Bill Express leases may be void
The recoverability of leases payable by newsagents for the use of their now redundant Bill Express terminals may be even more remote, with the Australian Competition and Consumer Commission taking action in the Federal Court alleging that Bill Express and equipment supplier Technology Business International engaged in conduct that was misleading or deceptive. The Age reported on the legal proceedings today.According to the newspaper the ACCC is claiming that Bill Express and equipment supplier Technology Business International engaged in conduct that was misleading or deceptive by requiring Bill Express outlets to enter into two separate lease agreements, one with TBI, on which they paid a monthly $495 lease, and one with Bill Express, which paid a $495 rebate to newsagents to cover the lease.TBI assigned the leases to trusts managed by Mobius Financial Services, an offshoot of Allco. Pepper Homeloans is now managing the trusts for Mobius.More than 900 newsagents continue to make the monthly payment, on advice from the Australian Newsagents' Federation, which was a strong supporter of the Bill Express business.Between 3500 and 4500 businesses, mostly newsagents, entered the contract agreements with Bill Express and TBI between 2003 and 2008, according to the ACCC. As of early September, 2791 of those contracts were current. However, only 900 newsagents or so continued to make lease payments.The ACCC alleges that Bill Express, TBI, BNY Trust and Mobius contravened three sections of the Trade Practices Act and that due to those contraventions the ACCC alleges that the contracts "were and are void".The ACCC is seeking an injunction requiring a permanent ban for BNY requesting or claiming payments from contracts, The Age reported.