MBD debt collectors.

ld13 said:
Just note that this rule is supposedly not applied as one would expect it to be applied. Given actual debt of R1000 one would expect that one should never have to pay more than R2000 in total.

Had a case recently where the attorney brushed it off like something minor when I asked about this specifically. In short, if I even remotely understood her correctly, they supposedly interpret in duplum like this ... Given actual handover debt of R2000 (R1000 actual debt PLUS R1000 interest+legal fees and whatnot already charged) one would expect that one should never have to pay more than R4000 (R2000 towards the actual debt and R2000 towards the new legal fees/interest) in total.

Does not matter if I misunderstood her, my query about an outstanding debt being more than double the original debt was brushed off leading me to believe I understood her correctly. A R1000 liability can become a R4000 one without much trouble.
Click to expand...

Nope, she pulled the wool over your eyes.
 
The NCA clearly states that the debt CANNOT increase by more than double on the date that the debt went into arrears.
 
marco said:
The NCA clearly states that the debt CANNOT increase by more than double on the date that the debt went into arrears.
Click to expand...

But surely that's open to interpretation.

e.g. you owe R2000, it goes to R4000, you pay R1000, so you owe R3000, and stop paying for some reason, then they just add interest till its capped at R4000 again?
 
xrapidx said:
But surely that's open to interpretation.

e.g. you owe R2000, it goes to R4000, you pay R1000, so you owe R3000, and stop paying for some reason, then they just add interest till its capped at R4000 again?
Click to expand...
No. You stop payment at R3000 then they add costs and interest to R6000.
Another trick is to phone you every time you make a payment to thank you for the payment, then they add R100.00 telephone costs to you bill. I keep telling them not to thank me to no avail.
 
From: scudsucker <[email protected]>
To: [email protected], [email protected]
Content-Type: multipart/alternative; boundary=089e0158aef49be9c004d0177cb3

--089e0158aef49be9c004d0177cb3
Content-Type: text/plain; charset=ISO-8859-1

If you retards would care to try to match your Truworths account data (ref
10101102549979) to my RICA registered phone number, 083 XXX XXXX, I would
be very grateful.

If, on the other hand, you choose to keep miss-sending your demands to the
WRONG ****ING PERSON, you'll have to spend some time researching the ECT
and CP Acts... and trying to get all of your electronic communication
channels (email, sms, phone) off the blacklists.

Oh, and an apology for your errror would be nice too.

Scudsucker
Non-truworths customer
 
Surprisingly, the Executive Director (Christopher Guy Harradine) directed some flunky to respond, just a few hours later:


ATTENTION: MR SCUDSUCKER

Date: 05 December 2012
Per fax:
0866814722

Our ref:
Direct tel:
Direct fax:
Email:

CUSTOMERCARE
(011) 560 4399
(011) 560 6599
[email protected]

Dear Sir/Madam

We refer to the above matter.

We are communicating with you in connection with the telephone call you recently received
from us, and wish to advise you that the phone number has been deleted from our system.

Without reserve, we apologize for any concern, disruption or inconvenience, which our error
may have caused.

Should you require additional information please do not hesitate to contact us.

MUNNIK BASSON DAGAMA CS
Click to expand...
 
scudsucker said:
Surprisingly, the Executive Director (Christopher Guy Harradine) directed some flunky to respond, just a few hours later:
Click to expand...
Lol...lucky you...for now, until next week when the SMS's and phone calls resume!! :D
 
I also had a major issue with these people who try their luck... Got an email address off the net and threatened them with legal action. They promptly removed my name and sent an apology letter. These types give the legal profession a bad name.
 
xrapidx said:
I would say they did - and don't admit that you paid the original debt.
Click to expand...

I think you are quite right. Although they changed my reference number to this old Credit Card account number does not mean I paid it into this old account. I paid it into THEIR account using the reference number that happened to be the same as the account number.
This will be my argument in court. So I did NOT revive the account.
Hope it holds up.
 
What they are allowed to charge.

marco said:
No. You stop payment at R3000 then they add costs and interest to R6000.
Another trick is to phone you every time you make a payment to thank you for the payment, then they add R100.00 telephone costs to you bill. I keep telling them not to thank me to no avail.
Click to expand...

Just for reference here is a (not complete ) list of expenses and fees they are allowed to charge:
Necessary ordinary letter, registered letter, facsimile or e-mail: R 15.00

Necessary electronic communication, other than facsimile or e-mail, (per electronic communication): R 2.00 (max of 10 per month)

Necessary phone call, which is not a consultation (per call): R 15.00

Other necessary expenses not specifically provided for, a total amount of: R 15.00

Correspondence received and attended to: R 7.00

Note: The total amount to be recovered from the debtor in respect of items 1 to 7 of the Annexure shall not exceed the capital amount of the debt or R736, 00, whichever is the lesser.
Click to expand...

