Most of the queries here were already addressed in previous blog entries,
if others would only care to back read.
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QUESTIONS?
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Agreement Thru Phone Calls
Most defaulters are afraid in answering calls.
Why? because they take those calls seriously.
The other line is only faking!
Collectors often times ask why you have not paid and what is your plan.
Ikaw naman, todo explain as if these things matters.
it does not!
You don't even know who you are talking to.
you give your details to some one who is anonymous.
Worst, you enter into an agreement without knowing that person!
go ahead, answer that call.
but please tell the caller to meet you in court
para legal lahat.
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Seriously?
When a collector calls, telling us about he being a lawyer,
ready to file a case in court,
and get all your household items,
the only logical answer you should give is :
"talaga?"
Defaulters' paranoia stems from us believing EVERYTHING a collector say,
taking whatever they say as gospel TRUE, CORRECT and SERIOUS.
which are really NOT.
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This Blog Will Stay
Pramis.
but just don't abuse it.
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EB Highlights
I was so glad to have met you all during the EB.
But at the same sad that some of you have missed it.
Thank you!
REMINDER
refrain from posting as "anonymous"
- lagyan ng "username" after your query
post only in the newest blog entry
- dahil mahabang comments na ang previous ones.
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See You In Court
"We will settle this in court - formal, legal, fair. ayaw pa nila nyan?
BUT I DO NOT HAVE A LAWYER!
relax........
collectors can't file cases. kaya nga collector ang tawag sa kanila eh! they are there to.....you guess it, collect! with a commission of course!
BUT I received this "Summons" and I have to answer it within 15 days!
are you sure it's genuine and not merely a draft and bogus collector's complaint kuno?
one way to validate it is to check it out in court kung totoo.
If true, ano naman ang i-answer mo doon?
the complaint is " May utang at hinde ka nag-bayad"
so, it's only a TRUE or FALSE answer. gets mo?
kahit sino pa ang lawyer mo at libre, TALO ka pa rin!
EH, wala akong pambayad. I have no time deposit, condo or a Ferrari.
In the Diskarte Group, we call it a "Pyrrhic Victory".
(google mo na lang ano ibig sabihin ng perik na yan.
kung walang assets, that's IT.
wala pa namang batas na firing squad or death penalty, di ba?
so, kita-kits tayo sa korte?
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REMINDERS
- post only in the newest blog entries ( mahaba na kasi yung old ones)
- place your username at the end of your query ( if you cannot use the usual procedures)
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2015 Christmas Message
DON'T ABUSE
This was my 2015 Christmas Message.
I believe it still rings true even up to now.
I believe it still rings true even up to now.
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Amnesty Program - A Fairy Tale
Once upon a time........
There was an "Amnesty Program" offer from the bank collector.
From a debt of P1,000,000.00 I only have to pay P 47,000.00!
the offer was incredible, until I read BSP Cir. 398 Issued on Aug. 21,2003
It was a very good offer, parang Mall Sales lang.
However, it came with a threat!
Kung ayaw ko daw, the bank collector will file a case!
ano ito, coercion?
then, I remembered a friend to took theoffer threat.
after full payment, no CERTIFICATE OF FULL PAYMENT came.
he cannot complain to the bank - there was no legal document in the first place.
He does not even know who he was dealing with!
....and the collector lived happily every time my friend paid.
ano ito, coercion?
then, I remembered a friend to took the
after full payment, no CERTIFICATE OF FULL PAYMENT came.
he cannot complain to the bank - there was no legal document in the first place.
He does not even know who he was dealing with!
....and the collector lived happily every time my friend paid.
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Payroll Account
A bank advertisement goes like this :
"XYZ Bank" offers the Payroll Savings Account with a low minimum initial deposit, no maintaining balance and an interest-bearing payroll that will protect and grow the hard-earned wages of the employees
if you have a defaulted card in your payroll bank,
have your account tagged as "PAYROLL"
I know some banks ( MBTC) and some managers (BDO) are not using common , moral and legal sense.
1. they take away your salary kasi you signed the Card Agreement.
di mag-resign ka na lang. useless pala mag-trabaho pa.
2. Where is their morality? gusto ka nilang gugutomin at patayin? Every Sunday pa yan sa church.
3. is it legal? - Sec. 13 Rule 39 ng Rules of Court ay pinag-babawal ito AFTER there is a court decision.
what more kung wala pa ng kaso.
Under the Labor Code, Sec. 113, kahit nga AMO/BOSS hinde puede mag-kaltas without your approval.
excessive, immoral and unconscionable bank manager.
kahit bawal ay gagawin kasi wala naman daw tayong pera para ikaso sila!
my heart bleeds.....
ask your lawyer friends for opinion and diskarte.
have your account tagged as "PAYROLL"
I know some banks ( MBTC) and some managers (BDO) are not using common , moral and legal sense.
1. they take away your salary kasi you signed the Card Agreement.
di mag-resign ka na lang. useless pala mag-trabaho pa.
2. Where is their morality? gusto ka nilang gugutomin at patayin? Every Sunday pa yan sa church.
3. is it legal? - Sec. 13 Rule 39 ng Rules of Court ay pinag-babawal ito AFTER there is a court decision.
what more kung wala pa ng kaso.
Under the Labor Code, Sec. 113, kahit nga AMO/BOSS hinde puede mag-kaltas without your approval.
excessive, immoral and unconscionable bank manager.
kahit bawal ay gagawin kasi wala naman daw tayong pera para ikaso sila!
my heart bleeds.....
ask your lawyer friends for opinion and diskarte.
