Applying the methodology of Bullying(BBBP)

BBBP stands for Big Brother's Bullying Practices(s)

What I am referring to here is not the everyday bully that is described in Wikipedia as being the one that bully your child at school.  Everyone knows someone who knows someone that has either been physically or mentally bullied at school or work.  There are all sorts of suggestions out there that will give you indications of how to handle these situations. This is not the place for that.

Today I am on about a much more sinister and methodically planned and executed bullying tactic being applied by South African Banks.  When I make the statement  of whether they have a formal or informal division that devise and execute these actions it begins to sound like an exercise in conspiracy theories, doesn't it.

Look at the following scenario and decide for yourself :
In South Africa we have various acts of parliament that was recently promulgated and are in full force.  I refer to the National credit act that prescribe to banks ,among'st others,   how to interact with consumers and what is allowed and what is not.

The other major breakthrough was the enactment of the Consumer affairs act which again prescribe the relationship between supplier and customer (provider and consumer) and the rights of both parties are firmly entrenched.

The last act that needs to be mentioned here is the Financial intelligence act or FICA for short. This act has only two major issues at hand. The first is to force credit providers and banks to "know their client" Know who he is, and where he lives and what he does with his money.  The second is to curb money laundering.  It has thus nothing to do with a clients' chosen domicilium address which can be changed at will by the client and there is no obligation on the side of the client to prove anything about this address - he merely has to choose it and of course tell the financial institution involved that he has chosen this address.

Any law or act is only effective if is policed and applied by all parties concerned.  Corporate South Africa will always see how far they can push the boundaries to suit their causes and if this pushing of boundaries is not regulated properly that law will become useless at the end of the day (or sooner ) (This is where the bullying starts)

Take for instance the process a credit provider must follow if a debtor defaults on his commitments.  Please note that this process is prescribed irrespective of the reasons for the default. Amongst others it prescribes a notice to be delivered to the distressed debtor (preferably at his domicilium address ) giving him options as to how to handle the situation (It does not prescribe to the creditor that he merely send a notice via any means to the debtor in the hope that the debtor actually receive the notice.)    The act of actually receiving such a notice (or any legal document for that matter )by the debtor has been confirmed in no uncertain terms by various court judgments against creditors.

This action is then also a prerequisite for any court action that might be instituted against the said debtor. However in the past contracts contained clauses like " It will be assumed to have been delivered within X days of posting"  The NCA now effectively outlaws this principle.  

BBBP nr 1 :    Ignore the NCA and send off the notice with no tracing system in place to monitor receipt.
BBBP nr 2 :    Irrespective of the above issue summons on the debtor (Not at his Domicilium address - he
                       might just get the summons in time to defend the action.  Look for the oldest address on
                       record and use that.)
BBBP Nr 3 :   Irrespective of  court judgments against us or similar institutions just go ahead and issue
                       notices and summonses not conforming to the law as the (poor) client will not know the
                       difference.
BBBP nr 4.     Make use of attorneys in far off places so as to confuse the client.
BBBP nr 5.     Irrespective of the fact that a client might have a home loan on a property try and get an
                       attachment order using BBBP nr 2.for some other debt he might have with us.. The client
                       will be none the wiser and we the BBB will have full control over the asset.
BBBP nr 6.     Always keep the client out of the loop - he will not intervene with court proceedings - he
                       does not have the money, the inclination or the savvy to go up against us  BBB's.

SELA  - for and on behalf of all BBBP's out there !

 Stand up to Corporate Bullies 

The Human Spirit and growing old(er)

Recently whilst watching a bit of Rugby (which incidentally was a great achievement for me as I view rugby as reasonably monotonous, as is most sport ) some quotes on advertisements by one of the sponsors about the human spirit caught my eye.  The fact that the sponsor is a bank really surprised me as I have never seen a bank align themselves with their quotes.    This one doesn't either. But that is not the reason for this post

The Human spirit. It does not grow old so why should our thinking do ?
When we have no more challenges the human spirit will start decaying - It has nothing to do.  So what am I saying ?  

We have moved into a retirement village recently and somehow suddenly things are starting to change. The way of thinking in the village is different. Everything is happening slower. Ok not everything - I haven't seen more of a hive of activity from workers like over here.  Everyday something is being done somewhere. Roads are cleaned, communal grass is being watered and cut, new trees are being planted all over the village etc.
Come evening ,around 4.30 or so the workers disappear magically and the residents start walking themselves and their dogs. Now suddenly it is time for chatting and if your door is open yesterday's new friend might just pop in.  Got to get used to this !

