Any first hand experience with OAK HILL CAPITAL CORP?

Discussion in 'Ask An Owner Operator' started by turbotruck, Apr 19, 2015.

  1. turbotruck

    turbotruck Bobtail Member

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    Hi All,

    I clicked on "freight factoring" on the top of this forum's hope page, which lead me to list of recommended factoring companies (http://www.thetruckersreport.com/factoring-rates/). I wanted to see if anyone has any REAL, FIRST HAND EXPERIENCE with Oak Hill Capital Corp? I'm a bit surprised that this forum advertises them as one of the top factoring companies, yet I cannot find any other thread or post on this entire forum mentioning them, nor can I find any relevant information about them when researching online. Their website is also very poorly put together (http://www.oakhillcap.com/)

    They look good on paper: 3.5% flat fee, no reserve, non-recourse, free ACH deposits, and an approved broker list (no credit check). But how are they in real world?

    Looking for some insight, hope this community can help.

    Thanks in advance.
     
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  3. turbotruck

    turbotruck Bobtail Member

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  4. BigBadBill

    BigBadBill Bullishly Optimistic

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    The red flag to me is "no reserve, no recourse". And at 3.5%. Get to know the business model a little better, read and UNDERSTAND the contract. While I don't have the time to dig into them for you I will say that it is sounding like they are trying to make it sound great and get people into a contract they don't understand and cost a ton to get out of.
     
  5. turbotruck

    turbotruck Bobtail Member

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    Thanks for your feedback BigBadBill.

    I've read the application and agreement, It seems pretty straight forward. 3.5% flat fee, no recourse, no reserve, 50% fuel advance for $21.50; payments via comdata for $10; payments via wire for $20; payments via ACH are free. No application fee, no monthly minimum fees, no rate escalations. No long term contract - you can leave once they have settled all outstanding invoices.

    Regarding recourse/non recourse, the contract reads:
    "Any invoice that results from services provided by Company to a Payer that is less than
    arms length between Company and the Payer is with full recourse against Company.
    Specifically, if Company and the Payer are related in some way that may impact the
    payment of the invoice, including but not limited to familial or other non-business
    relationships, co-ownership of the Payer’s entity and/or Company, or any other business
    relationships between Company and the Payer that would otherwise render an invoice
    uncollectible or distort or change the character of an otherwise normal, arms-length
    relationship between Company and the Payer, Company is responsible for making whole
    Oak Hill. Oak Hill may use offsets from subsequent invoice purchases from Company in
    order to cure such defaults, reductions and/or offsets on previously purchased invoices."​

    They do file a UCCI:
    "Company hereby grants Oak Hill a present security interest in and assigns to Oak Hill in
    absolute ownership those accounts receivable now or hereafter created by Company’s
    sales, in addition to contract rights, documents, rebates, general intangibles, and all books
    and records pertaining to accounts and all proceeds of the foregoing property, equipment,
    and all other assets. As owner, Oak Hill shall have all the rights of an unpaid vendor,
    including the rights of replevin and reclamation. Company represents and warrants that
    each assigned invoice is based upon an actual sale and delivery of services, that the
    Company’s customer is liable for the payment of the amount stated in the invoice
    according to its terms without offset, defense, or counterclaim, and that the original invoice
    bears notice of assignment to Oak Hill. Company will indemnify and protect Oak Hill
    against liability, loss, or expense caused by claims, defenses, or offsets of every kind
    where the Company is deemed to be in violation of its obligations to the Company’s
    customer, such determination being made at the sole discretion of Oak Hill."
    2 page application, 4 page contract. Shorter and less legal language that some of the other factoring company's agreement's I've read.

    They don't do credit checks per se, rather they have a list of 1200 or so per-approved brokers (no credit cap) and if you want to work with a broker/freight forwarder/shipper that isn't on that list, you email them so they can check their credit worthiness and they will make a decision as to extended credit or not.

    It sounds all good to me...just confused why there is very little info about them on this forum and online search. This forum advertises them, so I would assume (or at least hope) the forum did its due diligence before advertising them as a "top factoring company"
     
    Jamael Nettles Thanks this.
  6. Admin

    Admin TTR Forum Owner Staff Member Administrator

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    On average, I get ~2 emails per month from owner operators with factoring horror stories. The common theme is that the O/O is getting hit with fees they weren't expecting, has months on their contract, and if they've found another factoring company willing to buy them out their current factoring company finds ways to block them. Also, crappy customer service and failure to notify the O/O of unpaid invoices in a timely manner. With that in mind, I give Oak Hill a thumbs up on the basis of having an extremely transparent fee structure, and by all accounts if you decide to take your business elsewhere they don't pull tricks to lock you in.

    I don't know whether Oak Hill is good for you -- maybe you'd be better with recourse factoring instead of non-recourse factoring, or avoiding factoring altogether. I consider them a top company because they are one of the very few factors that doesn't hide the true cost of their service and hasn't been the subject of any of the horror stories in my inbox.
     
    whoopNride and RedForeman Thank this.
  7. wrongwaytommy

    wrongwaytommy Light Load Member

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    I have talked to Steve at Oak Hill before.My friend,Brian is hooked up with them and loves it.
    Straight 3.5 and no bull except one thing
    they have a long list of brokers they will factor,if they ain`t on the list,they don`t factor them.Fax paperwork in to get paid.Then you mail in the originals later.All in all,a good outfit and i may still go with them later on
     
  8. RedForeman

    RedForeman Momentum Conservationist

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    To be brutally honest, the fees are where they make their money, not the percentage. More about this at the end.

