Consumers’ Association of Canada (Manitoba)

 

Consumer Education Outreach Program

Resource Guide

 

“…We’re in the community; we’re here to help…”

 

 

August 10, 2003

 

 
 

 

 

 


We gratefully acknowledge the support of the Margaret Speechly-Stansfield Foundation in publishing this resource guide.

 

 

 

 

 

About Us

 

The Manitoba branch of the Consumer’s Association of Canada (CAC) wants to help consumers like you.   The CAC is an independent, non-profit organization that operates by volunteer effort.

 

The CAC represents the interests of consumers as a whole. We tell government and businesses who work on consumer issues, what we believe are in the best interest of consumers.

 

The CAC is partly a referral agency. We refer people who call with consumer complaints to the place that can help them with their particular problems.

 

We try to answer consumer questions, and give suggestions to consumers on how to make wise purchases.

 

We operate an information Centre and provide helpful tips on consumer issues–such as welfare rights and responsibilities–as well as some information on products and services such as cars. You can come down and take a look at what we have.

 

We distribute consumer information from various other agencies–like the Consumer’s Bureau, Better Business Bureau and Industry Canada. If you are trying to find information on a consumer issue–the CAC is probably the first place you should call.

 

 

 

 

 

Where We Are

 

We are located at the corner of Osborne Street South and the Corydon-Pembina intersection (“Confusion Corner”) in the large brick building. Our mailing address is:

 

CONSUMER’S ASSOCIATION OF CANADA (MANITOBA)

218 Osborne Street South

Winnipeg, Manitoba

R3L 1Z3

 

 

 

How We Can Be Reached

 

Call us anytime at 452-2572 or come down between the hours of 10:30 a.m. to 2:00 p.m. Monday to Friday. You might have to leave a message. Fax us at (204) 286-1876. You can also access our website at: .

 

 

This booklet is designed to help consumers make educated decisions when dealing with companies. A consumer is anyone who spends money on goods or services. This guide also gives you ideas on how to handle problems regarding consumer issues such as banking, shopping or dealing with debt.

 

 

Table of contents

 

Know your rights as a consumer 7

How does welfare work?. 9

Why won’t banks cash my cheques?. 17

What should I know about credit?. 23

        How can I get credit?. 25

 What can't collection agencies take?: 28

What is a payday loan?. 34

What is bankruptcy?. 38

What is consolidation?. 41

What is a consumer proposal 43

How do Pawnshops work?. 44

How do rent-to-owns work?. 50

        Questions to ask the salesperson. 54

How can I reduce my cost of living?. 55

MTS. 57

Manitoba Hydro and Centra Gas: 57

Shopping for clothes on a low budget 59

       Select good quality garments. 60

Shop at second-hand/thrift stores and factory outlets. 61

Family resource centres. 61

Clothes for Kids 61

Garage sales! 61

Eating healthy on a low budget 63

Consumer Protection Act 68

What doesn’t the Consumer Protection Act do?. 69

What does that mean for you?. 70

Personal Investigations Act 71

Why is the P.I. Act important?. 72

The Business Practices Act 73

What The Business Practices Act does?. 74

Legal Aid Manitoba. 74

Phone numbers. 75

Terms. 76

 

Know your rights as a consumer

 

You have the right to be informed.

Ask questions. Know what you are buying or what you are renting. It also helps you to know what the stores policies and operating procedures are as they can affect you.

You have the right to safety.

Products and services must meet minimum legal requirements for safe use.

You have the right to make complaints and appeals.

If you are dissatisfied with a product or service, you have the right to be heard to and have your problem resolved to the best of the company’s ability. If the company does nothing to resolve the problem, you have the right to another avenue of complaint.

You have the right to choose.

You have the right to shop in a marketplace that gives you choices. But remember that also means that you have the responsibility to be informed so that you can make the best choice.

 

You have the right to a healthy environment.

Your family has the right to live in an environment that allows them to live, learn and grow. At no time, should anyone’s health or safety be put at risk because of faulty products.

You have the right to consumer information.

You have the right to know where you should go to get the information you need to make wise purchases and good choices. Be informed of every avenue of appeal. That also means that you as a consumer have the responsibility to take advantage of educational opportunities when they come along.

You have the right to be heard.

Your opinion counts as well! You have the right to let companies, law makers and government departments know your views. You have the right to somehow influence the administrative process. But this right also means that you must become involved. Choose to join the Consumer’s Association of Canada and make your voice heard.

 

 

How does welfare work?

 

Welfare provides financial support to families and people that have little or no income. This assistance from the government is to provide enough money for your basic living needs.

 

This section provides answers to some common questions that you might ask if you want to receive welfare.

 

 

Q. My welfare worker is rude and won’t listen to me. Is there anything I can do?

A. If you are on Employment and Income Assistance (E&I) then you have probably been told your welfare responsibilities. However, it is important to know your welfare rights as well!

 

 

 

E&I Assistance employees must follow the policies in welfare’s “Administrative Manual”. The general intent of the policy is to give you the opportunity to become a self-supporting person if at all possible. You have the right as a Canadian citizen and a Manitoba resident to have your basic needs met.

