I Have been a victim of MBD far too long.After paying my account of R980-00 in cash in at Old Eds Virgin Active 14-12-2007 belonging to my brother!!!.
I was harrassed by MBD I still have not received a beakdown of actual legal fees and rates charged by them and for what.
Today I get a call and being told I owe a whopping R845-00 on fees after all this time!!!
I am lodging complaints with www.fathers-4-justice.co.za and with www.issa.org.co.za against the firms obviuos misuse of power.
Legal fees are charged beyond certian prescriptions and mismanaged. I also will try and get Debra Patta at 3rd degree on this, so I reqeust everyone to lodge individual complaints to the above mentioned parties to get action taken now!!!!
Hi There
Thanks for this letter and your attempts to get 3rd Degree in on this. I am currently speaking to Carte Blanche and a few other prominent journalists to the same effect.
If you are succesful with 3rd degree, please contact me as I have a large database of other victims who all want to speak out and have copies of their communications with this scourge, parading as a legal business...
- MBD Victim
Showing posts with label Letters. Show all posts
Showing posts with label Letters. Show all posts
Monday, July 21, 2008
SMS's and phone calls
.....WHEN MBD TOOK OVER THE BILL AMOUNTED TO R13000 TO R14000 NOW. EVERYTIME I ASK FOR A BREAKDOWN AS TO WHY SO MUCH. THEY SAY THAT THEY WILL EMAIL IT TO ME AND POST IT TO ME,I ALSO GAVE THEM MY FAX NUMBER. ITS BEEN 3MNTHS NOW AND NOTHING.
I EARN VERY LITTLE AND BY THE TIME THE DIRECT DEBITS ARE DONE WITH ME I HAVE +/-R500 LEFT WHICH I DIVIDE AND PAY MBD EVERY MONTH BUT RECENTLY I HAVE NOTICED THAT MY OUTSTANDING BALANCE IS NOT DECREASING BUT INCREASING.
I GET HARASSED NEARLY EVERY 2ND OR 3RD DAY WITH CALLS AND SMS'S. I AM MAKING PAYMENTS EVERY MONTH BUT THEY JUST KEEP CALLING AND SMS'ING. I DONT KNOW WHAT TO TO NOW. I AM FLAT BROKE.
Hi There
Firstly, do not pay them anything! Looking at their reported track record, it seems that MBD has absolutely NO interest in actually recovering any debts - they only want to inflate the alleged amount that you owe, in order to continue receiving payments from you. That is why you are getting all the sms's - they charge you for them...
I would suggest demanding a detailed account, as well as a subpoena before you pay them anything.
I am prepared to bet any amount that you will never see the paperwork, as well as any subpoena.
Theey are not acting like real lawyers, but 'Debt Farmers'
- MBD Victim
I EARN VERY LITTLE AND BY THE TIME THE DIRECT DEBITS ARE DONE WITH ME I HAVE +/-R500 LEFT WHICH I DIVIDE AND PAY MBD EVERY MONTH BUT RECENTLY I HAVE NOTICED THAT MY OUTSTANDING BALANCE IS NOT DECREASING BUT INCREASING.
I GET HARASSED NEARLY EVERY 2ND OR 3RD DAY WITH CALLS AND SMS'S. I AM MAKING PAYMENTS EVERY MONTH BUT THEY JUST KEEP CALLING AND SMS'ING. I DONT KNOW WHAT TO TO NOW. I AM FLAT BROKE.
Hi There
Firstly, do not pay them anything! Looking at their reported track record, it seems that MBD has absolutely NO interest in actually recovering any debts - they only want to inflate the alleged amount that you owe, in order to continue receiving payments from you. That is why you are getting all the sms's - they charge you for them...
I would suggest demanding a detailed account, as well as a subpoena before you pay them anything.
I am prepared to bet any amount that you will never see the paperwork, as well as any subpoena.
Theey are not acting like real lawyers, but 'Debt Farmers'
- MBD Victim
Foschini and minors
I was 17 when I openend a account at Foschini. I was still a minor and just got out of school. I couldn't really afford this account but took it because I thought it would be cool. As a result Foschini handed me over to MBD Attorneys. The amount outstanding on my account was about R600. MBD attorneys have not phoned be in the past 3 years and now suddenly out of the blue they phone and sms me daily. When I asked how much I own they said R4000 and something!!!
This is ridiculous. Is it even legal to give an account to a minor??
This is ridiculous. Is it even legal to give an account to a minor??
Not Telkom
And here we go I am so sick of MBD Attorneys that I can vomit.
My outstanding debt is with Telkom (or so they say) this debt goes all the way back to 2002. I moved out of a home where I had a telkom line and fax line, I cancelled both and Telkom cancelled one.
Every single year since 2005 I have had MBD attorneys call me for at least 4 months of the year, then we go through the whole process, I call telkom, Telkom tells me that the affidavid I gave them and proof that I no longer lived there means the debt has been cancelled yet MBD attorneys continue to phone and harass me, and just you say to them, I am not giving you my home address, the the verbal assult really starts. They even had the audacity to tell me that I should go to telkom and check that they have actually cut it off and if not I should have cut it off…..go figure, are there people for real.
I wil not pay them, this is not my debt and I am sick to death of this year on year onsluaght!!
Hear hear! We are all with you! Please keep record of all your dealings with MBD as we are close to a big 'showdown' with these parasites.
- MBD Victim
My outstanding debt is with Telkom (or so they say) this debt goes all the way back to 2002. I moved out of a home where I had a telkom line and fax line, I cancelled both and Telkom cancelled one.