The point I am getting to : Retirees are not old people - they are just perceived to be so.   They have the knowledge of a lifetime and once one starts to chat with them you find out that all they want is to be acknowledged. And to become a friend or acquire a new one.   You are not here to impress anyone - Should you have a flashy car that is your problem - no one is impressed. I think the fact that every single one of us had to unclutter our lives ( I literally threw away at least 40 years of accumulated junk which is more than what is left ) is a bit of an equalizer.

I will be posting some more on this subject in the coming months - just have to align myself to this new life !

Some days are diamonds some days are stones

John Denver's words  are so applicable to a day like today.  A bad diamond day - or maybe I should call it a bad doctor day - you know like in a bad hair day - just different.  Hester's mom has to go in for an operation  at the "world renowned" (sic)  Unitas hospital.  The doctor was an hour late for the pre-op interview - no excuses nothing - it is as if that is totally the norm and totally acceptable.  Mom was getting really tired (she is turning 90 this year) sitting in her wheel chair in the reception area where the airconditioner has gone south a few months ago ( my perception).  Then we got stuck on the 4th floor when the only lift going there packed up. Around half an hour later a technician got it fixed.  This optimist was getting warm around the collar.  If the staff wasn't so nice I would have blown my top - Didn't I mention it was a stone day?

I am now sitting in the waiting room writing this piece and waiting for the freakin aneathesist who we have to convince that he has to charge mom medical aid fees - One of the nice things in this process is that the form he had her sign about the extra "out of medical tariffs" does not conform to the law and I just decided there will be no argument there - I will enlighten him about that once the account arrive.  I just don't have the power for an argument this time of the evening.

I am now getting to the point where I am thinking of that nice Whisky I am going to have when I get home and I also getting a bit calmer and probably the stone do have a little bit of a shine to it - maybe , just maybe that is how diamonds are formed - waiting patiently for the stone to show its real colours !

I was just not born for this type of stone days !

Stand up and be counted

I am very often perceived as contentious in some of my comments and posts on my own Facebook page and on Groups I subscribe to.  You can say sometimes very contentious.  The fact of the matter is that I am not a Yes-man. If I differ, I will say so and will defend my viewpoint until someone can prove me wrong. Which of course does not happen very often. I will in most cases ask them to agree to disagree with me and let us go on.

Megan Power, who writes in the Sunday Times and in the Business Day newspapers in South Africa and is a bit of a rogue fighter for consumer rights writes in an Article in today's Business day (link :  http://www.bdlive.co.za/businesstimes/2012/10/07/clueless-banks-keep-riling-clients )  about client's woes with 3 of the big South African Banks and how they (the banks ) literally make their own rules as they go along and clients just have to foot the bill.

Why do people let banks and for that matter any business get away with this type of service ?  It is absolutely a service thing - a bad service day - week , month and for some of them bad service full stop - it is how they are trained. (my perception)

I have had the same treatment (actually I can write a book full of it ) with the other bank not mentioned in the article and with one or two other nasties in very much the same type of arguments. I just got fed up and in stead of just paying them what they asked I got myself a good lawyer and started taking them on.  Suddenly the tone changed - I am not being run over - They do not phone me or send me any threatening letters anymore. I still owe some of them money but I will now repay them on my terms.  Debt counselors are there for the working man and women.  What about the guy (like me) running my own business - basically self employed that ran into financial difficulties ?  

Here are some things you can do when you really feel you could kill someone:

1.  Do not kill someone

2.  If you totally agree with what you owe a creditor offer him what you can afford to pay him. And stick to your guns - they have all sorts of crafty ways to make you increase your offer - don't.  Send them and email with the offer and cover yourself with a clause that says :Without prejudice. And insist on you being able to review the offer every three months - You not them.  And only start paying them once they have accepted your conditional offer in writing.

3.  Never ever sign any new documents !  Never ,  Ever.  Only communicate with them via email with the clause Without prejudice in the body of your mail. And insist on a read receipt.

4.   Never(ever) make any arrangement  on the phone - a phone is only their to obtain an email address.

5.  If it is a bank you owe money to and you have a savings account/cheque account with them close it and go to an unaffiliated bank.  The bank you owe money to will grab your money out of your accounts the moment it lands there - They call this set-off.  I call it theft and I will lay a criminal charge against anyone doing that - most other people will not.