 

For example, if you are capable of working,

E & I Assistance must do all they can to help you find work and become a self supporting person. This includes paying for transportation while you look for a job until you receive your first pay cheque.

 

Remember, you have the right to be treated with respect and dignity no matter what your circumstances are!

 

If you are using any government service you should never be discriminated against on the basis of race, colour or religion. If you feel you are being treated unfairly you can ask to speak to your welfare worker’s supervisor.

 

 

If you feel intimidated by Employment and Income Assistance employees, you can contact a group that will advocate (speak for you) on your behalf. Call Low-Income Intermediary Project (L.I.I.P.) at 947-2220. You can also make an appointment at the Aboriginal Health and Wellness Centre at 925-3700 to see a counsellor. They often advocate on their clients’ behalf.

 

You can also contact Community Legal Education Association at 943-2382. They distribute legal information to people who want to know about their rights under the law. Ask for the book Welfare–A Guide to Employment and Income Assistance.

 

If you would like to get a copy of the Employment and Income Assistance Administrative Manual you may find a copy at the Centennial Public Library, 251 Donald Street. If you need help to find it on the shelves, ask the librarian to help you.

 

 

Q. I have no money, food, or bus tickets and I don’t receive welfare right now. If I go down to welfare do they have to help me?

A. Yes. If there is a real need you can receive assistance right away. This might include a food voucher, bus tickets, temporary shelter or payment of a prescription. Welfare is never supposed to leave someone who is eligible for assistance without emergency aid.

 

If welfare demands that you go for a pre-intake orientation, agree that you will, but make it clear that you need help until your first payment. If the worker refuses, ask to speak to a supervisor or call L.I.I.P. (947-2220) BEFORE you go to the appointment. They can help you get what you need.

 

 

Q. I’m eight months pregnant. My parents kicked me out of my house. Can I get welfare?

A. If you are eighteen or nearing your eighteenth birthday you can go on welfare from your seventh, eighth or ninth month of pregnancy. You should be put into the single parent category (person with dependant). However, this might not happen and you might have to deal with Child and Family Services. Try calling Pregnancy Distress Service at 772-9091 to see what your options are. Or Klinic Community Health Centre at 784-4059 for an appointment. They also have a 24 hour-Crisis line at 786-8686. They will inform you of where you can find a place to stay and where you can get financial support.

 

 

Q. Does welfare have to pay for my security deposit?

 

A. Welfare will pay for one security deposit while you are on welfare. But if you must move, and lose your security deposit, welfare can give you the money upfront and make small deductions from your cheques.

Q. When I moved out of my last apartment, I tried my best to leave it clean, but the landlord found some excuse to take my security deposit. Can this be done?

 

 

A. If the landlord decides to take your security deposit, you are to be informed 28 days before you move out. If the property is in good condition, clean and rent is paid fully to the end of your lease, the landlord should not take your security deposit. If you think the deposit has been taken unfairly, call the Residential Tenancies Branch at 945-2476.

Residential Tenancies will investigate what you say, speak to the landlord and hold a very informal hearing–or meeting between you, the landlord, and an officer or officers from Residential Tenancies. You have the right to have a lawyer present with you, or you can contact a lawyer before you go.

 

If you don’t have a lawyer and want some help, try posting an announcement up at the Faculty of Law, Robson Hall building, University of Manitoba. Law students will see the announcement and one might be willing to help you. You have 2 years to file a complaint against your landlord–but try to do it as soon as possible so that you can remember exactly what happened.

 

Q. My landlord won’t do any of the repairs needed in my apartment. I’m sick and tired of asking him all the time. Can I stop paying my rent?

 

A. No, but you can go to the Residential Tenancies Branch for help. Write down what you want the landlord to do, why it needs to be done, and how long you have been waiting to get it fixed. If you need help wording your letter call the Consumer’s Association and they will help.

 

The Residential Tenancies Branch will talk to the landlord and inspect your apartment if needed, allowing the landlord a reasonable amount of time to fix the problems. If the repairs are still not done, the Residential Tenancies Branch will speak the landlord again. If the landlord still doesn’t do the repairs, Residential Tenancies will hire a contractor to come in and make the repairs. In that event, the Residential Tenancies Branch will ask you to send your rent to them. But don’t send money unless they tell you to!

 

 

Why won’t banks cash my cheques?

 

Banks are extremely cautious when it comes to cashing cheques from people they don’t know or have on file; therefore they make sure every thing is in order before cashing a cheque. Otherwise they could end up getting a fraudulent cheque and lose money. That’s why it may be difficult to cash a cheque.

 

This section answers questions you may ask if you are having difficulty cashing a cheque with a bank.

 

 

Q. I want to open an account, but I have hardly any identification. What can I do?

 

A. Most banks and credit unions will ask for two pieces of identification. Assiniboine Credit Union and C.I.B.C. will accept Provincial Social Assistance Cards as ID if you show them one other piece of ID. It is the law that banks ask for identification but they cannot make it too difficult to cash a government cheque.