Every single year since 2005 I have had MBD attorneys call me for at least 4 months of the year, then we go through the whole process, I call telkom, Telkom tells me that the affidavid I gave them and proof that I no longer lived there means the debt has been cancelled yet MBD attorneys continue to phone and harass me, and just you say to them, I am not giving you my home address, the the verbal assult really starts. They even had the audacity to tell me that I should go to telkom and check that they have actually cut it off and if not I should have cut it off…..go figure, are there people for real.
I wil not pay them, this is not my debt and I am sick to death of this year on year onsluaght!!
Hear hear! We are all with you! Please keep record of all your dealings with MBD as we are close to a big 'showdown' with these parasites.
- MBD Victim
Cell C
Hi,
I’m also a victim of MBD. I was in a legal battle for money owed to me myself year before last, and contacted all my creditors and kept them up to date with the procedures as they arose. Mostly all our creditors where very patient and when we did eventually get our money paid in all the debt we had incurred.
All where happy it seems with the exception of Cell C. I thought that all was in order since I kept them up to date, even though Cell C discontinued my out-going calls facility. When I made the final EFT payment in September 2006, I used my cell phone number as a reference, and contacted them to make sure that they had received payment, which they did, and to get them to re-instate my call facility.
To my surprise Cell C had given my number to another subscriber, and that Cell C had cancelled my contract without any notification to me. A year later a receive a call from MBD informing me that I owe Cell C money and they have listed me on ITC, without any notification to me. My last payment was not even reflected in the statement from Cell C. I did not receive any invoices or statements in connection with my account since February 2005, when they decided to cancel my contract. (They sent me invoices and statements via email).
Then the MBD calls and sms’s started. I got so fed up that I instructed my attorney to deal with the matter. I keep good records and gave him all the copies etc he needed. He has been unfortunately not been able to get hold of anyone who is willing to assist him in clearing the matter either.
Each time MBD call me I refer them to my attorney, but still keep getting the sms’s and calls. I’ve kept these sms’s on my phone and file. We are seriously looking at getting our own recording device to record these conversations. Each time I tell them that the account has been paid in full and that I have proof of that , but they want me to fax through the proof of payment. As far as I’m concerned, my records are up to date, if they have the account why aren’t theirs.
My postal address has remained the same in 25 years. I have moved twice in 19 years. I forward all my calls to my cell when out of the office. If they say that they could not contact me or that I was not traceable, then that’s not at all true. No one can use the excuse that I was not traceable if they want to use that as an excuse of not being able to contact me.
I’ve learned a very hard lesson. I will never sign another cellular contract or any other contract for that matter especially without any legal advise. I pay only cash.
PS. Cell C cleverly contacted me on my pay as you go by offering me another Cell C contract telephonically. I’m almost sure that this is how they keep track of new contact numbers of old subscribers, to check on them and have MBD harass them.
My only concern is that by the time we get together that the law has changed again in their favour.
(Details withheld)
Hi There
I do not think that you have to worry about the law changing in the favour of this 'legal firm' As far as I know these kinds of practises ended after the Inquisition and Darl Ages and most countries have moved on with more modern laws... This 'legal firm' (and I use the term very loosely) has only found a loophole and is exploiting it. This is something that we CAN beat.
Regards
MBD Victim
I’m also a victim of MBD. I was in a legal battle for money owed to me myself year before last, and contacted all my creditors and kept them up to date with the procedures as they arose. Mostly all our creditors where very patient and when we did eventually get our money paid in all the debt we had incurred.
All where happy it seems with the exception of Cell C. I thought that all was in order since I kept them up to date, even though Cell C discontinued my out-going calls facility. When I made the final EFT payment in September 2006, I used my cell phone number as a reference, and contacted them to make sure that they had received payment, which they did, and to get them to re-instate my call facility.
To my surprise Cell C had given my number to another subscriber, and that Cell C had cancelled my contract without any notification to me. A year later a receive a call from MBD informing me that I owe Cell C money and they have listed me on ITC, without any notification to me. My last payment was not even reflected in the statement from Cell C. I did not receive any invoices or statements in connection with my account since February 2005, when they decided to cancel my contract. (They sent me invoices and statements via email).
Then the MBD calls and sms’s started. I got so fed up that I instructed my attorney to deal with the matter. I keep good records and gave him all the copies etc he needed. He has been unfortunately not been able to get hold of anyone who is willing to assist him in clearing the matter either.
Each time MBD call me I refer them to my attorney, but still keep getting the sms’s and calls. I’ve kept these sms’s on my phone and file. We are seriously looking at getting our own recording device to record these conversations. Each time I tell them that the account has been paid in full and that I have proof of that , but they want me to fax through the proof of payment. As far as I’m concerned, my records are up to date, if they have the account why aren’t theirs.
My postal address has remained the same in 25 years. I have moved twice in 19 years. I forward all my calls to my cell when out of the office. If they say that they could not contact me or that I was not traceable, then that’s not at all true. No one can use the excuse that I was not traceable if they want to use that as an excuse of not being able to contact me.
I’ve learned a very hard lesson. I will never sign another cellular contract or any other contract for that matter especially without any legal advise. I pay only cash.
PS. Cell C cleverly contacted me on my pay as you go by offering me another Cell C contract telephonically. I’m almost sure that this is how they keep track of new contact numbers of old subscribers, to check on them and have MBD harass them.
My only concern is that by the time we get together that the law has changed again in their favour.
