issues with Uber. I have set up an email account to manage questions and share information in a more secure way. The address is [email protected]. Share this information with other lease holders. Feel free to reach out. I am angry, frustrated and tired but we have to fight for everything we get.


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## peteyvavs (Nov 18, 2015)

Juju Bay Area said:


> I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.
> 
> If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.
> 
> ...


Read the fine print, Uber/ X can assign these contracts to another company, you're still stuck with the payments.


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## Juju Bay Area (May 10, 2019)

I am reading through my lease right now. That is not how my lease reads. Please tell me specifically where it reads that in your lease. I have NO AGREEMENT with Fair.


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## CTK (Feb 9, 2016)

Juju Bay Area said:


> I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.
> 
> If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.
> 
> ...


Xchange Leasing sold your lease to Fair, happens all the time. Not sure what your issue is here, or what is the basis of a lawsuit.


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## peteyvavs (Nov 18, 2015)

Juju Bay Area said:


> I am reading through my lease right now. That is not how my lease reads. Please tell me specifically where it reads that in your lease. I have NO AGREEMENT with Fair.


Uber can sell the lease, just like banks and finance companies sell mortgages. Were you notified of this by mail, that's important for a lawyer to consider your case.
Now if Fair doesn't honor the terms of the lease then you have a lawsuit, but look for a disclaimer that states that the leases can be modified.


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## Juju Bay Area (May 10, 2019)

peteyvavs said:


> Uber can sell the lease, just like banks and finance companies sell mortgages. Were you notified of this by mail, that's important for a lawyer to consider your case.


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## Disgusted Driver (Jan 9, 2015)

Contacts are sold all the time. I can sell my interest to a third party and they have the same rights in the contract. If they changed the terms then by all means file an arbitration claim and plead poverty as far as paying the filing fee. The is no reason why you can't file it yourself as long as you don't make pointless claims like contacts can't be assigned.


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## Juju Bay Area (May 10, 2019)

Who says they can do that? IT IS NO WHERE IN THE CONTRACT. I never got notification. Have you? You spoke about fine print, what specifically we're you referring to? You sound like your phishing...



Disgusted Driver said:


> Contacts are sold all the time. I can sell my interest to a third party and they have the same rights in the contract. If they changed the terms then by all means file an arbitration claim and plead poverty as far as paying the filing fee. The is no reason why you can't file it yourself as long as you don't make pointless claims like contacts can't be assigned.


In the contract Uber absorbs most of the cost of arbitration. I can not arbitrate this with Uber. The contract speaks about our agreement with them and the ability to opt out of arbitration. Fair is the company to deal with. Because I have no contract, I can sue in open court and be not forced into arbitration. You guys can't keep responding about things that clearly are not in the contract. Facts only please!

Please do not reply with scenarios that do not pertain to this post. If you DO NOT have a lease with XCL Titling Trust you probably should not be responding to the post. If you can not site specific sections of the lease agreement (mine is governed by CA law), you have no idea what you are talking about. The lease is very specific about our relationship with Uber including using the platform. Fair is not mentioned in this contract. They can not breach the contract and hold me to the obligations of the contract. As I stated in my original post, I have contacted a lawyer that has prevailed against Uber and will keep you posted as to their response.


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## CTK (Feb 9, 2016)

Juju Bay Area said:


> Who says they can do that? IT IS NO WHERE IN THE CONTRACT. I never got notification. Have you? You spoke about fine print, what specifically we're you referring to? You sound like your phishing...
> 
> 
> 
> ...


Wow, I hadn't thought that people here had the ability to dictate who could and could not post, and what they could and could not say.

Leases, mortgages, loans, notes of all kinds do indeed get bought and sold all the time. You still haven't told me what you're so upset about , and why you're trying to sue.


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## Juju Bay Area (May 10, 2019)

Your question makes it very clear that you do not have a contract with Xchange Leasing. Unless you have a law degree and the abiility to practice law in California, don't ask me any more questions. My post is not to entertain you. Stay in your lane.


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## DexNex (Apr 18, 2015)

Juju Bay Area said:


> If you DO NOT have a lease with XCL Titling Trust you probably should not be responding to the post.
> 
> Unless you have a law degree and the abiility to practice law in California, don't ask me any more questions.


