I've Been Completely Humbled!

Oh sweetie, you should not have been subjected to this hell. It sounds like they are violating the Fair Debt Collection Practices Act.

For example, debt collectors may not:

• use threats of violence or harm;
• publish a list of consumers who refuse to pay their debts (except to a credit bureau);
• use obscene or profane language; or repeatedly use the telephone to annoy someone.

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I think you should report these people.

Where can you report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

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From the http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Originally Posted by katachtig

Oh sweetie, you should not have been subjected to this hell. It sounds like they are violating the Fair Debt Collection Practices Act.
[/list]I think you should report these people.
From the http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

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Unfortunately those laws apply to the US. I'm in Canada and TBH I don't know what the laws are governing this. I did tell the bankruptcy firm about what MBNA has been doing to me for more than 3 years and they asked me if I had called the BBB, the police, lodged a complaint with the company etc. And told me that what they have been doing is considered harrassment. But she didn't site any particular laws to me. Because MBNA does their collections "in house", they are not subject to the same laws that govern general bill collection firms.

I had written numerous letters to MBNA asking them to cease and desist their harrassment of me and went on to relay all of the tactics and things said to me by their collection staff. Nothing was done.

But in January I plan on sitting down and drafting a long letter to the BBB about them, as well a writing a letter to the editor.

No one deserves to be treated with the complete disrespect that I was treated with. Yes, I know they were only doing their job, but there is such a thing as doing their job and harrassing someone. These people are vultures and competely forget that they are dealing with actual people who didn't choose to not pay their bills, but just can't pay them for whatever reason.

I'm sorry, I wasn't paying attention to your location.

I did some investigating and Manitoba's Consumer Protection Act is indeed illegal to

(f) make telephone calls or personal calls of such nature or with such frequency as to constitute harassment of the debtor, his spouse or common-law partner or his family; or

....
(j) make a telephone or personal call or attempt to make a telephone or personal call to or on a debtor to demand payment, or negotiate for payment, or seize or levy distress against goods
(i) on a Sunday, or
(ii) on a holiday, or
(iii) on any other day except between the hours of seven o'clock in the morning and nine o'clock in the evening; or

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From what I can see, the complaints should go to
Manitoba
Manitoba Finance
Consumer and Corporate Affairs
Consumers' Bureau
Suite 302, 258 Portage Avenue
Winnipeg MB R3C 0B6
Tel.: (204) 945-3800
Toll Free: 1-800-782-0067
Fax: (204) 945-0728
Email: [email protected]
Website: www.gov.mb.ca/finance/cca/consumb



I know you need to take care of your health first, but I want you to have some power in this situation.

Thank you for that! I will definitely be contacting them about MBNA! That company should be shut down because of their strong arm tactics!

Originally Posted by katachtig

I'm sorry, I wasn't paying attention to your location.

I did some investigating and Manitoba's Consumer Protection Act is indeed illegal to

From what I can see, the complaints should go to
Manitoba
Manitoba Finance
Consumer and Corporate Affairs
Consumers' Bureau
Suite 302, 258 Portage Avenue
Winnipeg MB R3C 0B6
Tel.: (204) 945-3800
Toll Free: 1-800-782-0067
Fax: (204) 945-0728
Email: [email protected]
Website: www.gov.mb.ca/finance/cca/consumb



I know you need to take care of your health first, but I want you to have some power in this situation.

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I totally understand where you are coming from. I never answer my home phone. In fact, I have the ringer off. The only reason I have a home phone, is because it is required for my DSL. I don't have an answering machine right now. The other one broke during our move.

We are considering bankruptcy but are waiting until we see what the forclosure paid. It is my understanding when they forclose on your house, they also pay any liens against the property so it is free and clear. If they come after me for more money, then we will declare.

well done, Linda! It is difficult to do, but you will feel so much better in 9 months.
My mother had to declare bk a few years ago. My youngest brother and I worked overtime for months trying to get enough money to help her save her house but it didn't work. She is in a small apartment now and, while still not flush, she doesn't have the huge debts looming.

The tactics used by the collectors are completely illegal. We had someone like that calling a co-worker constantly (at work!) and would not stop the harrassment and abuse. It is illegal for them to call a person at work after they have been told not to. Same thing if they have been told to call an attorney. I hope you get them good!

MBNA has to be one of the worse.
when i travel for work, the will normally give me a company cedit card. One time, they did not give me the card, so i went ahead and left, was on the road for almost 2 months , ran up a bill of over 4,000 dollars,

i was shocked when
A) work gave me the money back in about 2 weeks. so i paid it off.
B) I still get phone calls from MBNA about when am i going to pay it back.
the best i fiqure out is maybe if someone from mbna would call that understood english,


i cancelled there card 3 years ago cause of this and i still get calls about a bill, that was paid off the next month.

Anyway, the most important thing right now for you, is get back to being able to work,take care of your self first. besides the cats

Originally Posted by theimp98

take care of your self first. besides the cats

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My kitties always come first. I always made sure that the cupboard has been stocked with the foods that they like to eat, even if I had to go without.

MBNA called me 3 more times after that guy called me early this morning. The 3 subsequent calls were automated messages. As soon as I heard them I just hung up. I'm calling the Trustee on Monday about this.