(Details withheld)
Hi There
I do not think that you have to worry about the law changing in the favour of this 'legal firm' As far as I know these kinds of practises ended after the Inquisition and Darl Ages and most countries have moved on with more modern laws... This 'legal firm' (and I use the term very loosely) has only found a loophole and is exploiting it. This is something that we CAN beat.
Regards
MBD Victim
More Harassment
I got an SMS on Saturday morning at 8:00 saying....PLEASE CALL 011 560-4619 QUOING........ I called them and was told that i owe them R60.00 outstanding in 2006. It's really stressing cause the ladies that i spoke were very rude and useless. They said i was supposed to keep all my bank receipts and i have to re-fax them.
It's really frustrating cause Felicity and Lauren - the ladies that i spoke to were very rude.
This is not fair cause someone is not doing herjob in theirofrfices and i have to pay for their lazyness.
(Details withheld)
Hi There!
It's really frustrating cause Felicity and Lauren - the ladies that i spoke to were very rude.
This is not fair cause someone is not doing herjob in theirofrfices and i have to pay for their lazyness.
(Details withheld)
Hi There!
I have some bad news for you... Looking at the track record this company has, I don't think that it has anything to do with laziness. It is more of a well thought out system to enslave you into making regular payments, that will never end... Please read my post on 'Debt Farming'
- MBD VictimZimbabwe!?
I remember having an account with Woolworths in 1995. That was the last time I bought from them.
Last year (2007) I had 2 of MDB's consultants contacting me to say that I owe Woolworths. I told them the account has been paid and they should not call me again because I will speak to the National Credit Regulator. They stopped calling me.
Yesterday 10/04/2008 I had a call from a consultant called Edward, telling me that I owe Woolworths. I told him that the account was paid up and he said they still have an outstanding amount. I told him that I will not pay an account that has been settled. He said bye.
Today 11/04/2008, I got another call from a Nomsa, asking me to pay up. I told her that I will not pay and they should stop trying to get money from people that are paying their accounts. They should focus on people that do not pay. She told me that I want this country to be like Zimbabwe (what she meant by that comment, heaven only knows).
I just happen to spot your website and I suddenly got more insight. How do I get these people off my case?
(Details withheld)
Unfortunately, it does not look like one will ever get rid of these parasites by conventional means - paying them does not look like an option either, as I have yet to find someone who has been successful by doing his... Please keep record of all communications that you have with this company - we are going to 'fix' them soon!
Yes, the Zimbabwe comment is strange. One would think that they are the ones acting like Mugabe's government, if the readers' letters are anything to go by...
- MBD Victim
Last year (2007) I had 2 of MDB's consultants contacting me to say that I owe Woolworths. I told them the account has been paid and they should not call me again because I will speak to the National Credit Regulator. They stopped calling me.
Yesterday 10/04/2008 I had a call from a consultant called Edward, telling me that I owe Woolworths. I told him that the account was paid up and he said they still have an outstanding amount. I told him that I will not pay an account that has been settled. He said bye.
Today 11/04/2008, I got another call from a Nomsa, asking me to pay up. I told her that I will not pay and they should stop trying to get money from people that are paying their accounts. They should focus on people that do not pay. She told me that I want this country to be like Zimbabwe (what she meant by that comment, heaven only knows).
I just happen to spot your website and I suddenly got more insight. How do I get these people off my case?
(Details withheld)
Unfortunately, it does not look like one will ever get rid of these parasites by conventional means - paying them does not look like an option either, as I have yet to find someone who has been successful by doing his... Please keep record of all communications that you have with this company - we are going to 'fix' them soon!
Yes, the Zimbabwe comment is strange. One would think that they are the ones acting like Mugabe's government, if the readers' letters are anything to go by...
- MBD Victim
Proof of payment not available...
Hi
I cannot believe what I have read on these sites. I thought I was all alone in my quest to try and clear my debt with these vultures. I am harasses at work and at home at all hours and any day of the week. They obviously don’t take a rest.
I have an Edgars, Truworths and Woolies account with them. Yes, I ran into financial difficulty and therefore fell into their clutches. The Edgars account was an old account and the amount owed at the time was around R2000. It is now over R11 000. Are we not only liable for the principal debt? Do I contact the retail facilities themselves and ask them for the initial amount handed over? This seems to be a nightmare I cannot get out of. To be honest I have lost all patience with them and normally become very abusive to whoever is calling. The excuse of not being able to “find” my payments on their system is scary as I have proof of all payments made.
What do I do? I am at the end of my tether. Please help.
The best advice I can give you, is to make any payments that you are inclined to make, to a law firms trust account (NOT MBD) and demand that they subpoena you for the debt, with a full, detailed account that outlines all the fees charged. They probably won't, (as it is not in their own best interest) but you have at least started a proper legal process then. DO NOT PAY MBD a sent! You will (from all accounts) never get rid of this parasite by paying it...
We will soon launch our media campaign against this co and I believe the sparks will start flying any day soon - we will not let MBD and Fans Basson get away with this!!!
- MBD Victim
I cannot believe what I have read on these sites. I thought I was all alone in my quest to try and clear my debt with these vultures. I am harasses at work and at home at all hours and any day of the week. They obviously don’t take a rest.
I have an Edgars, Truworths and Woolies account with them. Yes, I ran into financial difficulty and therefore fell into their clutches. The Edgars account was an old account and the amount owed at the time was around R2000. It is now over R11 000. Are we not only liable for the principal debt? Do I contact the retail facilities themselves and ask them for the initial amount handed over? This seems to be a nightmare I cannot get out of. To be honest I have lost all patience with them and normally become very abusive to whoever is calling. The excuse of not being able to “find” my payments on their system is scary as I have proof of all payments made.