Lol. Good luck with that.

Your lease got sold. The old terms of your lease still apply. Any arbitration clause you had with Xchange moves to Fair. The terms of your initial contract are still in force.


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## CTK (Feb 9, 2016)

Juju Bay Area said:


> Your question makes it very clear that you do not have a contract with Xchange Leasing. Unless you have a law degree and the abiility to practice law in California, don't ask me any more questions. My post is not to entertain you. Stay in your lane.


Not sure if you're talking to to me, but as it happens I do in fact have a car leased originally from Xchange, now with Fair - not sure why you consider that a requirement to understanding lease basics. You're still not telling me what you're so upset about or why you're wanting to sue.

And as an FYI, these and every other message boards on the internet are for the entertainment of readers, we are not solving world problems here. I can read what I want, I can post what I want, and my lane includes absolutely anything I want it to.

If I were you, I'd stop focusing on a meaningless issue with my car lease and rush to get some help with my anger issues.


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## Juju Bay Area (May 10, 2019)

CTK said:


> Not sure if you're talking to to me, but as it happens I do in fact have a car leased originally from Xchange, now with Fair - not sure why you consider that a requirement to understanding lease basics. You're still not telling me what you're so upset about or why you're wanting to sue.
> 
> And as an FYI, these and every other message boards on the internet are for the entertainment of readers, we are not solving world problems here. I can read what I want, I can post what I want, and my lane includes absolutely anything I want it to.
> 
> If I were you, I'd stop focusing on a meaningless issue with my car lease and rush to get some help with my anger issues.


Your clearly confused. I don't play on the internet, the post I put up is NOT for your entertainment. Problems in my world, are my world problems. Others share similar problems, which mean they are their world problems. I do not need to have similar "problems" as you to be valided.

You are inferring anger that does not exist. I was simply being direct and clear.

Just because you are reading a message and asking questions does not obligate me to answer them. There is not an issue that I have that you are able to help me with, k. As I stated, I outlined my issues to an attorney that has prevailed against Uber. He could not take the case but referred me to an out of state attorney that has also prevailes and who happened to have abitrated a settlement for me against Uber. I also stated that when I hear back I would keep others posted. That was the lane I was speaking of.

If you are pleased with your contract with Xchange/Fair there is not reason for you to even be reading this...


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## emdeplam (Jan 13, 2017)




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## Juju Bay Area (May 10, 2019)

peteyvavs said:


> Uber can sell the lease, just like banks and finance companies sell mortgages. Were you notified of this by mail, that's important for a lawyer to consider your case.
> Now if Fair doesn't honor the terms of the lease then you have a lawsuit, but look for a disclaimer that states that the leases can be modified.


If Fair assumed the contract why do they not have to honor the terms. If you know anything about Fair they are consistently not honoring the terms. When asked a question specifically, they refer you to Xchange Leasing which is them.


peteyvavs said:


> Uber can sell the lease, just like banks and finance companies sell mortgages. Were you notified of this by mail, that's important for a lawyer to consider your case.
> Now if Fair doesn't honor the terms of the lease then you have a lawsuit, but look for a disclaimer that states that the leases can be modified.


There is no disclaimer in the contract that says the contract can be modified. If the contract is modified that would be a new contract which that would have to be agreed on by me. If you have dealt with Fair, you know they are consistently not honoring the terms but blaming it on Xchange Leasing (which is them). Only when it is in their favor do they refer to the contract ie: repairs. They have consistently told me that they do not have access to Xchange Leasing information but can not connect me with anyone with that information (we have been corresponding daily for a month). On this forum, people have written that Fair is forging contracts, not honoring terms, etc. Uber/Xchange was considered a pretory lender. Fairs monthly lease is $800 and they only pay for oil changes. All other costs are on the driver.


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## Disgusted Driver (Jan 9, 2015)

Your understanding of contact law is quite limited so I suggest you do what you initially said, go see an attorney. One thing you should be prepared to do is explain to them how you have been damaged by all of this and by how much. You don't seem to be able to explain that here.


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## Juju Bay Area (May 10, 2019)

Disgusted Driver said:


> Your understanding of contact law is quite limited so I suggest you do what you initially said, go see an attorney. One thing you should be prepared to do is explain to them how you have been damaged by all of this and by how much. You don't seem to be able to explain that here.