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Messages thru Text, Letters and E-mails
DEDMA
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Philippine Credit Card Industry Regulation Law
REPUBLIC ACT NO. 10870
Philippine Credit Card Industry Regulation Law
Appropriate Manner of Collection of Any Credit Card Debt
Shall not harass, abuse or oppress any person or engage in unfair practices
1. Administrative Sanction ( suspension or cancellation of authority to issue credit cards)
2. Imprisonment of 2 to 10 years, or a fine of P 50,000.00 to P200,000.00 or both
UNFAIR COLLECTION PRACTICES
BSP Cir. 454 Series of 2004
a) the use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person;
b) the use of obscenities, insults, or profane language which amount to a criminal act or offense under applicable laws;
c) disclosure of the names of credit cardholders who allegedly refuse to pay debts, except as allowed under Subsec. X320.9 and 4301N.9;
d) threat to take any action that cannot legally be taken;
e) communicating or threat to communicate to any person credit information which is known to be false, including failure to communicate that a debt is being disputed;
f) any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a cardholder; and
g) making contact at unreasonable/inconvenient times or hours which shall be defined as contact before 6:00 A.M. or after 10:00 P.M., unless the account is past due for more than sixty (60) days or the cardholder has given express permission or said times are the only reasonable or convenient opportunities for contact.
NO ANONYMOUS POSTS PLEASE.
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WORTH SHARING
ProblemadoFriday, September 9, 2016 at 4:45:00 PM GMT+8
Ms. Cherrylou, Banker..share ko lang story ko na dapat mag settle nko sa cc default ko, na gusto ni bank at collector 300k..they dont approve the decided amount way back 2009 w/c is 200k. I went to the court, talk to the sheriff..he told me bank and the collector not authorize to collect sum of money since case was filed already. The sheriff told me, if i dont have enough money to settle my account, hayaan ko na lang and use the money for my childrens educational assistance instead, if di naman ako mag apply for loan, and even advise me file complaint to the collector pag di tumigil sa pangungulit. Tama ka, ms. Cherrylou, d nko mag worry coz case was filed already. Sheriff, is the right person to talk to on my case, and maayos sila kausap at nauunawaan nila situation ng mga katulad ko na di makabayad, nawala din yun fear ko pag naririnig ko ang "sheriff"(dati kc kumakabog dibdib ko). Ngayon, alam ko na kung pano idi-deal ang bwisit na collector na yun, at di na rin ako natatakot sa mga pananakot nya. Thanks to you, and to this blog, iam forever grateful sa mga advises nyo, mas may natutunan pko sa inyo kesa sa mga PAO advises..Gob bless, marami kaming natutulungan nyo na gumaan ang loob.
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East West Bank
I find it quite disturbing that a lot of posters here have complained about the bank.
It is not unique.
all banks refer defaulted credit cards to collection agencies.
Please be guided as follows :
1. NEVER deal thru telephone. common sense - hinde mo kilala ang kausap mo.
2. Refer to BSP Cir. 702 Series of 2010 for your authorized collector thru a "referral code"
3. NEGOTIATE personally provided the collector shows his authority/ supporting LEGAL documents.
4. In case of doubt, refer him to meet you in court para legal lahat. masama ba yun?
5. Unfair collection practices( BSP Cir. 454 Series of 2004) is now a CRIMINAL ACT under RA 10870.
ayan.
kung may problema ka pa dyan,
kasalanan mo na.
lol!
PLEASE DON'T POST AS ANONYMOUS
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Google is a verb meaning "To search for information about (someone or something) on the Internet using the search engine Google."
Many times we are able to search this blog and post a question which can be explained better if we further our search.
So I suggest dont just believe those words na sinasabi ni kotong kolektor na parang legal ek-ek pero mali mail naman pala.
go search!
REMINDERS: post your queries here. anonymous will not be replied.
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BELIEVE
Never believe collectors.
Never fear collectors.
NEVER.
collectors earn out of your fears and lies.
even their name is not true!
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ANONYMOUS
What if all queries are under "anonymous"?
laking gulo.
we wouldn't know kanino i-address ang reply.
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Salary Deduction
The following are deductions allowed by other laws aside from Labor Code Sec. 113:
1.) If the employee has a debt to the employer and it's now due and demandable (Civil Code, Art. 1706)
2.) In court awards, wages can be subject to execution or attachment only if they cover debts for food, shelter, clothing or medical attendance (Civil Code, Art. 1703)
3.) Withholding taxes (NIRC)
4.) Salary deductions of a member of a legally established cooperative (RA 9520, Art. 58, which amended RA 6938/Philippine Cooperative Code of 2008)
5.) Deductions for payment to third persons, with the employee's written authorization (Labor Code Implementing Rules, Book 3, Rule 8, Sec. 13)
6.) Union dues (Labor Code, Art. 241 and 277)
7.) Agency fee (Labor Code, Art. 248, par. e)
8.) Deductions for meals and other facilities (Labor Code Implementing Rules, Book 3, Rule 7-A, Sec. 7)
9.) Deductions for loss or damage (Art. 114, Labor Code)
10.) SSS, Medicare, Pag-IBIG, premiums
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Text Messages
I hope nobody will EVER ask again what to do with text messages/e-mails from collectors.
lol!
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Credit Card Collectors
BEWARE.
Collectors lang yan to get you off-tract from this blog.
Kaya, be vigilant.
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Remember Rizal
When a collector threatens you with a court case,
remember Rizal.
Even if banks file a thousand cases against you,
kung wala kang pam-bayad, what else can they
do except garnish your deposits
(why would you have one naman? hinde ka nga maka-bayad no? lol!)
Unlike Rizal, hinde ka naman puede -firing squad!
Just remember your lessons - never to treat cards as your money.
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