What do I do? I am at the end of my tether. Please help.
The best advice I can give you, is to make any payments that you are inclined to make, to a law firms trust account (NOT MBD) and demand that they subpoena you for the debt, with a full, detailed account that outlines all the fees charged. They probably won't, (as it is not in their own best interest) but you have at least started a proper legal process then. DO NOT PAY MBD a sent! You will (from all accounts) never get rid of this parasite by paying it...
We will soon launch our media campaign against this co and I believe the sparks will start flying any day soon - we will not let MBD and Fans Basson get away with this!!!
- MBD Victim
Taken for a ride...
i hadn't realised that i was being taken for a ride by MBD,i complied when they called,paid all the amounts,started getting suspicious when the amounts seemed to never decrease.i was looking for their contact details.so i 'googled' MBD,and i revealed all kinds of traumatic stories! they refuse to send me a statement!
is there no way we can put a stop to this?
(Details withheld)
is there no way we can put a stop to this?
(Details withheld)
Some good advice
My sorry association with MBD statred in beginning 2002. I had a business(CC) that liquidated in May 2001 after enormous medical bills with my childs birth in 2000. I had a MTN contract that was part of the liquidation, but about a year later MBD contacted me and stated that I signed surety in my private capacity and are due roughly R2000 principal debt (cancellation costs of contract and telephony costs). By the time they contacted me, legal fees, interest fees, administration costs ampounted to R6000+. At this stage I was frantic that a bad credit record would not spill over from the CC to my private name and I started paying R500 a month.(To all who is reading this - it is all an illusion, the whole debt collect system feeds on fear, get to know your rights) At first I could not understand why they had to contact me so often, via phone calls, letters and the infamous SMS's. The explanation would always be that it is from"another department"
At one stage I had confusing SMS's confirming re-payment schedules of R250, R500, R1000 per month all at different times of the month! For years I believed them just to be the most incompetent and rude bunch of people imanigable, but soon started suspecting that this was a manufactured strategy to run up costs. In April 2004 after paying for 2 years (I have to admit not every month) my outstanding balance was way over R10 000!
I started diarising their call history and SMS history for a while in 2005 and 2006. After several attempts/requests to get them to stop harassing me (up tp 9 contacts in 1 day!!!), or take me to court so that we can settle this, there was still no improvement and they kept on ignoring my requests to stop the SMS's. I started suspecting that these guys were running a scam. I spoke to an attorney who adviced me that I must get a copy of any credit agreement that I had with them - I also started asking for a detailed list of their fees as well as a break down of interest charges and the rate of interest charged - After several (billed) phonecalls all I got was those...4 line opening balance, paid, now outstanding pieces of paper. I stopped all repayments in 2007 every time that they phoned I refused to pay before I get a copy of where I signed for interest charges of 24% and a detailed breakdown of liability, interest, charges and fees for my attorney to take it further..they kept on saying that my attorney must get it..then I would explain that I have the right to ask for it...they would promise to get it posted to me...never to hear from them again. Case closed, right? Huh uh. Started phoning me again last month after a long silence. 3 times in one month I had to explain what I want from them - not a balance enquiry - A freaking detailed account history from start to date!
Today 8 May 2008 I spoke to Mbali and her supervisor Jafta - after insults like "why have you not paid your account since 17 - 5 - 2002?" (good God man I must have paid way more than R10 000 - R15 000 to them!) and Jafta saying he will e-mail my history now ("are you sitting in front of your system? I am sending it now") I have not received a thing. I phoned 011 560 4679 explained my whole story (again!!!), demanding a detailed history of the account, where after I received a call from Mbali again stating that although I owe more than R4000 they will settle the account for R2000. I declined and said that I want the detailed history record of the account. I phoned this number again and said that I want that record before the end of business today otherwise I will go to the Law Society, WASPA and every Debt Collectors body that I can think of - she put the phone down in my ear! (And I do hope that that call was recorded so that my tone of speech will be open for all to hear)
That was when I hit internet to look at my rights and found your blog. These people are for sure contravening the National Credit Act 34 of 2005, the Ursury Act of 1968 and the normally accepted guidelines of their profession
They harass people with calls, SMS's and threats, they pretend that litigation has already taken place etc.
Refuse to give consumers information regarding their accounts or proper statements of account, which they may legally not do.
The in duplum rule states that the interest levied on principal debt may not exceed the value of the principal debt, after June 2007 the amount of interest and charges after the consumer defaults may not be more than the capital owing at the time of the default. (They will clearly loose more than half of their 'book' if all their victims know this.)
Debt collectors can charge for necessarry letters, faxes or e-mails (how necessary is 6 SMS's per day after 3 calls, just to remind you of your agreement of 10 minutes ago when that agreement has been standing for longer than a year and you are paying every month? - or thanking you for your payment via SMS and then charging you more than R12 for the thank you SMS? Just to phone you tonight to confirm the settlement again?(Another R12+)
Over the 7 years they have often drawn up a settlement account and send it to me (of course charging me for it) - they may only do this at the request of the debtor.
For longer than 3 years I have tried to get them to give me a statement indicating the interest rate. No success there either. I suspect strongly that they have acted outside the law regarding the Ursury Act's interest rate cap.
Collection Cost may not exceed the cost incurred in collecting the debt - within guidelines set by Law Society and Debt Collectors Act.....now if I can just get my detailed statement......