 

 

In addition to a Provincial Social Assistance Card, banks will also accept the following as forms identification.

 

i               treaty card

i               student card

i               driver’s license

i               citizenship card

i               landed immigrant card

i               birth certificate

i               social insurance card

 

The banks will be more likely to cash your cheques if one of their tellers knows you and will vouch for you. If you have only one piece of I.D. you might try opening a bank account where someone knows you.

 

When you open an account, you will have to give the bank information about yourself. A bank teller should help you fill out the application. If they do not offer, do not hesitate to ask. You do not need to show them or give them your Social Insurance Card, but you must give them your number. Then you will have to sign your name so that the bank or credit union can keep it on record so you can cash your cheques and make withdrawals.

 

Q. I have had more than one bank refuse to cash my government cheque. Can they do this? What can I do?

A. Many people on limited incomes have complained that banks refuse to cash their government cheques, or even discourage them from opening up a bank account with their branch. This is really unfortunate, and has become such a problem that the Canadian government now realizes that there is a problem with access to financial institutions.

 

In order to cash a government cheque you will need at least two pieces of identification, preferably picture ID, like a treaty card or a driver’s license. The decision whether or not to cash your cheque is made by the tellers who serves you, but ask to speak to a manager or supervisor if you are refused.

 

The Canadian government and the banks have an agreement that if the bank cashes a cheque that turns out to be fraudulent, the bank will be reimbursed by the government for amounts up to $1500. You might wish to politely +bring this to the bank teller’s attention.

To help improve bank service to limited income customers, Financial Consumer Agency of Canada (FCAC) has a number you can call in which to direct your complaints.

(1-866-461-3222).

 

 

If you feel that the bank is being completely unreasonable you have the right to complain. This is the procedure for making a complaint:

 

1.              Call or speak to someone at the bank branch directly. If you need help to word your complaint or write your letter, the Consumer’s Association of Canada can help you.

 

2.              If you don’t get help from the bank branch directly, ask for the Bank’s head office or Ombudsman and send your letter there.

 

3.              If you feel your complaint is not being treated very seriously, you have the right to appeal through Canadian Banking Ombudsman at 1-888-451-4519.

4.              The Banks are regulated through the Office of the Superintendent of Financial Institutions, a federal agency. Once you have exhausted all other avenues of appeal you may direct a specific complaint to 1-613-990-1448.

 

Q. I get paid Friday evening after banks close. How can I cash my cheque?

 

A. Many people resort to cheque cashing services simply because of the difficulties of cashing a cheque, especially a personal cheque, after bank hours. Although the 2.99% interest and $1.99 item fee per cheque does not sound very high on a $500 cheque it will cost you $16.94.

 

Before you try to deposit the cheque, call your bank to make sure that this service will work for you.

 

Many banks and Credit Unions now have Saturday hours, usually from 10 am to 3 pm.  We found that the following branches are open on a Saturday. If your financial institution is not listed, please call your branch to ask for their Saturday hours.

 

Royal Bank                  CIBC

Main and James Branch                    Portage West Branch

540 Main Street                           3369 Portage Avenue

 

Corydon Village Mall Branch            Crossroads Shopping

100-1700 Corydon Avenue               Mall

                                                            1586 Regent Avenue

Toronto Dominion                        

Most locations are now open          Cambrian Credit

Saturdays                            Union

                                                         2136 McPhillips

Astra Credit Union                     1168 Henderson Hwy.

All locations EXCEPT                          1100 Concordia Ave.

1907 Portage Avenue                        2251 Pembina Hwy

                             

Assiniboine Credit Union

2211 McPhillips

2265 Portage Avenue

2800 Pembina Hwy.

640 Broadway

 

 

If you do not have a bank account or your branch is closed on a Saturday, try asking friends and relatives to cash your cheque for you. If you shop at a particular grocery store or drug mart, ask them to cash your cheque.

 

 

What should I know about credit?

 

Credit is an amount of money given to a person by a lender with an agreement that it will be paid back.

 

This section answers questions that you might ask if you are looking to gain credit but having trouble getting it.

 

 

Q. I was turned down for credit although I’m working. Why would that happen?

 

A. Lenders look at more than just your employment record when they consider giving you credit. They look at your credit record and your credit file from a Credit Bureau like Equifax Canada or Trans Union. Your credit file has personal information about you, like your name, address, previous addresses and birth date. Lenders are also interested in your credit history which gives information on your bill-paying habits such as unpaid bills or late payments. If this is the case, the lender may not give you credit, even if you have a job.

 

Q. How do I find out if I have a good credit rating?

A. You can ask to have a copy of your credit record by calling Equifax Canada at 1-800-465-7166. Ask for the form “Request to Obtain My Credit History Report”. You can also access the information from Equifax’s website .You will need to photocopy your identification, but you do not need to pay any money. It is free.

 

Lenders use reputable Credit Bureaus in Canada such as Equifax Canada or Trans Union to retrieve your credit information. Remember, you don’t have to provide your Social Insurance Number unless you want to.