Contracts and consumer rights vary from state to state. I have already outlined that (in writing multiple times) to Uber, Fair and the attorney I am speaking to. Fair is well aware of my specific grievances, they go back well over a year ago.


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## Disgusted Driver (Jan 9, 2015)

Juju Bay Area said:


> Contracts and consumer rights vary from state to state. I have already outlined that (in writing multiple times) to Uber, Fair and the attorney I am speaking to. Fair is well aware of my specific grievances, they go back well over a year ago.


Thank you captain obvious, it's clear from your response that you do not comprehend any of the subtleties of contact law. So let me rephrase my question for you in simple English. Assuming that they are in fact terrible people who breached your contract and did illegal things to you, how much did their illegal behaviour cost you? Then there is the question of whether there really was a breach of contract which is hard to say particularly since you don't even understand that there is such a thing as assignment. Whatever the case, best of luck to you, you shall find that the legal system is a cruel mistress.


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## Juju Bay Area (May 10, 2019)

Juju Bay Area said:


> Contracts and consumer rights vary from state to state. I have already outlined that (in writing multiple times) to Uber, Fair and the attorney I am speaking to. Fair is well aware of my specific grievances, they go back well over a year ago.


I got off of the website for the Uber driver class action site (just as a reminder):

https://uberlawsuit.comUber drivers have filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for their expenses that Uber should have to pay, like for gas and vehicle maintenance. The lawsuit also challenges Uber's former practice of telling passengers that the gratuity is included and not to tip the drivers, even though (until 2017) you were not getting a tip!!

Uber is still are messing with our tips by only allowing the rider to tip 2xs their fare. I had a rider try to tip me $100 but because his fare was $22, he was only allowed to tip $44, $56 in lost income. (He even me wanted to meet his wife. I contacted Uber, they confirmed it and I made them send it to me in writing). I read an article and they blame the limit on fat fingers, the same fingers that ordered the ride and got them paid. I digress, I view that as them determining something that is none of their business if I am a contractor. I looked at all of their tipping imformation, I have yet to find a disclaimer on their site that tips are limited.

These issues (contractor or employees) are still in front of the court to be decided, in SF the city I drive in. One of our fellow drivers, despite our agreement with Uber decided it made no sense and hired an attorney. As far as I am concerned, as a 4.97+ driver for 4 years, anything I think is a grievance is a grievance. I barrage Uber CEO with letters every time I feel like it most challenging his integrity. We drive around Uber employees and executives everyday and I air my grievances on their dime. I have tested software for them on several occasions. I have been on driver panels and openly air my grievances. I have been in the game for too long not to know how things work, what makes sense and what doesn't and I continue to learning every day. Whether I can find a competent attorney (one that has prevailed against Uber) to take my case is my only concern. And if I prevail, trust I am sharing that information with my Uber driver as he/she takes me to the airport or to pick up my/Xchange Leasing/Fairs (our) car from being serviced. I am sharing the information when I get out to stretch at the airport. If I lose, Uber has absorbed the cost and they are on notice. I want us all to win. Your concern may not be your concern. In your state it may be standard practices or poorly or unenforced law/statute, in my state it may be pretatory or have consumer protections. But we all need to ensure that we are heard.



Disgusted Driver said:


> Thank you captain obvious, it's clear from your response that you do not comprehend any of the subtleties of contact law. So let me rephrase my question for you in simple English. Assuming that they are in fact terrible people who breached your contract and did illegal things to you, how much did their illegal behaviour cost you? Then there is the question of whether there really was a breach of contract which is hard to say particularly since you don't even understand that there is such a thing as assignment. Whatever the case, best of luck to you, you shall find that the legal system is a cruel mistress.
> [/QUOT


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## Disgusted Driver (Jan 9, 2015)

Juju Bay Area said:


> I got off of the website for the Uber driver class action site (just as a reminder):
> 
> https://uberlawsuit.comUber drivers have filed a class action lawsuit claiming they have been misclassified as independent contractors and are entitled to be reimbursed for their expenses that Uber should have to pay, like for gas and vehicle maintenance. The lawsuit also challenges Uber's former practice of telling passengers that the gratuity is included and not to tip the drivers, even though (until 2017) you were not getting a tip!!
> 
> ...