It's 9:30am Monday and I've already gotten 2 automated telephone calls from MBNA.

I just called the Trustee about it. I've had enough. I've given MBNA the phone number 3 separate times to the Trustee, including once to the direct line of the person who is handling my bankruptcy, yet they are still calling me 2 weeks later!

I just got a return call from the Trustee. They told me that they just got off of the phone with MBNA and has told them that if they call me again that a complaint will be filed against them.

I still plan on filing a complaint against them on my own for all of the harrassing tactics and stunts that they have been pulling on me.

just keep writting down all the calls, and try it
in truth i cant stand them.

Well, one month gone and a few days shy of 8 more to go before I am discharged!

The holidays are over and I am officially in the physical rehab program (I went for orientation yesterday and start with the education and exercise part tomorrow), and life is looking a whole lot more optimistic right now.

I am no longer getting calls from creditors.

I don't know what is happening with my computer. I haven't heard anything yet. From what I understand is that the leasing company is supposed to provide the Trustee with proof that the equipment was used to secure the loan, and if it was, they can either take it back or allow me to continue to make the monthly payments on it as I have been (the choice would be up to me). But I haven't heard one way or another about what is happening with that.

Sending vibes of encouragement & support out your way These circumstances can happen to ANYONE!
When I got hurt in a car wreck, I managed to work at waiting tables for a year (my co-workers were creative - they'd carry my trays while I "sold" wine & desserts to their tables, etc.). Then my neurologist told me that for my lawsuit, I'd need to prove that I didn't have carpal tunnel causing my numb hands (why, when I also had numb feet, but anyway, that's a lawsuit for you). I didn't have insurance, so the doctor suggested that I find out my company's worker's comp carrier & see if their doctor would evaluate me at the worker's comp price. I had to call the corporate office & Oh NOOOO - the secretary inadvertently started a worker's comp claim for me The WC promptly called the restaurant & told them I couldn't work until I was evaluated by THEIR doctors & since there wasn't a dr. in their network within 200 miles, they'd vendor a local doctor. So, from July till late Sept. I had NO income - totally reliant on my parents supporting me
Once I stopped working, I just atrophied & got depressed and haven't made it back since; I did get married, so that helps, but it's a rocky marriage

Originally Posted by Natalie_ca

Well, one month gone and a few days shy of 8 more to go before I am discharged!

The holidays are over and I am officially in the physical rehab program (I went for orientation yesterday and start with the education and exercise part tomorrow), and life is looking a whole lot more optimistic right now.

I am no longer getting calls from creditors.

I don't know what is happening with my computer. I haven't heard anything yet. From what I understand is that the leasing company is supposed to provide the Trustee with proof that the equipment was used to secure the loan, and if it was, they can either take it back or allow me to continue to make the monthly payments on it as I have been (the choice would be up to me). But I haven't heard one way or another about what is happening with that.

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So...you might not be able to keep your computer?

What you have done is very brave - don't feel bad about it!!

Originally Posted by kluchetta

So...you might not be able to keep your computer?

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Nope. I might not be able to.

Two months down and 7 more to go!

I haven't heard from the finance company about my computer, so dare I hope that I can keep it? Guess time will tell. They could just be slow in getting their paperwork done.

I paid them $600.00 down and $100.00 per month for 8 months, so it's possible that they are writing off the balance. I sure hope so. I don't know what I'll do without a computer. It's a life-line to the outside world for me.

I can totally relate to you.
I declared bankruptcy late 2006. It was a huge weight off my shoulders.
It was a debt incurred by my ex husband ( but in my name because he couldn't get any credit).
I could only afford to pay the minimum and the debt was hanging over my head for about 8 years. I have a young child to feed, clothe, school and entertain with no help from his father.
I was depressed, on anti-depressants and in the end I didn't even have enough money to buy food for my son's school lunches. I had to cancel my son's swimming lessons which were $11 a week. It was something he enjoyed but I just couldn't afford it any more. School was always wanting money for this , that and the other thing.
By late 2006 I had to do what I thought I would never do.
I had to go to a community house and ask for food vouchers. I was so embarrassed. I am a proud person and like to do things for myself.
But I didn't know how I was going to feed my child. Things had gotten so bad.
When I was at the commmunity house I had to sit in a waiting room with some undesirable looking people ( drug addicts etc) . I was clean, dressed decently and I felt so ashamed. I started crying.
When it was my turn to see the counsellor.......they couldn't have been nicer.
They gave me vouchers and even some bags of food from their kitchen.
Sometimes you just have to swallow your pride and do something to get you through.
Nowadays I am still struggling to a degree ( the working poor), but it is so great not to have that debt hanging over my head.
It was a nasty reminder of a bad marriage. Also, the ex husband hasn't contacted us for nearly a year. So That is a relief as well.
I was able to move to a new town ( because my ex husband moved into the same street as me in my old town) and start fresh.
My credit rating wont be cleared for another two years, but at least I don't have to "rob Peter to pay Paul" all the time.
I live day to day but at least my child wont go hungry.
And by the way I have a most beautiful son......who never asks for anything.
He knows Mummy can't afford much and he is happy with what he has.
When asked by school to make a Xmas wish list.........he just wrote " I would just like Santa to give me a surprise..........and a pair of socks"

Chin up Nat, good things will come your way.