 

 

How can I get credit?

Credit is gained by making consistent payments on loans. If payments are missed or are not paid, the lenders loose money; therefore, it is in the lenders best interest to loan money only to those who will make their payments.

 

 

Q. Can I have something I don’t want on my record removed?

 

A. You cannot have information removed from your credit record unless it is incorrect information. But you do have some control over your credit record.

 

You can correct mistakes. Inform Equifax of the errors and THEY MUST correct them.

 

You can add a customer statement to your file. If you disagree with something Equifax has written down on your record, send them a signed and dated statement stating why you disagree with their findings. For example, you had a temporary setback because you lost your job due to sickness. When a lender sees this, they may understand and see that you are in fact credit worthy.

 

You can add a note to any particular section of your record. For instance, you could choose to include information about why you missed payments over a certain period of time.

 

Q. I already know I have a bad credit rating? What can I do about it?

 

A. The only way to improve your credit record is to pay bills on time–which is not easy to do when you live on a small budget. Here are a few suggestions to help you turn your credit record around.

 

First update your credit file with Equifax Canada. Request a copy of your credit file and read it over carefully. Note any mistakes so that you can report them to Equifax. Then call them at 1-800-465-7166 or write them at:

 

Equifax Canada Inc.

Consumer’s Relations Department

Box 190, Jean Talon Station

Montreal, Quebec

H1S 2Z2

 

It is your right to see your file, and to have errors corrected.  Even updating information on your file may improve your chances of getting credit. For example, if you provide your current place of employment, lenders will know that you are working. This may improve your chances of getting a loan.

 

To actually improve your credit record, try opening a savings account and make regular small deposits. When you have enough money for a particular purchase (perhaps a TV set) apply for a personal loan using the savings as collateral. The bank will advance the loan if there’s money in the account to take if you don’t make your payments. Then repay the loan by taking the money from your savings account.

 

 

Remember, you will have to pay interest on your bank loan.

 

Once your loan has been repaid, ask the lender to inform the credit bureaus that you have paid off the loan.

 

Try taking small but progressive steps towards improving your credit record by arranging payments. If you need help to do this, contact Community Financial Counselling Services at 989-1900. They can help you to arrange your debts so that they are easier to pay by contacting your lenders. Eventually, this will improve your credit record as you start to make payments consistently.

 

 

Q. Collection agencies are always calling me. It’s become so bad that I’m afraid to answer the phone! What can I do?

 

A. According to the law, there are certain things that collection agencies can and cannot do. It important to know what your rights are.

 

Collection agencies can not:

·       phone or visit before 7 in the morning or after 9 in the evening

 

·       phone or visit on Sundays or on holidays

 

·       use documents that look anything like court documents

 

·       threaten to repossess something if they do not have the right to remove things from your house or apartment if you aren’t home

 

·       attempt to collect more money from you than what you originally owe (the amount owing plus any interest)

 

·       harass you

 

Remember, collection agencies are paid by the company or person you owe money to. These agencies receive a portion of the money that you owe. That is why they want to collect the money!

 

Q. I know collection agencies can’t harass me, but I don’t really know what that means?

 

A. Harassment means calling several times a day. It also means that collection agents threaten you, make you afraid for your safety or well-being. It can also mean they use harsh or abusive language. Harassment is a criminal offence and you have protection under the law.

 

In addition to this protection, collection agencies are also regulated under consumer legislation. This means that if a collection agency is harassing you, you can make a complaint to the Consumer’s Bureau at 945-3800. You can also obtain legal advice from Manitoba Legal Aid at 985-8500.

 

 

Q. I want to deal with my debts, but I’ve had setbacks. I’m also afraid to deal with collection agencies. What should I do?

A. It is always best to talk to someone about your situation. Do not just ignore it or avoid the collection agencies. It may work temporarily, but when you want to improve your credit record, that will be more difficult. Instead:

 

i                Contact Community Financial Counselling Services. If you are serious about dealing with your debts in a realistic manner–despite your financial situation–then they can help. They will help you arrange your finances based on your income, how much money you owe, and how much you can afford to pay. They will even contact your creditors for you if you want. That way, you don’t even have to deal with the collection agencies. They can also arrange for you to pay them–then they will pay the collection agencies.

 

i             If a collection agency actually does sue you, they will be limited in what they can do and how much contact they can have with you. If collection agencies do sue you–and you lose–you will end up paying court costs. This amount is established by the court and not the collection agency.

 

i             Call the collection agencies and offer them a reasonable payment per month that you can afford. If they accept it, they have to leave you alone as long as you pay. If they don’t accept it you can tell the Consumer’s Bureau that you made a reasonable offer based on your ability to pay and they refused it.

 

i             You can consolidate your loans. But you can only do this, of course, if you can find another creditor.

 

Remember that seizure of assets is a drastic last step by collection agencies. They will rarely–if ever–resort to it. Taking anything from your house usually cancels the debt. There is also a long list of things that collection agencies cannot take.