Dude, as someone who has in fact sued uber and is a lead plaintiff on a class action, I can tell you that you are a hot mess. You need to focus and deal with a single issue not bounce around all over the place like a raving lunatic. Good luck and peace out.


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## Juju Bay Area (May 10, 2019)

?


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## Pleasehelpp (May 15, 2019)

Juju Bay Area said:


> I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.
> 
> If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.
> 
> ...


Id think twice about purchasing the vehicle. Ita been 11 weeks and still no title for me. They give me the run around and have no answer in regards to where the title is.


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## Alwayzbizzniz (May 23, 2019)

Juju Bay Area said:


> I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.
> 
> If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.
> 
> ...


have anything changed i still got my car n im not giving back pay 22000 for it 2015 nissian can we go grt it regersterd


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## akwunomy (Jan 12, 2020)

Juju Bay Area said:


> I have been driving for Uber for 4 years. When I went to full time 3 years ago, I decided to enter lease with Xchange Leasing. I got 2013 Prius (25K miles, currently 160K). My lease is up in July, I plan to purchase it.
> 
> If you recall, last year Uber/Xchange Leasing went from deducting from our earnings to Fair processing our payments. I have been extremely frustrated with Fair unprofessionalism and lack of information so I penned a letter to both Uber & Fair CEO's regarding my issues and that Uber choose the wrong vendor. Fair immediately contacted me. It has been a month of talking in circles and Jedi mind tricks.
> 
> ...


That business Fair sucks...at the end of my contract...I paid them off around 5000$+ by following instruction on the contract and validated by an agent from the company...like if you want to purchase the car.,.tell us in writing..,.14 days notice...I did all that and pay this guys everything...close to a year...they stated sending me notice...that I owe them 230$ weekly...I mean the account is closed...and someone is sending me a bill on an account I already payoff...I reached out to figure out what is going on...I spoke to another agent...she said I owe about $500+ and I was more mad....finally spoke to a manager...who said...he will look into the account...after few weeks...I got a bill of 2300$+...I wrote a letter asking them to audit my account...and also to activate the arbitration clause in the contract...they couldn't do it...after about a month...they came and pick up my car...I lost one week revenue...pay all kind of fees to get back the car...after I told them how I made my payment and so on...they probably figured out that the messed up...and asked me to just pay the repossession fee and other fees...I lost money in that bill....s...because someone doesn't know what they were doing or negligence...but it is not over yet...I am getting ready to take them to small claim court...we will figure it out..,


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## LADryver (Jun 6, 2017)

Juju Bay Area said:


> I am reading through my lease right now. That is not how my lease reads. Please tell me specifically where it reads that in your lease. I have NO AGREEMENT with Fair.


It will be in one phrase without highlight. Usually something like "and their assigns".


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## mich235_2000 (Jul 19, 2021)

I have a question. I was with the uber xchange program and I had an accident while driving. My car was still drivable but I couldn't uber.. Long story short I fell behind on my payments and the next thing you know the program was discontinued I lost contact and have no idea who to contact. I moved to another state and need to transfer the lic and reg but in order to do that I need the title. I have no idea how to fix this situation.


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## Safar (Mar 23, 2020)

That lease program was a total disaster for the poor drivers, absolute disaster. They were ruthless. 
But there was another program which was much much better. Enterprise had a deal of 2 good years with Uber if I recall correctly. Those cars came with insurance and service included in the price, and drivers were driving the crap out of those poor little things, I did. And drivers would come up with enough money to buy their own cars later. But Enterprise realized that the drivers were putting too many miles on those cars and they were also getting into a lot of accidents. Even the $1000 deductible could not deter the drivers from driving like maniacs. So Enterprise terminated that deal.


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## New2This (Dec 27, 2015)

Safar said:


> That lease program was a total disaster for the poor drivers, absolute disaster. They were ruthless.
> But there was another program which was much much better. Enterprise had a deal of 2 good years with Uber if I recall correctly. Those cars came with insurance and service included in the price, and drivers were driving the crap out of those poor little things, I did. And drivers would come up with enough money to buy their own cars later. But Enterprise realized that the drivers were putting too many miles on those cars and they were also getting into a lot of accidents. Even the $1000 deductible could not deter the drivers from driving like maniacs. So Enterprise terminated that deal.
> 
> View attachment 605478


Au contraire. You might be thinking of Santander maybe?