During 2006 MBD started contacting me on another reference number for bad debt from Nashua - this was for a photo copy machine that was part of the liquidated business from 2001 - They used strong arm tactics to get me to pay. There was one exception - because this old huge photo copy machine only fetched R400 at the auction I remembered that it was absolutely settled as part of the CC's liquidation. I told them to get lost and that the debt had prescribed in any way. They still tried a couple of times, telling me to get police affadavits, curator reports etc before it went quiet on that score.
I see on internet that JM attorneys are affiliated with MBD - just to let you know, same procedure with JM attorneys and a Telkom account from 2000 that was also part of the liquidation in 2001. These are unscrupulous greedy characters that have to be stopped. I can not contribute money to your cause, but will gladly testify as part of a drive to get these guys sorted out. They have infringed upon my rights and it is time to fight back!
Nomorembd
Keep up the good work!
Fedup
PS If there is a sharp final year law student or two reading this, why not start an action whereby a reversal of all in duplum 'overcharges' are paid back to all victims and you take a 20% fee from those who sign up? And make name for yourself...and help clean up your profession...
(Thanks for this letter, Fedup, it will definitely help to clear up some questions. Regarding the lawayer - you will be glad to know that I have contracted the services of a young, sharp law firm who are out to make a name for themselves - tackling and defeating a fat firm like MBD is exactly the case they were looking for!) - MBD Victim
At one stage I had confusing SMS's confirming re-payment schedules of R250, R500, R1000 per month all at different times of the month! For years I believed them just to be the most incompetent and rude bunch of people imanigable, but soon started suspecting that this was a manufactured strategy to run up costs. In April 2004 after paying for 2 years (I have to admit not every month) my outstanding balance was way over R10 000!
I started diarising their call history and SMS history for a while in 2005 and 2006. After several attempts/requests to get them to stop harassing me (up tp 9 contacts in 1 day!!!), or take me to court so that we can settle this, there was still no improvement and they kept on ignoring my requests to stop the SMS's. I started suspecting that these guys were running a scam. I spoke to an attorney who adviced me that I must get a copy of any credit agreement that I had with them - I also started asking for a detailed list of their fees as well as a break down of interest charges and the rate of interest charged - After several (billed) phonecalls all I got was those...4 line opening balance, paid, now outstanding pieces of paper. I stopped all repayments in 2007 every time that they phoned I refused to pay before I get a copy of where I signed for interest charges of 24% and a detailed breakdown of liability, interest, charges and fees for my attorney to take it further..they kept on saying that my attorney must get it..then I would explain that I have the right to ask for it...they would promise to get it posted to me...never to hear from them again. Case closed, right? Huh uh. Started phoning me again last month after a long silence. 3 times in one month I had to explain what I want from them - not a balance enquiry - A freaking detailed account history from start to date!
Today 8 May 2008 I spoke to Mbali and her supervisor Jafta - after insults like "why have you not paid your account since 17 - 5 - 2002?" (good God man I must have paid way more than R10 000 - R15 000 to them!) and Jafta saying he will e-mail my history now ("are you sitting in front of your system? I am sending it now") I have not received a thing. I phoned 011 560 4679 explained my whole story (again!!!), demanding a detailed history of the account, where after I received a call from Mbali again stating that although I owe more than R4000 they will settle the account for R2000. I declined and said that I want the detailed history record of the account. I phoned this number again and said that I want that record before the end of business today otherwise I will go to the Law Society, WASPA and every Debt Collectors body that I can think of - she put the phone down in my ear! (And I do hope that that call was recorded so that my tone of speech will be open for all to hear)
That was when I hit internet to look at my rights and found your blog. These people are for sure contravening the National Credit Act 34 of 2005, the Ursury Act of 1968 and the normally accepted guidelines of their profession
They harass people with calls, SMS's and threats, they pretend that litigation has already taken place etc.
Refuse to give consumers information regarding their accounts or proper statements of account, which they may legally not do.
The in duplum rule states that the interest levied on principal debt may not exceed the value of the principal debt, after June 2007 the amount of interest and charges after the consumer defaults may not be more than the capital owing at the time of the default. (They will clearly loose more than half of their 'book' if all their victims know this.)
Debt collectors can charge for necessarry letters, faxes or e-mails (how necessary is 6 SMS's per day after 3 calls, just to remind you of your agreement of 10 minutes ago when that agreement has been standing for longer than a year and you are paying every month? - or thanking you for your payment via SMS and then charging you more than R12 for the thank you SMS? Just to phone you tonight to confirm the settlement again?(Another R12+)
Over the 7 years they have often drawn up a settlement account and send it to me (of course charging me for it) - they may only do this at the request of the debtor.
For longer than 3 years I have tried to get them to give me a statement indicating the interest rate. No success there either. I suspect strongly that they have acted outside the law regarding the Ursury Act's interest rate cap.
Collection Cost may not exceed the cost incurred in collecting the debt - within guidelines set by Law Society and Debt Collectors Act.....now if I can just get my detailed statement......
During 2006 MBD started contacting me on another reference number for bad debt from Nashua - this was for a photo copy machine that was part of the liquidated business from 2001 - They used strong arm tactics to get me to pay. There was one exception - because this old huge photo copy machine only fetched R400 at the auction I remembered that it was absolutely settled as part of the CC's liquidation. I told them to get lost and that the debt had prescribed in any way. They still tried a couple of times, telling me to get police affadavits, curator reports etc before it went quiet on that score.
I see on internet that JM attorneys are affiliated with MBD - just to let you know, same procedure with JM attorneys and a Telkom account from 2000 that was also part of the liquidation in 2001. These are unscrupulous greedy characters that have to be stopped. I can not contribute money to your cause, but will gladly testify as part of a drive to get these guys sorted out. They have infringed upon my rights and it is time to fight back!
