On July 21, 2006 I got home around 1pm. The phone rang and rang. I don't have call display and my sister back home had been in the hospital at the beginning of July gravely ill. I picked up the phone and it was MBNA Canada looking for my business partner/roomate.

I said he was not here hung up traced the call twice. The 3rd call he took over my telephone line for an hour to an hour and half. I unplugged, took batteries out you name it I tried and everytime I picked up there was no dial tone but simply this guy on the other end of the line.

My roomate emailed the ombudsman which forwarded the email to a manger which in the end just dished out a debt owing form of letter.

I want to post part of the document I wrote on the harassment on this day for you:

On Monday July 21, 2006 between the hours of 1pm and 2 - 2:30 pm an MBNA Employee called my home. I got there around 1 pm. the telephone rang over 60 times to after which I answered. I traced the call through *57 twice. He asked for Mr. ****** who was not here, he was at work and I told him so. This employee ****** went on to falsely accused me of being Mr. *******, who I am not and after being told so several times; I am a Canadian Francophone.

Three calls were made; the first two I traced with *57. After the third one ****** from Travel Rewards MBNA Canada took over the telephone line to which for this time I was not able to call out or receive calls at all. Every time I picked up and he was still on the line (this is somewhat distressing and creepy). After an hour I yelled in the phone (yes I lost my temper after an hour or so of this) that he get off and still he did not; he stated since the number is under Mr. ******* name then he had every right to tie up the telephone line.

I picked up, told him to leave a message and then release the line. He went on to say that he had left one already which he did last week basically accusing me of not giving Mr. ****** the message which I did. When I told him to leave the telephone line alone he told me since he is under ******** name then he had the right to do this.

****** from MBNA Canada kept calling me ********* which I told him I was not him. Falsely accusing someone of being someone they are not and repeating to call them under a false pretense (such as calling me ********) is harassment.

My 17-year-old dog suffers seizures. She did get one on Monday July 21, 2006 but it happened at 4pm. There was no way I could have reached the vet if I would have had to rush her in. If Shelby had a seizure between 1 and 2:30pm and something would have happened I hold Gabriel and MBNA Canada .

My sister Suzanne who lives in Ottawa, as does my whole family, was gravely ill and hospitalized July 6 to July 11, 2006 and is now with the use of an oxygen tank. If a family member needed to reach me July 21 between 1 and 2:30pm if something urgent happened there was no way they would have been able to (If proof needed of her illness she will send paperwork as proof).

If I myself had an emergency at that time there would have been no way I could have been able to get help since Gabriel from MBNA Canada would not leave my telephone line, refusing me any and all incoming or outgoing calls.

Yes we have credit problems but this unethical practice of theirs is clearly beyond any harassment I have ever heard of. If my dog would have suffered at this time and there was no way for me to contact the vet I would hold MBNA Canada totally accountable; if an emergency happened with my sister, my mother or any other member of my family and there was in no way they could call me because of this matter, I hold MBNA Canada totally accountable. If my health or well being suffered at that time and I could not do any outcalls due to his behavior and harassment, I hold MBNA Canada totally accountable.

I told him that if he did not release my telephone line I would call the police to which he responded that I do not threaten him; FACT: I did notify and seek advice from the RCMP on this matter

Under Part XII Collection Practices - Prohibitions of the Consumer Protection

Act

Section 98

(d) verbally or in writing, collect or attempt to collect money or effect or

attempt to effect seizure of goods by stating an intention or threat to

proceed with any action for which he does not have lawful authority.

Calling someone and giving them half an hour to come up with a payment stating you will match the amount???? We totally do not understand this motive and I, ******** am not an expert in law but I told Mr. ******** it sounded like a bribe but this is only my way of thinking.

********* feels such tactics are unprofessional. He has in the past worked at a banking institution and has never heard of such business dealings. He feels that this sounds like a ruse or something of such nature.

(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.

Non stop calling for an hour or more and tying up a telephone line so no

outside calls could be made.

