Hi! I would also like to make it know to the public my story …

I opened a two year contract with Virgin Active in Athlone Gatesville. One day I received a call from Virgin Active themselves to inform me that I have missed a months payment and the very next day I went and paid them in cash and together I also closed off the account which was like R300 or so (year 2005). The staff member assured me that all was in order…!

Three months down the line I get a call from MBD Attorneys saying that I owe them R700 – of which I Refused to pay as I have settled it with Virgin. How frustrating. I ignored that call as I knew it was a mistake in their side and asked them to sort it out with Virgin Active.

The Following month they called me again and the amount due was more….every time they called they would charge more…how ridiculous! After that my wife ended her gym contract -I could not understand how they this immoral system works between Virgin Active and MBD as they are both to blame for the unorganized system in which they work! Well all in all, been paying them off for the past 3 year which meant I was blatantly screwed by Virgin active and MBD! Its now 2008 and I am almost done paying them thousands of rands.

If I could just shout out to the South Africa and the World that Virgin Active and MBD Attorney are Immoral and will rip u from your life! Don’t Do it!

Thanks

MBD AND VIRGIN ACTIVE VICTIM

http://free.financialmail.co.za/innovations/0905/binn.htm

Unbelievable!

To review one or two of the statements made in the article:

1. ‘MBD has turned debt collecting into a science with a powerful combination of innovative technology, psychology and processes. ‘

The only ‘psychology and processes’ that I have seen in action are those of intimidation and harassment – bullying consumers into paying off debts that are often non existent…
The process is also designed in such a way as to make meaningful communication and access to statements virtually impossible.
Has anybody out there ever received a statement declaring that a debt has been settled after making payment? I have yet to receive such feedback. I only get reports of settled debts getting reactivated with extra interest and fees added…
Has anybody (of the select few who have managed to wrest a statement or two from Cerberus) ever received two statements that do not conflict!? I doubt that too…

2. ‘Breaking more kneecaps than the next guy is not the way MBD got ahead. Nor was it by threatening debt defaulters with legal action. Indeed, over 90% of the company’s collections are received through amicable negotiations, against an industry standard of 26%. ‘

No threats of legal action!? Please, don’t make me laugh… That is ALL they do!!! I have countless copies of emails and sms’s stating the direct opposite. Too bad they are a bit slack when it comes to actually engaging in direct legal action…

Have any of you ever had an amicable conversation with MBD call centre staff member!? Please let me know – it will be a first…

There are a lot of ways to ‘break kneecaps’ without resorting to violence. What would damaging a person’s credit reputation because of a proscribed or non-existent debt be called? The effect is more crippling than any broken kneecap…

MBD also knows very well that they cannot afford to take these matters to court as the truth has a way of coming out during court hearings. Why do you think I have been demanding a court subpoena for 7 years with no result!? I have also yet to receive an email from somebody that has actually seen the mighty MBD generate a subpoena. I do, on the other hand, have quite a few letters from readers who have been unable to get one, like me…

3. His bags were packed, his house was sold and he had cash in the bank. Debt collections specialist Frans Basson had a ticket to the world and he was determined to enjoy the ride.

(What a pity he didn’t use his ticket… It’s never too late to leave Mr Basson! I hear the weather is great in North Eastern Siberia…)

I can only assume that the facts were not as easy to find by using a simple Google search at the time of publication….

Please Ms Planting – check your facts before going to print! Your readers expect more from you.

Please read his letter below, it contains very handy information.

Thanks Malcolm!

MBD Victim

‘There is no doubt that the consumer is much better protected then ever in the modern history of this country. South Africa can also be proud that the consumer protection framework in this country is amongst the most advanced in the world. However, as the government has felt compelled to enact the National Credit Act to protect the consumer, it would be naive to expect the creditors and their attorneys to change their practices built up over many decades over a short period of time. That just won’t happen. Get used to it. Here is a very short article on dealing with attorneys like MBD.

1. Stand up for your rights. Don’t take nonsense. Never let people talk down to you, you are as good as them. At the same time, treat the people who deal with you with respect.
2. Willingness to pay. You obviously have to be willing to discharge your obligations.
3. Ability to pay. You have to have an ability to pay, but it is your assessment of your ability to pay that is important, not anybody else’s.
4. You have to have all the documentation. Here we are talking about the documents signed by both parties, not the unsigned documents. Make sure you ask for and receive a copy if you do not already have.
5. All contracts must be complete. There should be no blank spaces. If there are spaces ask why.
6. Be found – if you have a credit agreement you have to ensure that the creditor or the attorney has your current address. You are not running away.
7. Answer your *&@#$ phone – do not let your phone ring out because it may be a creditor or attorney that you do not want to face. It could also be your daughter or the date you have been chasing. You simply can’t live your life in fear like that.
8. Check if the attorney is acting as an attorney or a debt collector. If it is as an attorney fine, if it is as a debt collector then you are under no obligation to deal with them. Deal directly with the creditor rather.
9. When dealing with your creditors or attorneys make sure you put everything in writing, either fax or e mail, never ever phone. Quite often creditors will tell you they don’t have an e mail address. In today’s age, no e mail address! If this happens to you then ask for the e mail address of their superior. Don’t take no for an answer.
10. Keep your records.
11. Don’t listen to negative talk from the creditors. Also don’t listen to threats. Never think “oh, they must know better”, quit often it simply is not true and they are just trying to bully you.
12. Understand that you are under no obligation to accept phone calls. If you do accept phone calls, only do so at times that is acceptable to you. Don’t accept calls at 8pm at night or weekends if you consider it an invasion of your privacy. You try phoning the creditor after 5pm and you won’t get hold of them, so why should it work the other way round.
13. The call centre operatives often will not talk to you unless you answer a few security questions. So refuse to answer.
14. “Please be advised that this call is being recorded” – That’s nice, but who has the recording, not you. Additionally, if you do talk to call centres, ask them to make a note of something that you say. The next time the call centre phones, ask that person to tell you what you said last time. Most often they can’t because they only record what they want to record, not what was actually said. Alternatively they get it wrong.
15. Sms’s – If you receive, just delete. The exception to this is if you receive an sms threatening legal action. Do not delete these, as you can use them to your advantage.
16. If you receive a letter stating it is in terms of Section 129 of the National Credit Act it is vitally important that you deal with it.
17. You may be told that your agreement doesn’t fall under the National Credit Act because it is pre-existing. This quite often is not true, but you need to check it.
18. If you have not paid your debt in three years and the creditor has not taken any action it may be prescribed (no longer due) in terms of the Prescription Act 1969. This is often the case with MBD Attorneys and the like, but you need to be sure.

Malcolm Larsen
www.debtselfhelp.co.za’

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

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