 

Q. Are there things a collection agency can’t take when I owe them money?

 

A. Here are a few things that collection agencies cannot take:

 

·                 your beds and bedding for you and your family

·                 articles you must have to make a living, like school books or construction tools

·                 any vehicle which is necessary for work which is valued to $3000,

·                 medical aids, like wheelchairs

 

Seizure of assets is governed by law. That means that there are rules protecting both you and the creditor.  If you feel your property has been unlawfully taken you can contact Legal Aid (locations listed in Consumer Law section). Or you can contact the Consumer’s Association at 452-2572 as a possible source of information.

 

 

Q. Every year I go to tax rebaters, like H & R Block, to get my income tax return done? Are there any alternatives?

 

A. People often use the cash-back service at tax rebaters because they want their refund the very next day. However, such services charge 15% on the first $300, and 5% on the remainder. On a cheque worth $1500, you will pay a $105 fee. Federal law requires that this interest fee include ALL charges.

 

If you are willing to wait just a little bit longer there are alternatives. During tax season, volunteers in the Volunteer Income Tax Program will prepare your tax return and e-file it for you free of charge. You will get your return within 2 weeks during tax season. For information on locations call 1-800-959-8281 or Rick at 483-2697.

 

 

What is a payday loan?

 

Payday loans are small loans, usually ranging from $100 to $500 that must be paid back by your next pay check. People often use this option because you receive the loan the same day and typically there is no credit check.

 

This section answers questions you might ask about payday loans.

 

 

Q What are the disadvantages of using payday loans?

 

A. Some disadvantages include the following:

 

·                 The loan must be paid back in full usually within two weeks

 

·                 The lenders often have high interest rates.

 

·                 There is a limited amount that you can borrow.

 

·                 You must pay more if there is not enough money in your account to repay the loan.

 

 

Q. Can I take out a loan when I am on welfare?

 

A. Some companies will cash your welfare cheque and allow you to take out a loan providing you bring,

 

  • a bank statement
  • a blank cheque
  • photo ID

 

The processing of your application can take around 10 – 15 minutes and is not guaranteed. Most companies require that you are employed and have been employed for at least three months to be approved for a loan.

 

Remember, not all companies will cash a welfare cheque.

 

Q. What happens if I don’t have enough money in my account to pay back the loan?

 

A. If you can’t pay your loan you will have to deal with something called a “roll-over” which is an extension on your loan. If this happens another fee will be added to your amount owing. For each extension of the loan, another fee will be added.

 

Q. What should I know before getting a payday loan?

 

A. You should know that typically the fees for this service are not cheap. However, the amount of money is usually small (around a couple of hundred dollars), and the fee could appear to be small and insignificant.

 

These loans are only meant to be short term loans. If the loans become long term, amounts can increase greatly–possibly greater than the original cash advance.

 

For example, if you borrow $100, you will have to write a cheque for $115 to be cashed in 14 days to repay your loan including the $15 fee. However, if the money is not in your account to be taken out after 14 days there will be an extension fee added to your amount owed. Therefore, if the APR (the cost of credit on a yearly basis) is 3.91percent and you extend the loan three times, the finance charge would increase to $60 to borrow $100.

 

This is a costly way to borrow money, but if you decide to use this service, make sure you are dealing with a reputable company and look around for the best interest rate.

If you are going to use the payday loan service, make sure you read and understand all the terms of the loan. Make sure you get the finance charge and the annual percentage rate or APR in writing. Be careful when using this service and make sure you can repay the loan on time.

 

What is bankruptcy?

 

Bankruptcy is a legal proceeding available to people who are unable to make payments on their debts. By claiming bankruptcy, your debts are removed allowing you to start over. To be able to claim bankruptcy, you must owe at least $1000 and be unable to meet payment due dates.

Remember, talk to your creditors before you seek help from counsellors or trustees.

 

This section answers some questions about bankruptcy.

 

Q. Will creditors stop harassing me if I claim bankruptcy?

 

A. Yes. Once all forms have been filed, creditors must stop harassing you. However, this does not include student loans, child support, court fines, and awards for damages by assault, a claim for alimony or a debt arising out of fraud.

 

When considering filing for bankruptcy, it is very important to remember that if you have a loan that has been co-signed by someone else, the co-signer becomes responsible for paying your loan.

Q. Who will know if I claim bankruptcy?

 

A. If you claim bankruptcy, a notice will be placed in the “legals” section of the newspaper to notify creditors. If there are only a few items, creditors will be notified by mail. The general public has access to any public document which includes bankruptcy notices.

 

Remember, if you claim bankruptcy, this information will be forwarded to the Credit Bureau and will be recorded on your credit file for up to six or seven years. If you have claimed bankruptcy before, this period could be extended up to 14 years.

 

Q. If I go bankrupt, does this mean I can’t get credit?

No. The approval of credit is still the creditor’s responsibility and they will make the decision of whether or not to give you credit.