(n) make telephone calls or personal calls of such a nature or with such

frequency as to constitute harassment of any person in an effort to determine the present whereabouts of a debtor, his spouse or common-law partner or his family.

After multiple calls and not being able to use the telephone to call outside

Due to this ******taking over the line, he was asked to leave a message and get off the telephone to which he responded that since the telephone was in Mr. ********** name then he was allowed to act in this manner. I was able to cut him off by dialing to the internet and leaving my connection on for over an hour and incurring fees for this since I have dial up only for a certain time. I telephoned MTS Services explaining to them how MBNA was harassing me and what he went on to do and had to have my telephone number changed to which more fees were incurred. It took them less then 10 minutes to change the number due to the circumstances involved. Asking me also for Mr. ******* cell number and where he was at that moment.

Speculation aside the fact remains that if a situation of a serious nature or life threatening matter had occurred at this time, no one including myself would've been able to get through in or out; I hold MBNA Canada accountable.

Harassment by Debt Collectors

Taken from MultiLingoLegal Website

Not many years ago, debt collection practices weren’t regulated by any laws.
Not surprisingly, this state of affairs led to abuses, including midnight phone calls demanding payment, complaints to a debtor's employer about the debt, and threats of terrible consequences.

Harassment is forbidden.
The general rule is that anyone collecting a debt – either a creditor or a debt collection business – cannot communicate or attempt to communicate with a debtor or their family, acquaintances or employer in a manner or with a frequency that it constitutes harassment. Harassment is defined in the Business Practices and Consumer Protection Act to include the use of threatening or intimidating language, exerting excessive or unreasonable pressure, and publishing or threatening to publish the debtor’s failure to pay what they owe to the creditor. I’ll explain some common examples of these types of harassment now.

Creditors and debt collectors cannot intimidate you.
They’re not allowed to contact you, your family, or your employer in such a way that it may cause alarm, distress or humiliation. For example, they cannot phone your home every ten minutes (although it was not every ten minutes, he would not release the line for an hour or so) all day long demanding payment, if that tactic distress your family members. Similarly, they aren’t allowed to stand on your front lawn with a megaphone, demanding payment, for all your neighbors to hear. Those are extreme examples, but many more subtle techniques are forbidden as well.

The episode of July 21, 2006 concerning MBNA Canada and their employee falls within the "extreme" examples of harassment. Denying someone free access to their telephone by taking over the line I feel would fall under:

The Criminal Code of Canada prohibits indecent, threatening, or harassing telephone calls. This applies to all collection persons; therefore if you are being harassed, report the calls to the Consumer Protection Branch of your provincial government.

It is very distressing that after unplugging the telephone, removing the batteries from the receiver that this MBNA employee Gabriel was still on the line. I felt like I was being stalked. It is truly stressful and intimidating whenever you pick up the receiver and this person ***** still has not released the line.

We have contacted the Federal Security of Financial Institutions as per say by the Manitoba Consumer Bureau. We have contacted the CRTC which also deals in telecommunication regulations to which a copy of this letter was emailed and which on their part was forwarded to MTC services in dealing with their provisions in cases of harassment.

******** and I *********, are ready anytime to stand in front of a judge in a Canadian court of law under oath and swear on the bible to speak the truth which has been outlined in this letter

This is the jest of the document which I sent to the MB Consumer Bureau, the CRTC (which forwarded it to MTS), the OBSI (Ombudsman of banking services and investments), the Prime Minister Stephen Harper also. I have talked to someone I know who works with the RCMP and she called it Creditor Stalking.

Whatever will happen at this point I'm not sure but I am ready to take these matters to court and file charges for harassment and stalking and not releasing the telephone when asked to do so in cases of emergencies and life threathening situations that might have occured at this time.

I have also sent forward a copy of this document to a lawyer in Toronto who deals with situations such as this.

Sorry if this was such a long piece and thank you for your patience.