Nomorembd
Keep up the good work!
Fedup
PS If there is a sharp final year law student or two reading this, why not start an action whereby a reversal of all in duplum 'overcharges' are paid back to all victims and you take a 20% fee from those who sign up? And make name for yourself...and help clean up your profession...
(Thanks for this letter, Fedup, it will definitely help to clear up some questions. Regarding the lawayer - you will be glad to know that I have contracted the services of a young, sharp law firm who are out to make a name for themselves - tackling and defeating a fat firm like MBD is exactly the case they were looking for!) - MBD Victim
Rude staff
The so called attorneys are disgusting: they threaten, have no idea how to address a person (first name, I have not met them, do not want to meet them). The are pursuing me for matter that has seen its statute of limitations 10 years ago.
The disgusting woman who calls chews gum while talking if one can call that talk!!
(Contact details withheld)
The disgusting woman who calls chews gum while talking if one can call that talk!!
(Contact details withheld)
Modus operandi
Hi there,
Their modus of operandi does not change at all!!
I canceled my subscription for the Wine-of -the month club early in 2006. Trusting that my account has been settled, I received the first
call from MBD in March 2007. It's one year later and I am still being
harassed. I'm constantly faxing proof of payment thats been made *last
year October*. 'The payment cannot be picked up on their account' or
'We never received your fax'. How is this possible? I spoke to numerous people from MBD each with their own promises and rude telephone manners to no avail.
What else can be done?
Fully supporting your cause,
(Contact details withheld)
Their modus of operandi does not change at all!!
I canceled my subscription for the Wine-of -the month club early in 2006. Trusting that my account has been settled, I received the first
call from MBD in March 2007. It's one year later and I am still being
harassed. I'm constantly faxing proof of payment thats been made *last
year October*. 'The payment cannot be picked up on their account' or
'We never received your fax'. How is this possible? I spoke to numerous people from MBD each with their own promises and rude telephone manners to no avail.
What else can be done?
Fully supporting your cause,
(Contact details withheld)
Truworths
My story is;
My account is also written off a long time ago because i was out of work and had no income. I am not even on the Truworths system anymore. Then i got a sms a couple of months ago to pay Truworths immediately or be handed over to attorneys MBD. Nothing else - No names to contact. Anyway I started paying truworths via internet which the bank confirmed Truworths received. Two months later MBD send an sms they have not received any of the two payments I made. I have spoken to more MBD staff than people I have met in my life. I had to investigate myself what happenend to my payments because they did not bother to follow Truworths up when I sent them the proof of payments.My payments was lying at Truworths on their dormant accounts because they do not have me on their system anymore because it was written off and waited for someone to enquire. (which is also a little hard to swallow as an excuse) Anyway trying to explain to MBD staff and alot of them are extremely arrogant is like talking to a wall. I have sent my proof of payments for many of them to sort out with Truworths. They just ignore it. Truworths said they paid it over to MBD. Up to today it is still not showing. I told the last guy out of many to put on their computer that i am NOT REFUSING TO PAY but then they must must first locate my payments because until that is done I will not pay them any money further because between Truworths and MBD my two payments got lost. As if I am paying in vain here. No one bothers to sort it out just sending sms that the Sheriff of the court will be visiting me soon. I made copies of all these complaints should it go to court. MBD have to explain where is my paymentsTruworths sent them. O yes I found out there is about 1000 working at MBD according to one of the guys working there. So I have still 950 to phone me over the same problem.
Does the ombuds man know about thiese complaints I have read. Meaning I am not the only person.
(Contact details withheld)
My account is also written off a long time ago because i was out of work and had no income. I am not even on the Truworths system anymore. Then i got a sms a couple of months ago to pay Truworths immediately or be handed over to attorneys MBD. Nothing else - No names to contact. Anyway I started paying truworths via internet which the bank confirmed Truworths received. Two months later MBD send an sms they have not received any of the two payments I made. I have spoken to more MBD staff than people I have met in my life. I had to investigate myself what happenend to my payments because they did not bother to follow Truworths up when I sent them the proof of payments.My payments was lying at Truworths on their dormant accounts because they do not have me on their system anymore because it was written off and waited for someone to enquire. (which is also a little hard to swallow as an excuse) Anyway trying to explain to MBD staff and alot of them are extremely arrogant is like talking to a wall. I have sent my proof of payments for many of them to sort out with Truworths. They just ignore it. Truworths said they paid it over to MBD. Up to today it is still not showing. I told the last guy out of many to put on their computer that i am NOT REFUSING TO PAY but then they must must first locate my payments because until that is done I will not pay them any money further because between Truworths and MBD my two payments got lost. As if I am paying in vain here. No one bothers to sort it out just sending sms that the Sheriff of the court will be visiting me soon. I made copies of all these complaints should it go to court. MBD have to explain where is my paymentsTruworths sent them. O yes I found out there is about 1000 working at MBD according to one of the guys working there. So I have still 950 to phone me over the same problem.
Does the ombuds man know about thiese complaints I have read. Meaning I am not the only person.
(Contact details withheld)
Sunday, December 9, 2007
The 'Fat Cat' joins the fray!
Another letter - somebody actually got through to the main partner - Frans Basson:
'Great job.... nice to know I am not alone.
I also have a tale of woe. I eventually gave up and and paid them money that was not legally owing (the debt that prescribed as it was older than 3 years) just to get them off my back... but of course that did not work: the calls and SMSs continue. Nor did explaining till I was blue in the face.