    All this says is that if who your "customer" is creates a conflict of interest, they will collect it in full from you. And that they will use other amounts due you to settle one of these. They have probably been defrauded with fake invoices, under the table payments, or some other deception at some time. This clause lets them drop the hammer on you if they even think that is what's happening.

    I'd be wary of the first sentence. It reads that they own all your accounts. That's bad. It means that you must assign all of your accounts. A more reasonable offer would say something to the effect of "assigned accounts." That is, you can factor some accounts while keeping others direct billed.

    What you really need to do is two things.

    1. Read, re-read, then read again, then have someone you trust read three times, two important sections in that agreement. Then read them again. Default and Termination. Default will describe what they consider to be actions that will put you into default of the agreement, along with what will change and what will happen if you are in default. You will be surprised at some of the things you might consider not such a big deal that would put you in default status. Termination will explain the many flaming hoops you must jump through in order to get a release from them once you've finally decided to divorce them. There will likely be awkward timelines, extra fees, and so on. If you happen to be in default it will certainly be even worse.

    2. Run some test scenarios, both on costs (fees) and timelines. Get a spreadsheet and run the numbers. Take a sample month of business and apply this agreement. Don't forget your bank charges and fuel card use. You absolutely must know the true cost of doing this. Don't get suckered into thinking like it's only $35 on a thousand. By the time all the fees are in, you'll probably be more like $100-$150 per thousand. With respect to time, get a 12 month at a glance calendar out. Start with the funding process and count the days. "Fast" pay may not be as fast as you think. Obviously, faster money costs more. Decide just how fast you really need it. Then, most importantly, walk through the default and termination process. Count up the days of advance written notice by certified mail and other death defying acts you must complete in order to reach the end. You will most likely have some serious planning to do. These agreements are constructed to basically wipe your business out if you decide to part company under anything less than totally amicable conditions. Decide one day you're through with them? Another factor offers to buy your business? I'm willing to bet that will come with a royal screwing on your way out.

    There are also two very important perspectives you need to keep when evaluating an offer of factoring.

    One is that darn percentage again. Not only figure out what the "true" percentage will be, but also calculate it against profit, not revenue. Here's an over-simplification to illustrate. Say you haul a load that invoices at $1,000. You know from your business model that your profit is $200, after all your costs, fuel, paying yourself, etc. 20%! Awesome. Now your factor takes their 3.5% plus a $20 bank fee, and invoice fee, and a few other fees. Then you use their fuel card, oops there's a $1.50 swipe fee. Maybe pay the lumper with a check off that fuel card, another fee. Before you know it, it's cost you $100 to use them. 50% of your profits are gone.

    The other thing is what I call the "soft" costs. Costs that you will never see on any statement ever, that you can only figure out with a lot of effort from your own numbers. I'll re-use the fuel card example. They are nearly always cash price minus discounts, if there's even a discount. And there's a fee for everything. So maybe right now you're paying with cash and that's not such a big deal. You get a 3¢/gallon discount after all! What you really need to do is measure that program against a real one that offers cost plus discounting. NASTC for example, and there are others. You'll find that awesome discounted fuel card they're offering you is going to cost you more than paying full cash price with a stack of greenbacks. I could go on and on. Tire discounts. Roadside service. Anything with the word "service" in it for that matter. If there's an angle they can use to get in your pocket, it will be there.

    With all that said, you're probably thinking 'ol Red is just sour on factoring. You couldn't be more wrong. I have used a factoring company from day 1 and been with them 4 1/2 years. They have delivered exactly what was agreed to in the beginning. They have worked with me through my learning curve in the industry, as well as the ins and outs of factoring. About a year ago, I started unwinding that business relationship. Carefully and cautiously, until last August they no longer had any outstanding invoices. As accounts reached zero balance, I have had them released. Soon I will ask for and be supplied with a universal release, ending the relationship. They served their purpose, and my business has matured beyond the need to continue with them.

    So what company is it? you might ask. Sorry, but I will not name them any more. The following is also a motivation for me to move on from them, and factoring altogether. The reason I no longer recommend them isn't because I think they're bad. I don't. I like them personally, and have had many positive interactions with them over the years. It's because I no longer believe they offer anything more special than any other factoring company. This due to a couple of referrals I made to people I call good friends, that went badly. While I believe that my friends brought the badness upon themselves, I also believe that there was no deliberate intent of fraud or deception. Either a simple misunderstanding of terms, or an innocent mistake. More importantly, I believe that the factoring company went straight to a nuclear option in those cases when it wasn't appropriate. So my days of being their public cheering section have ended.

    Good luck on whatever you decide, and sorry for being long winded with my reply.
     
  9. kimbosa

    kimbosa Medium Load Member

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    Good read! Great job! Redforman.
     
  10. turbotruck

    turbotruck Bobtail Member

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    I agree that it is important to know all fees upfront. I would hate to start a contract and be hit with hidden fees later. But to consider someone as a top factoring company and advertise them on this forum without any feedback from carriers/OO's/etc to back them up is a coin toss. A simple google search does not even bring back any information about their company, other than the poorly put together website, which also doesn't give any relevant information about who they are and what they do. Google APEX, for example, and see the difference.

    What if I start a factoring company, have a very transparent fee structure and service contract, and ask you to advertise my company on this website - will you?

    I think there needs to be more validity to the list of "top factoring companies"
     
    kimbosa Thanks this.
  11. turbotruck

    turbotruck Bobtail Member

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    Dont quote me, but I believe Oak Hill only need originals if the broker requires originals to get paid.

    These days, 99% of (legit) brokers only ask for copies.
     
    wrongwaytommy and kimbosa Thank this.
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