AFFIDAVIT
STATE OF FLORIDA
COUNTY
OF BROWARD
Personally appeared before me, the
undersigned authority in and for the jurisdiction aforesaid, John M. Cockerham,
President of ALL PRO ELECTRIC SERVICES, INC. (ALL PRO), who by me first duly
sworn, stated on oath as follows:
I, John M. Cockerham, am the
President of All Pro Electric Services, Inc. and make this Affidavit from my
personal knowledge.
In my capacity as President of ALL
PRO, I was responsible for setting up three ALL PRO credit card business accounts with
American Express in the name of All Pro Electric Services, Inc. and in my name,
John M. Cockerham.
I possessed the experience of having
been the CEO of an international business with over 350 employees, 12 locations
and with banking relationships in Alabama, Virginia, Mississippi, New Jersey,
Ohio and Georgia. These banking
relationships encompassed various credit agreements (i.e. checking, credit
lines, “lock-box” receivables financing, construction and equipment financing,
and property mortgages). As such, I was
well qualified to discuss with American Express representatives a business banking
arrangement and understand what we discussed… that ALL PRO would use of three
separate accounts, and when taken together, provided the company with an “unlimited, unsecured credit line”. Two of the accounts with substantial credit
limits (estimated between $30,000 - $50,000 each) were to be used principally
for managing cash flow for material and daily operational requirements. In discussing the credit cards “perks” with
an American Express banking representatives
it was suggested that I should have two operational accounts… one for hotel benefits and the other
for airline travel points—the third account with “unlimited credit” was to be used principally for large
material purchases. Before accepting the
offer of unlimited credit from American Express, I contacted American Express
concerning one singular issue. I wanted their assurance that the three credit
card accounts were independent in the sense that if there was “any type” of problem to arise on one
account, that it would not affect the other accounts… specifically, whereby all
of my credit could not suddenly be interrupted and possibly bankrupt the
business. The American Express representative
gave me assurance that this could not happen and that each account would stand
on its own merits and as long as I paid the accounts timely my credit would
continue to grow. I recall wondering as
to how it could grow with one of the cards already being “unlimited credit”. I discussed the matter with my daughter,
Stacy Kinney-- principle owner of All Pro Electric and with a long history of
using American Express for her other businesses. We concluded that with the three American
Express accounts we would have a stable,
dependable credit source… sufficiently so, that we would have access to immediate
resources necessary to grow the business quickly to meet the growing market demand
in South Florida at that time.
American Express was anxious to do
business and I do not recall ever signing any contractual agreement… the cards
were simply sent in the mail, ready for use.
For approximately eighteen months our practice and pattern was exactly
as the American Express representatives had promised—we faithfully paid on time
(and usually the full amount on each card) and our credit and perks from
American Express remained stable and faithful to our understanding.
Nevertheless, one day I received a
call from our electricians that they could not buy any gas with the credit
cards. Without any notice or reason
American Express had cut off all of our credit on all three cards. The results were devastating… the company was
not able pay the employees; all employees were laid off; we could not pay for materials nor finish the
jobs we were working nor bid new jobs. I
personally defaulted on two home mortgages; lost personal credit standing; lost the use of other personal credit
cards; had multiple credit reductions
from approximately $15,000+ to $500; lost
my retirement (never to retire); suffered financial embarrassment and the
humiliation of having to accept charity from friends and relatives; months of
near sleepless nights; stress rashes, ear peeling and other health
problems.
All these things are true. American Express cut off of our company’s
credit without warning or any regard to the damages and to this day American
Express refuses to disclose who and why they took such a severe adverse action
that knowingly would cause the greatest possible harm to ALL PRO and me
personally.
Subsequently, the interest rate on
the outstanding balances was raised from 0 to 27%.
This the 28th day of July,
2014,
(Original Signed)____ John
M.Cockerham
email: allproelectric6445@att.net
Phone: 954-963-4025
email: allproelectric6445@att.net
Phone: 954-963-4025
Sworn to and subscribed before me
this the 28th day of July, 2014
(Original Notarized)
NOTARY
PUBLIC
My Commission Expires:
___________________________