Eventually I tracked down the email address of Frans Basson and sent him multiple copies of my complaint (in which I also said I would approach the National Credit Regulator if the matter was not resolved). His response: to threaten me with criminal prosectution!!!!!!
When I challenged him and told him I had an LLB he backed down. Now my complaint is with Anzel, the "Customer Care Department Manager". (Talk about a contradiction in terms... - MBD Victim)
I'll let you know what happens. And keep me posted on your battle! It's one thing to be an unscrupulous debt farm, but the SA public needs to know that such consumer giants as Woolies, Foschini and MTN are using these people. Unbelievable.'
(Name and details withheld)
Note by MBD Victim:
(Threatening you with criminal prosecution - what a joke! I have been demanding that they take me to court for years and they are either refusing to, or are unable to execute even such a simple action... Hahahaha Mr. Basson - nice try but no cigar!)
'Great job.... nice to know I am not alone.
I also have a tale of woe. I eventually gave up and and paid them money that was not legally owing (the debt that prescribed as it was older than 3 years) just to get them off my back... but of course that did not work: the calls and SMSs continue. Nor did explaining till I was blue in the face.
Eventually I tracked down the email address of Frans Basson and sent him multiple copies of my complaint (in which I also said I would approach the National Credit Regulator if the matter was not resolved). His response: to threaten me with criminal prosectution!!!!!!
When I challenged him and told him I had an LLB he backed down. Now my complaint is with Anzel, the "Customer Care Department Manager". (Talk about a contradiction in terms... - MBD Victim)
I'll let you know what happens. And keep me posted on your battle! It's one thing to be an unscrupulous debt farm, but the SA public needs to know that such consumer giants as Woolies, Foschini and MTN are using these people. Unbelievable.'
(Name and details withheld)
Note by MBD Victim:
(Threatening you with criminal prosecution - what a joke! I have been demanding that they take me to court for years and they are either refusing to, or are unable to execute even such a simple action... Hahahaha Mr. Basson - nice try but no cigar!)
Not even in the country!?
Even as I write the preditors are calling me!! I don't even have a debt - I wasn't even in SA when this so called debt occurred with Markhams. Nevertheless I am called day and night - I thought it was just me - UNTIL typed in MBD on Google - the puter exploded with info of other really distressed people. I have done the Law Society, Credit Regulators and Debt Collection Registers., no avail - the cattle employed by MBD are brainwashed retards who think harrassing people at night is sport - and have you seen their palacial offices on the cnr at Hyde Park?? Why should they stop?
Woolies...
Hi Anton
I finally had a breakthrough this week. After another phonecall from MBD I decided to phone Woolworths head office in Cape Town. I spoke To Jasheed in their financial dept. He finally did what I asked for the last five years and investigated my account. He found that the account had been paid in full in 2003 and he said that the account was closed. How it got to MBD nobody knows. He then faxed me letter of confirmation and said that he'll phone MBD. Now for the funny part. I phoned MBD and told them about the letter. The consultant told me I was lying and taking chances. I actually recorded the conversation with the consultants name! She said that they are not interested in any stories and I better pay the money! I phoned the next day and miraculously all my details were erased from their system. But not even as much as a SORRY WE HARASSED you.
Even though my problems are solved I would like to continue helping in any way I can. These guys are vultures and should not practise law. My husband-also a lawyer said that it is unacceptable practice. Please contact me if there is anything I can do.
I finally had a breakthrough this week. After another phonecall from MBD I decided to phone Woolworths head office in Cape Town. I spoke To Jasheed in their financial dept. He finally did what I asked for the last five years and investigated my account. He found that the account had been paid in full in 2003 and he said that the account was closed. How it got to MBD nobody knows. He then faxed me letter of confirmation and said that he'll phone MBD. Now for the funny part. I phoned MBD and told them about the letter. The consultant told me I was lying and taking chances. I actually recorded the conversation with the consultants name! She said that they are not interested in any stories and I better pay the money! I phoned the next day and miraculously all my details were erased from their system. But not even as much as a SORRY WE HARASSED you.
Even though my problems are solved I would like to continue helping in any way I can. These guys are vultures and should not practise law. My husband-also a lawyer said that it is unacceptable practice. Please contact me if there is anything I can do.
Markhams too!
I had quite a result today and want you to use the info to help others if you can.
In desperation I called Markhams HO and told them I would sue them for damages if they did not stop MBD from harassing me.
Today I got a call from Kurt Rauch who is the head of Foschini Group Collections in Capetown. His number is ...
He told me that they (and companies like his) offer their old debtors book to the market and companies like MBD bid or tender for the book. The successful bidder has to sign a contract to agree not to use the original company's name but can say it was previously a debt with Markahms, Woollies, Standard etc., Because of their dreadful experiences with MBD the Foschini Group will not allow MBD to even bid on their book now and they have nothing to all to do with them - except save people like me who complain.
I suggest everyone complains bitterly and relentlessly to the original creditor and make them take responsibility for handing their previous customers over to sharks and predators.
It worked very quickly for me, Kurt tells me that he personally has had my name removed from MBD files and that he checked to make sure I was not listed anywhere.
My case may be a little different in that I have never had any accounts - but nonetheless - these big concerns sell their debtors books to unscrupulous predators who then add illegal interest and charges and harass and threaten the original vendors customers to a point of despair - they must take responsibility and buy their books back - I am not even sure you can sell a prescribed debt?? Will get advice and refer back to you.