 

 

Q. If I claim bankruptcy what do I get to keep?

A.              You get to keep the items listed on your personal exemption. This exemption includes:

 

·                 furnishings and appliances up to the amount of $4500

 

·                 Ordinary clothing and work clothes/tools of trade

 

·                 Food and fuel needed for the family for six months or cash equivalent

 

·                 Health aids such as wheelchairs, air conditioner, hearing aids or glasses

 

·                 One vehicle for work and transportation not exceeding $3000

 

·                 Articles necessary for performance of religious services.

 

 

Q. What don’t I get to keep?

 

A. You don’t get to keep anything in excess of your personal exemption as mentioned in the previous question. Anything beyond that, such as real estate or recreation vehicles will be taken to repay the creditors. Also, inheritances, lottery winnings and tax returns received during the time of bankruptcy may be taken to repay creditors.

Q. Do I get to keep the money I earn?

 

A. Any wages or income earned after you claim bankruptcy belongs to you. However, you may be instructed by your trustee to pay with your wages if your earnings are greater then what is needed for the number of people in your family.

 

 

Q. How long will I be bankrupt for?

 

A. There is an automatic discharge for first time bankrupts after nine months unless the trustee recommends a discharge. However, if the creditor disagrees with the time period of bankruptcy, the discharge may be longer.

 

Remember, bankruptcy should be considered as a last resort as it is long term and can affect your financial records for a long time.

 

For further information, visit strategis.gc.ca    or www.bankruptcycanada.com/personal1.htm or call 1-800-328-6189.

 

What is Consolidation?

Consolidation is an alternative to bankruptcy. This allows you to combine all your loans into one loan with a payment you can handle.

 

 

 

 

Q. How can I get consolidation on my debts?

 

A. You can go to a bank and ask them about combining your debts into one loan. They will explain to you the process of receiving consolidation and how it works.

 

Remember, check around at different banks as interest rates may vary for each bank and look for the best deal.

 

Consumer proposals

 

A consumer proposal is an arrangement made between you and your creditors to decrease the amount owed, extend the time you have to pay off your debt or a combination of both.

 

This section answers some questions you may ask.

 

 

Q. What are the advantages of a consumer proposal?

 

A. A consumer proposal allows you to keep your property without your wages being garnished or having your property seized. However, if your proposal is withdrawn, rejected or annulled where the debt was not fully paid off, the creditor will be able to take legal steps to recover their debt from you.

 

 

Q. How can I apply for a consumer proposal?

 

A. First you must be eligible to apply for a consumer proposal. To be eligible you must be in debt under $75000 excluding a home mortgage.

 

You must also obtain assistance from a trustee who will be the administrator of your consumer proposal.

 

How do Pawnshops work?

 

Pawnshops are places where people go to get small short term loans. Consumers bring an item of value to a pawnshop and signing a contract stating that the pawn broker will hold the item until a specified date in return for money. The loan must be paid in full by that date; otherwise the item becomes the property of the pawnbroker.

 

This section gives you answers to some common questions about pawnshops.

 

Q. I often use pawnshops and sometimes I can’t get back in time to pay off my stuff. Can the pawnbroker just keep my stuff?

 

A. When you take an item to a pawnshop, you are offering the item to the pawnbroker as collateral (something to offer up in case you don’t come back) for money. The pawnbroker takes your item to hold, and then asks you to sign a contract. This contract is a short term loan. You should read this contract carefully so that you know what you are agreeing to. Ask the pawnbroker how much time you have to come back and get your item. Take note of the date on the receipt. The pawnbroker can not sell your item until the date on the contract or receipt has passed. If the pawnbroker breaks the contract by selling your item before that date, then you have a legitimate reason to complain. Calls the Consumer’s Bureau at 945-3800 and make it clear that you wish to make a complaint.

 

 

Q. What if I lose the receipt?

 

A. By law, every pawnshop must keep a record of every transaction. Show the pawnbroker your identification in place of your receipt and make it clear that you are there to pay off your loan and get your stuff back. Knowing that you have come to pay off your loan, the pawnbroker will usually comply.

 

 

Q. What do I do if the pawnshop makes it hard for me to get my stuff back?

A. Remember, the pawnbroker may not use, sell or damage your items while covered under the agreement. This agreement means that the pawnbroker has agreed to become a holder of your property. If your items are lost, stolen or damaged while in the pawnbroker’s possession and covered under the agreement, the pawnbroker should have to replace it. Check your agreement carefully before you sign it. Look for clauses that might protect the pawnbroker in case anything happens to your stuff while it’s in their possession.

 

If you are having problems with the pawnbroker because he will not replace your goods, call Legal Aid Manitoba at 985-8500 and make an appointment to bring your contract into a community law office. Or if you believe that the pawnbroker is treating you unfairly, call Manitoba Consumer’s Bureau at 945-3800. Make it clear that you want to make a complaint.

 

 

Q. Pawnshops seem to have good prices on used televisions. Should I consider buying one second-hand?

A. Used purchases can be a good bargain, but you must always be careful when buying used items from anywhere, not just pawnshops. Unless the seller makes a specific claim you must depend on a visual inspection of the article. Look it over well and plug it in to make sure it works. Read the contract of sale very carefully or have the pawnbroker read it to you. You can also bring a trusted friend with you shopping and don’t be afraid to speak up and ask questions. For example, can you return the item if it breaks down when you get it home? It is important to find this information out, and get specifics in writing because in most cases, once you have purchased an item you cannot exchange or return it.