Why any call/email/SMS is "Necessary", is open to interpretation , I guess.

Full Anexure of Expenses and fees HERE:
 
Stop the calls and start afresh, on paper.

marco said:
I think you are quite right. Although they changed my reference number to this old Credit Card account number does not mean I paid it into this old account. I paid it into THEIR account using the reference number that happened to be the same as the account number.
This will be my argument in court. So I did NOT revive the account.
Hope it holds up.
Click to expand...

Absolutely correct.

BUT, you need to stay out of court. At this stage do not prepare for court, prepare to communicate with them.
In WRITING ONLY. Let them know in writing that you will only accept their communication in WRITING ONLY and that any further phone calls will be considered as harassment and treated as such. Do not dispute anything they say. Ask for clarification and proof.

Stay away from the telephone. You know what happened, you lost your cool. They are trained to get you to admit to what they want you to admit to. On paper they don't fare so well because you have a few weeks to think calmly about a response instead of seconds under emotional stress.

You must get in "penpal"-mode, where you write letters to each other. They hate that because now everything is really recorded. Their recording system only "keeps" recording that favour them.

From this point on forward you must never disagree with anything they communicate in writing. If they lay a claim, accept it CONDITIONALLY, upon proof of claim that < insert all your conditions here>.

If you disagree, you create a CONTROVERSY and that can only be sorted out in a court.

They WANT:

1. You to AGREE you owe them R xxx.xx ( You lose, they win - they easy way )
2. You to DISAGREE you owe them R xxx.xx ( You lose in court, they usually win, the trauma/cost is on you )

They DO NOT WANT:

You to CONDITIONALLY AGREE upon PROOF of Claim of their allegations against you.

Google "Conditional Acceptance"

This advice comes a long way...
 
Thanks Sky. I will keep that in mind. I will send an email to them to only contact me in WRITING only.
On further research I found that I can file CRIMINAL charges according to a certain act for scamming me and harassment.
I think they know this as I have not heard from them for 3 weeks. Unless they are starting legal proceedings.
 
marco said:
Thanks Sky. I will keep that in mind. I will send an email to them to only contact me in WRITING only.
On further research I found that I can file CRIMINAL charges according to a certain act for scamming me and harassment.
I think they know this as I have not heard from them for 3 weeks. Unless they are starting legal proceedings.
Click to expand...
I doubt that, my colleague has been getting the same legal proceedings threat for the last 18 months and nothing has come of it. They also threatened us with that with the husbands tv license and I asked them to please DO start proceedings...still waiting!! You have been given excellent advice here, don't let these guys bully you any further!!
 
CODE OF CONDUCT FOR DEBT COLLECTORS
5.(3) In collecting or attempting to collect a claim a debt collector shall not –

(b) misrepresent the true nature of his or her business, or threaten to
institute legal proceedings, whether civil or criminal, if there is no
intention to carry out such a threat;
Click to expand...

So, threatening with legal action and doing nothing for 18 months is already a breech of their code.
Your colleague should write them a letter and tell them to STFU or be reported for breaking rule 5.3(a)
 
Sky, you seem to be very knowledgeable about this. Is it because you have researched due to you becoming a victim or are you in a legal profession?
 
I've been getting SMS's from these guys about some ABSA account that should be settled etc.
I have never had an ABSA account or even dealt with them.

Should I be worried or can this be ignored?

I will mail ABSA accounts department to make sure nothing has been taken out in my name.
 
PsYTraNc3 said:
I've been getting SMS's from these guys about some ABSA account that should be settled etc.
I have never had an ABSA account or even dealt with them.

Should I be worried or can this be ignored?

I will mail ABSA accounts department to make sure nothing has been taken out in my name.
Click to expand...

Ignore the SMS's, if they end up trying to phone you threaten them with a harassment charge, they will run away.
 
ToxicBunny said:
Ignore the SMS's, if they end up trying to phone you threaten them with a harassment charge, they will run away.
Click to expand...
They tried the same with some standard account - never had one, they sent sms, letters even, phone calls. If they call, they will get snarky on the phone, just deny, deny, deny. Whatever happens say you don't acknowledge any debt, have never had an Absa account and now they are harassing you. The burden of proof is on them, someone probably gave them some random number and they linking the debt to you. The last phone call I got was 2 years ago, I told them in these exact words" **** off, you harassing me" been quiet since then.

Yeh also told them I have kept all their messages as proof of harassment, still have them.
 
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