Kind regards and FIGHT ON BRU!!!!
In desperation I called Markhams HO and told them I would sue them for damages if they did not stop MBD from harassing me.
Today I got a call from Kurt Rauch who is the head of Foschini Group Collections in Capetown. His number is ...
He told me that they (and companies like his) offer their old debtors book to the market and companies like MBD bid or tender for the book. The successful bidder has to sign a contract to agree not to use the original company's name but can say it was previously a debt with Markahms, Woollies, Standard etc., Because of their dreadful experiences with MBD the Foschini Group will not allow MBD to even bid on their book now and they have nothing to all to do with them - except save people like me who complain.
I suggest everyone complains bitterly and relentlessly to the original creditor and make them take responsibility for handing their previous customers over to sharks and predators.
It worked very quickly for me, Kurt tells me that he personally has had my name removed from MBD files and that he checked to make sure I was not listed anywhere.
My case may be a little different in that I have never had any accounts - but nonetheless - these big concerns sell their debtors books to unscrupulous predators who then add illegal interest and charges and harass and threaten the original vendors customers to a point of despair - they must take responsibility and buy their books back - I am not even sure you can sell a prescribed debt?? Will get advice and refer back to you.
Kind regards and FIGHT ON BRU!!!!
Virgin Active - Sir Richard and his sidekicks strike again!
Dear Sir/Madam
I am writing about my recent horrific and highly stressful experince with Virgin Active Health Clubs, and specifically the one one at Brighton Beach, Durban, South Africa. I share this in the hope that other consumers will be warned.
It all began when my mother, God bless her, decided to buy me a one year contract with Virgin Active as a birthday present. The people selling us the contract were ever so helpful and pleasent and we stated repeatedly that this was just one year. A fact both I and my mother are prepared to swear to in a court of law. At the end of the year, after using the gym for a year, I did not return to the gym knowing that my time was up.
Imagine my horror when a few months later I was confronted with a summons from MBD Attorneys of Johannesburg with an outstanding account of some R874.35 (around $120) from Virgin Active. My wife went to the club where we had had our membership and we were told that they would 'sort it out' and we were not to worry, they understood that our membership was for only one year and this was merely an administrative error. They asked her to sign a 'letter of cancellation', which she had a copy but lost (not clever). So we left it alone and did not worry.
Unbeknowest to us this was just the begining of the nightmare. These people, MBD Attorneys of Johannesburg, began to phone us at our place of work, and continuesly state that we must pay them this money. When we asked on what grounds they can claim this money from us, we were told that the membership is for one year but has an automatic renewel attached to it. They also had no record of anyone 'sorting it out' so we were screwed.
So with out any warning, in spite of the fact that we had purchased our membership for one year only, and had paid for said one years membership with one payment, we were continuosly told that we owe money and had been 'handed over' to attorneys. Also this was in spite of the fact that we had only used the facilities for that one year and had not used them since.
You know in life there is morality and then there is the law, when they catch you they catch you. So after a while, out of shere frustration, I gave in and deposited the money into thier account. So I had to pay for around 8 months membership, without ever getting any benifit from said use. I wonder if taking something from somebody for nothing could be called theft?
It seems that the little guys are always the victims, there is not much we can do about this, but I would strongly hope that this experience is shared with as many people as possible as a warning to them.
My advice is ... if you consider joining a Virgin Active Health Club ... buy a bicycle instead ...
One ripped off ex Virgin Active Health Club Member ...
(Name and details withheld)
I am writing about my recent horrific and highly stressful experince with Virgin Active Health Clubs, and specifically the one one at Brighton Beach, Durban, South Africa. I share this in the hope that other consumers will be warned.
It all began when my mother, God bless her, decided to buy me a one year contract with Virgin Active as a birthday present. The people selling us the contract were ever so helpful and pleasent and we stated repeatedly that this was just one year. A fact both I and my mother are prepared to swear to in a court of law. At the end of the year, after using the gym for a year, I did not return to the gym knowing that my time was up.
Imagine my horror when a few months later I was confronted with a summons from MBD Attorneys of Johannesburg with an outstanding account of some R874.35 (around $120) from Virgin Active. My wife went to the club where we had had our membership and we were told that they would 'sort it out' and we were not to worry, they understood that our membership was for only one year and this was merely an administrative error. They asked her to sign a 'letter of cancellation', which she had a copy but lost (not clever). So we left it alone and did not worry.
Unbeknowest to us this was just the begining of the nightmare. These people, MBD Attorneys of Johannesburg, began to phone us at our place of work, and continuesly state that we must pay them this money. When we asked on what grounds they can claim this money from us, we were told that the membership is for one year but has an automatic renewel attached to it. They also had no record of anyone 'sorting it out' so we were screwed.
So with out any warning, in spite of the fact that we had purchased our membership for one year only, and had paid for said one years membership with one payment, we were continuosly told that we owe money and had been 'handed over' to attorneys. Also this was in spite of the fact that we had only used the facilities for that one year and had not used them since.
You know in life there is morality and then there is the law, when they catch you they catch you. So after a while, out of shere frustration, I gave in and deposited the money into thier account. So I had to pay for around 8 months membership, without ever getting any benifit from said use. I wonder if taking something from somebody for nothing could be called theft?
It seems that the little guys are always the victims, there is not much we can do about this, but I would strongly hope that this experience is shared with as many people as possible as a warning to them.
My advice is ... if you consider joining a Virgin Active Health Club ... buy a bicycle instead ...
One ripped off ex Virgin Active Health Club Member ...
(Name and details withheld)
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