5. If nothing works as described above get yourself a good lawyer - one that is not affiliated to any of your creditors.

6.  If you are not happy with any service send an email to the CEO.  Banks for one cannot refuse to give you his email address - Try and get hold of her/his secretary's(personal assistant's) name and telephone number.  I have found that these ladies can work wonders with their boss once you are on them.

What is the bottom line ? Stand up an be counted - Don't be bullied - don't be a wimp - if you are you will be treated like one ! 

The need for greed vs the need for compassion

A recent article by Megan Power about the interaction of a big direct insurer (Outsurance) and one of their clients has prompted me to get involved. My involvement might not mean anything to Outsurance but they will feel the pinch !  I am bloody well going to make sure of that.

The facts are contained in Megan's article that appeared in Business times and in the Sunday times. For those that have not read the story here is the link  :   http://www.bdlive.co.za/businesstimes/2012/08/12/client-cries-foul-over-outsurance-policy-shock

It makes for some riveting reading .   It is the story of a mega corporate insurance company who goes looking for reasons to screw this woman (Figuratively )   She was physically raped in the ordeal that let to the loss she suffered in goods and that led to the claim she put in. Of course they found the reason in something that happened 10 years ago when an insurance policy was cancelled by another insurance company and which gave them just the reason they were looking for not to pay her claim. It appears that they have a whole team of experts that look into claims that might go over a certain amount (or some other funny criteria)  This of course is never told to any client on the telephone when an application is processed.

Now any normal person in today's life accepts that once you have been accepted by an insurance company they have done their homework. But greed (read Outsurance) does not work that way.  One can only assume that they have a margin - which it seems is around where the claim amount exceeds the premiums paid where they start looking for reasons to repudiate a claim.   One can also imagine that they have to find the funding to pay for the massive new building that is nearing completion in Centurion and the amateur speedcops waiving their hands whilst trying to impersonate community service in conducting traffic all over Centurion.

I can just hear the board members saying : Nail this girl. Do not show her any mercy.  She lied about something that happened a mere 10 years ago (But as you all know we never forgive) We have to make profit at all costs.  This little incident with that impertinent Megan Power should not let us waiver in our quest.

The final thing that any normal person would take into account is that they took her money, she accepted she was covered and this incident happened to her.  There is nothing to indicate that this incident did not happen and that she lied about anything to do with this incident.  This should be the only criteria that should count. What has something that happened (or might have happened) 10 years ago to do with the facts of this case ?The only conclusion one can get to is that of the need for Greed and apparently Outsurance is an expert in  this field as can be seen from this incident.

WHY ON EARTH WOULD YOU TAKE A CHANCE WITH YOUR ASSETS IN THE HANDS OF A COMPANY LIKE THIS ?    YOU ARE DOING IT AT YOUR PERIL !

Oplossings vir Suid Afrika

Ons betree almal baie gevaarlike terrein wanneer ons wil voorgee dat ons al die antwoorde het.  Ons het nie. Dit is egter so dat dit somtyds nodig is om na oplossings te soek en voorstelle daaroor te maak. Die grootste uitdaging is egter die inwerkingstelling daarvan.  Soos ons almal weet is die huidige karakters in beheer van sake in die land se regering al bietjie meer as 18 jaar daarmee besig en gebeur weining om oplossings vir die probleme te vind.  
Dalk is die groot rede daarvoor dat hulle nie weet wat die werklike probleme is nie. Elke koerant (veral die op Sondae) het natuurlik die antwoord daarop maar moet daar aanvaar word dat diegene in beheer beter dinge het om te doen as om koerante te lees.
Hier is my stuiwer in die armbeurs :   Die top probleme en my voorstelle van hoe dit hanteer moet word : (In volgorde van belangrikheid):

1.      Werkloosheid :    Werklike syfers is waarskynlik nie baie akuraat nie maar dis in die miljoene.   Die formele sektor en staatsdiens is nie by magte om veel hieraan te doen nie.
Die voor die handliggende oplossings hier is Entrepreneurskap en Kapitaal projekte - groot en verbeeldingrykes !  


a)      Entrepreneurskap kan bevorder word deur onder andere onslae te raak van die lastigheid van BEE.  Die kennis is juis gesetel in die 10% of wat persone wat effektiewelik deur BEE uit die ekonomie gesny word.  Hier is n model wat skrywer reeds aan verskeie SETAS voorgestel het in n poging om befondsing te verkry:   Skep nuwe entrepreneurs besighede op die beginsel van 90% aandeelhouding vir nuwe intreders en 10% vir Mentors. "Mentors" in die sin is juis diegene met kennis en wat in terme van BEE uitgesluit is uit die ekonomie. Die werking van die Mentors sal juis wees om te sorg dat die intreder behoorlik opgelei word en dat alle administrasie volgens besigheidsreels geskied.  