However, if the seller tells you something about the product that is not true, and you find out later this information is false, you can make a complaint. This sort of unfair business practice is against the law. You should:

 

1.              Attempt to return whatever you purchased back to the store or pawnshop. Complain that the salesperson told you something that was untrue.

 

2.              If they will not listen to you, let them know that your next avenue of complaint will be the Consumer’s Association of Canada and the Consumer’s Bureau.

 

3.              Then call the Consumer’s Bureau at 945-3800. Tell them clearly what happened.

 

 

 

Do you use pawnshops to cash your cheques?

 

Remember, pawnshop cannot take more than 2.99% for cashing your cheque. That means that the pawnshop can only take $8.97 for cashing a $300 cheque. The Government of Canada has an agreement with the banks that they will cover the loss of any fraudulent cheque up to $1500. For this reason, if you have two pieces of identification. (preferably photo ID., like a treaty card) the bank should cash your cheque.

 

LIf you have any kind of problems with the pawnshop call the Consumers Bureau at

945-3800.

 

If you want someone to advocate on your behalf with an unreasonable pawnshop call Low-Income Intermediary Project (L.I.I.P). at 947-2220.

 

 

How does a rent-to-own work?

 

A rent-to-own is a place where you can rent appliances and other goods. At the end of your payments you may also be given the choice to own the item.

People often use rent-to-own because the rental payments are low and seem like a good deal. This is not always the case.

 

This section gives you answers to some common questions and explains how a rent-to-own works.

 

Q. I rented a television from a rent-to-own and someone broke into my apartment and stole it. The rent-to-own says I must still make my payments. Is that the case?

 

A. The item is probably insured by the rent-to-own. After all, it is still their property. When we called around, we found that most rent-to-own stores do insure themselves in case their rental items are lost, stolen or damaged. Generally, you are paying for their insurance in your payments.

 

To know for certain, look at your rental agreement. Most of the time, the renter is protected in the case of theft or loss. Look for clauses like “Customer Protection Option”. If the agreement contains an insurance clause, tell them that you know they have insurance and to leave you alone. If they continue to harass you, call the Consumer’s Association at 452-2572.

 

 

Q. I bought a television from a rent-to own. When I missed just one payment near the end of the 24 months the company came and took it away. Can they do this?

A. Yes, if it is written in the rental agreement, they can repossess the television the very next day. You may think that you are buying the item; but really, you are only renting it. Under a rental agreement you do not have the same rights as if you went to a store and bought the television. All terms are listed in the rental agreement which you must sign before you receive the television. By signing this agreement, you have agreed to follow those terms. The only way to protect yourself is to read the agreement carefully before you sign it!

 

 

Q. I made all my 24 payments on time. But at the end of the 24 months they told me that if I wanted to own the television, I would have to pay them more money! Can they do this?

 

A. Yes. If the rental agreement says that at the end of the 24 payments you will have to pay more money, then you will if you want to own the television. This is often called a “transfer of ownership fee”. It seems unfair, but they can do it if it’s in the agreement. Look for this type of clause in an agreement before you sign anything.

 

For example, a color TV set costs $500 and the payments are $30 a month until the end of the rental period, which is 24 months plus 14% tax. Therefore, you will be making 24 payments of $34.20, which equals out to $820. That’s a lot more than $500. Then, you may be required to pay “transfer of ownership fee” if you want to own the TV.

 

 

Q. What should I know before I consider using a rent-to-own?

 

A. Before you decide to use a rent-to-own, think about the following:

·                 If you can avoid using a rent-to-own, you should try to do so. Sop around for other payment plans. By using a rent-to-own, you will probably end up paying at least three times more for an item than if you had just bought it at an appliance store.

 

·                 Think about putting the item on layaway and making regular payments.

 

·                 However, if you choose to use a rent-to-own because you feel you need the item now, then take steps to protect yourself. Make sure that you ask for the final price that you will pay–not just the monthly payments.

 

·                 Ask the salesperson how much the item will cost you with everything included and have that price written on the agreement.

 

·                 Do not do business at a store that is not being upfront with you.

 

Questions to ask the salesperson:

                

1.              How much will this cost me in the end?

2.              Can the company go into my house/apartment when I’m not there to repossess the item?

 

3.              At the end of the contract will I own the item or will it cost me even more money before I own it?

 

4.              What happens if the item is lost or stolen?

 

5.              If I miss a payment, is there a penalty?

 

6.              Are there any penalties if I buy the item outright before the contract is up?

 

 

How can I reduce my cost of living?

 

Costs keep going up and it becomes more difficult to live off the money you have. Fortunately, there are creative ways of lowering costs as well.

 

This section answers questions that will help you to lower your spending habits.

 

Q.With the cost of utilities going up, I find I can’t budget enough money to cover my basic needs. What can I do?