Xchange Lease Program was great for me.

I drove the everloving **** out of my Xchange Lease car, nice Altima. $104/week, unlimited mileage and free oil changes. I got it at around 35,000 miles. It had around 175,000 when I turned it in 3 years later. Not all Uber miles but my non-Uber 2010 Accord coupe only has 50,000 miles on it now thanks to Uber and Xchange. 

Never missed a payment. If only they reported to credit reporting agencies my credit would be better than it is now (740-750).

If I'd been smarter i would've kept it because of Uber/Xchange ****ups but I didn't. 🤷‍♂️🤦‍♂️


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## Safar (Mar 23, 2020)

New2This said:


> Au contraire. You might be thinking of Santander maybe?
> 
> Xchange Lease Program was great for me.
> 
> ...


 No that was not the rate in San Francisco your rate is pretty good


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## Safar (Mar 23, 2020)

New2This said:


> Au contraire. You might be thinking of Santander maybe?
> 
> Xchange Lease Program was great for me.
> 
> ...


 Were you also writing off the mileage?


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## New2This (Dec 27, 2015)

Safar said:


> Were you also writing off the mileage?


Yep. Used an app I turned on when leaving the house and off when I got home.

My Longhauling strategy resulted in a shitload of dead deductible miles.


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## New2This (Dec 27, 2015)

Safar said:


> No that was not the rate in San Francisco your rate is pretty good


For some reason I thought you were in the D.C. area at some point


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## Amos69 (May 17, 2019)

Pleasehelpp said:


> Id think twice about purchasing the vehicle. Ita been 11 weeks and still no title for me. They give me the run around and have no answer in regards to where the title is.


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## Safar (Mar 23, 2020)

New2This said:


> For some reason I thought you were in the D.C. area at some point


That was a friend who I was posting on behalf of 😁🙏


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## Safar (Mar 23, 2020)

New2This said:


> Yep. Used an app I turned on when leaving the house and off when I got home.
> 
> My Longhauling strategy resulted in a shitload of dead deductible miles.


Then you guys were lucky. SF and Seattle folks were screwed. They were being fleeced 😁


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## heartlikemind (10 mo ago)

The real issue is after your lease ends you’re going to get a letter from a collection agency stating they are collecting several thousand dollars on behalf of XCL in regards to monies owed for you lease although you never missed a payment. Then they’re gonna make you an offer to settle and claim that if you don’t they will report this fraudulent attempt to extort to the credit bureau, which they just did to me. I’m in the process of reaching out to an attorney because I never missed a payment and nowhere in my contact did it state that returning a vehicle that had not be damaged would result in me paying several thousand dollars three years after my lease has ended and the car had been returned. I’m going after the bogus collection agency, FAIR and what’s ever left of Xchange they just screwed up my credit for something that doesn’t make sense.


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## CarminF (10 mo ago)

Hello Heartlikemind, So it happened to you TOO! Please take a look at some of my posts as there's quite a number of people (growing list everyday...) that have been subjected to this same nonsense. We are organizing resources as well as linking up with folks that have had previous experience with XCL/Fair and now these collection agenices that are representing the debt buyers that bought these portfolios for very very low amounts.


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## UberBastid (Oct 1, 2016)

Juju Bay Area said:


> Who says they can do that? IT IS NO WHERE IN THE CONTRACT.


It can be done, unless it is forbidden.
I used to write real estate contracts all the time. Back in the olden days an agreement could be assigned. We used to write them as "UberBastid, buyer, or his assignee". 
Real Estate was going up so fast in those days I used to 'buy' a new house that hadn't been built yet, and wouldn't be ready for six months or more for $100k. By the time escrow was ready to close it would be worth $115 or more.
I would sell the agreement to a third party for $5k, and make that amount for a mere $500 deposit. The 'assignee' would get a $115k house for $105.
Not able to do that any more.
Too bad too.
I'd do four or five of those a year.


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