b)   Vindingryke en Verbeeldingryke kapitaal projekte ( Soos die Medupe kragstasie)  Dit sal nie baie neem om Suid Afrikaners se gedagtes te ontsluit oor moontlike nuwe projekte nie .  'n Projek wat werkskepping en masse kan bevorder is byvoorbeeld die opgradering van Suid Afrika se paaie.  Die belangrikste element wat uit sulke projekte gehou moet word is natuurlik buitelanders se inmenging en roof van ons broodnodige hulpbronne en fondse ( Die etol debakel is 'n goeie voorbeeld van hoe dit nie gedoen moet word nie ) 


2.   Sekuriteit en Polisiering.   Dit sal waarskynlik nodig wees om die probleem van die beeld van die polisie te verbeter deur die huidige bestel as 'n "projek" te sien wat verbeter moet word. In so 'n geval sal daar van "projek" bestuurders gebruik gemaak moet word en nie van "Drankwinkel" eienaars nie.  


3.  BEE   Suid Afrika is die enigste land ter wereld waar die 90% meerderheid wetgewing nodig het om hulle teen die inmenging van 10% van sy bevolking in die ekonomie te vrywaar.  Wat die die 90% met die tyd begin besef het is dat die stelsel nie die 90% bevoordeel het nie en dat die 10% net van sterkte tot sterkte gaan.  Iemand met waagmoed in die "Magte en Kragte" in beheer moet net besef dat die skraping van BEE die land se inherente kennis wat opgesluit is in die 10% "Voorheen bevoordeeldes"  sal onsluit en 'n stortvloed van bronne beskikbaar sal stel wat ons nie in ons wildste drome kon  voorstel nie ! 


4.  Besluitloosheid en gebrek aan aksie.  "Getalmry" het nie die impak wat die Engelse woord Procrastination het nie maar dis presies waarom baie dinge beplan word en nie uitgevoer word nie.  Weereens is die gebrek aan behoorlik opgeleide en gefokusde projekbestuurders die rede waarom projekte nie van die grond af kom nie.   Die Gautrein projek en die Medupe kragstasie is voorbeelde van dinge wat beplan en gebeur het. Waarom kan die regering nie sy werkskeppings projek van die grond af kry nie ?   Stel professionele bestuurders aan en hou op om na die Kaders te kyk .    Hulle kon nie eers 'n AK47 behoorlik diens nie ! 

So what is problem ?

The BIG question as asked by Leader SA


“South Africa has everything required to be the wealthiest nation in the world – we have gold, platinum, natural minerals; we have Nobel Peace Prize winners and gravitas when it comes to leadership (excluding some examples of the last few years, of course); we have the most progressive constitution in the world; we have brilliant policies; we celebrate enormous cultural diversity and are essentially at cultural peace with each other.
"So what’s the problem?"  


Here is my longer version : 


South Africa is the only country in the world where 90% of the population have to introduce LAWS that govern the economic actions of the other 10%. I am not going to try to be politically correct.  Without knocking anyone these are major obstacles  holding us back:  BEE,  Affirmative action, Laws like the newly proposed  "gag" Law,  "Traditional leaders law" .  Having the most progressive Constitution in the world can be scratched with one stroke of the pen by introducing these types of laws.
The Gag law will hide corruption.  The Tradition leaders law will take away the power of black women -and men that won't stand up against it. 
The country should not be led by Political leaders - It should be led by Economic leaders.  We have none of either of the two.


The Entrepreneurial spirit should be kindled and expanded.  We talk too much and do too little about this. Instead of banks revising their lending criteria to help entrepreneurs they  prefer to go to court to cover up their dismissals. 


 We allow foreigners to take the bread out of our people's mouths - The contract with Sanral, Barclay's shareholding in Absa (55% - what they say goes and jobs are lost) 


In an effort to protect the workers we introduce silly labour laws that cost jobs.   
No coherent job creation project exist.   Again we talk about it and it does not come off the ground. 


Now these are only some of the problems - Leader SA you asked for the problems , Now why don't you ask for solutions ?
Start a discussion on each and every one of the problems identified - I can go on for quite a while longer but I think we need to turn this discussion around into something positive !


We should take note of the comments BUT I think it is time that we DO something about the problems -  There is a saying that one person cannot change the world - In fact it always starts with one person.   Nelson Mandela is living proof of that !