 

A. Unfortunately, the increases in utility fees (phone service, electricity and natural gas) affect those who can least afford to pay the most. Try the following:

 

1.       Read your own meters and be aware of your own consumption habits.

 

2.       Ask for a breakdown of your bill into basic services. You should always know what you are paying for.

 

3.       Once you have your bill, look for billing errors. Are there places where you are not sure exactly what you are paying for? Look for charges listed as miscellaneous. Bring this to the attention of the company.

 

4.              Arrange payment options. Arrange to pay when you can. For instance, pay twice a month at each of your pay cheques instead of once a month. Call:

 

          MTS                        941-7075

          Centra Gas             480-5900

          Manitoba Hydro       474-4990

 

5.       Welfare must pay utility increases. Bring in your bill and have your worker adjust your budget.

 

Remember to use conservation measures. Watching your consumption can save you money. Call Centra Gas or Manitoba Hydro and ask for conservation tips.

 

 

Q. If I have a complaint with a utility company, who should I call?

 

MTS

For complaints about your MTS service, use your phone book and turn to the first few pages of the white pages and locate the section “Terms of Service”. This is where you’ll find MTS policies and guidelines for service. Then call Customer Service at 941-6800 Monday to Friday with your specific complaint and how you want MTS to resolve the issue. If you feel MTS has not resolved your complaint, you can file a complaint with the Canadian Radio-television Telecommunications Commission (CRTC) which regulates the radio and telecommunication sector. Call 983-6306.If they ask you to write a complaint letter and you need help to do so, call the Consumer’s Association of Canada.

 

Manitoba Hydro and Centra Gas:

 

Contact customer service with your complaint by calling the number located on your bill. State your problem clearly, give them the proper information and tell them how you want the problem resolved. If you feel that they are not doing enough you can ask to speak to the supervisor. If you still feel that the matter has not been resolved to your satisfaction ask to speak to the Customer Care Manager at 945-2638. Both Hydro and Gas are regulated by the Public Utilities Board.

 

Shopping for clothes on a low budget

 

Shopping for clothes can be difficult, especially when you are on a low budget. Take steps to become a shopping professional by studying prices on new and used clothing as well as material and sewing quality.

 

This section gives you some tips on buying new and used clothing.

 

 

Q. My boy wears his clothes out very fast but I can’t afford to keep buying him new clothes. Do you have any suggestions?

 

A. Take stock before you go shopping. Determine your child’s needs and preferences. If he is a very active boy, you might want pants that have reinforced knees.

 

 

 

 

 

Select good quality garments.

 

 

Text Box: Tips for buying good quality clothes

•	Buy fabrics that will last. Try to buy clothes that are made of denim, cotton, polyester cotton blends, corduroy and fleecy acrylics because they last well, are comfortable and can be washed many times. When buying knits, buy items that have lycra or spandex added. They will keep their shape longer and they are more comfortable.

	Check the labels. Even 20% synthetic material in the fabric can improve the durability. Avoid clothes that are “Dry-Clean Only” or “drip-dry”. Instead, purchase clothes that are “Wash n’ Wear”, permanent press and colourfast.

•	Check the construction. Look for generous seams that lay flat and do not pucker. Look for taping shoulder seams and check to see that arm holes and crotch seams match. Pull gently at the buttons. Do the zippers slide easily? Do they lay flat?

•	Buy one size larger. This allows room for growth but the child is not drowning in their own clothes. There is also less strain on the garment so it lasts longer.

Consider shopping at stores that offer warranties on kids’ clothes. Keep your receipts in a special place so you know where they are. When the clothes wear out, make the store replace the item as promised. Also, look for stores that are having sales.

 

Shop at second-hand/thrift stores and factory outlets.

Many well-dressed families buy their children’s entire back to school wardrobe at thrift stores. And even thrift stores have sales–so watch for these.

 

 

Visit clothing depots at Winnipeg Harvest locations and family resource centres.

Some of them even have emergency hours.

 

 

   Clothes for Kids

Remember, during the fall season. They provide free winter parkas to families with children who need them.

 

 

Garage sales!

If you don’t have a vehicle let relatives who go to them know what you need so they can buy for you.

 

 


Text Box: How to Buy Anything Second Hand

1.	Look for outgrown clothes, not outworn clothes. Consider the wear on the item. Consider the quality of the garment. Think about why you want to purchase it. Will it hold up to what you will need it for?

2.	Know your prices. You won’t know if you are overpaying at a thrift store until you know approximately how much the item would be worth new.

3.	Do your research. It is important to read catalogues and flyers. Sometimes you can get an item new for just a couple of dollars more than you’d pay at an upscale second hand store. If you are not an expert at what you are shopping for, call an expert. Call for consumer information at the Consumer Association (452-2527). They can help you make a wise purchase.

4.	Ask question. Especially remember to ask question about the second-hand store’s return policy. Ask if the salesclerk knows the history of the item you are buying.

5.	Remember, second-hand stores are never required to give your money back or exchange the item. It is important to use your own judgement.