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Let's Have Fun With Collectors

October 4, 2011, 3:47 am
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Go mario and luigi!! avatar

Next time a collector calls,
dare his bluff with your own bluff.
Tell him to meet you in Precinct 5 of the Makati Police (or any )
para mag-bayad ka in FULL.
para sa ganoon, hinde ka na niya puede pang "kasuhan"( or any threats)
WATCH HIS REACTIONS. and enjoy.

common alibi:
hinde kami tumatangap ng pera. i-deposit mo na lang sa banko.

answer:
di tangapin mo lang at ikaw ang mag-deposit. lol!

reason:
when you deposit, while you are citing your credit card account number,
he will not tell you that "it merely identifies na nag-bayad ka na, at
for credit to his OWN account!"

Question:
What if pupunta siya talaga doon?
two things you can do:
a. WAG pumunta. lol! ; or
b. Ipahuli mo siya for swindling/extortion.
(di ka na mahihirapan pang dalhin siya para ipakulong)



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Imprisonment In Dubai

March 3, 2012, 12:29 pm
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Ako dati ang ikinakatakot ko is kapag hindi ko nabayaran ang utang san ako pupulutin? 

But sobrang desperado ko na noon that's why isa sa option ko is magpakulong or "upuan" ang utang. Yan ang uso sa UAE. Contrary sa common belief na once inupuan (Jail Serve) mo yun case ay abswelto ka na, hindi po. Still need mo pa rin magbayad. Pero kanya kanyang DISKARTE lang talaga.. Yun ang Ticket mo, Yun ang Salvation mo lakipan pa ng sangkaterbang dasal. 

I have pending CC's and Personal Loan and just transfered to new Job back then, hindi ko alam na dahil sa notice na binigay ng old company ko ito MASHREQ ay nilagyan ako ng kaso. So by 2010 October ng plan ako to have vacation, since lahat ng gratuity payment ko ay kimakam n ng mashreq at patuloy pa rin naman ako sa pagbabayad sa kanila i was thinking na MALINIS ako.. 

ALAS!! ayun naharang ako sa airport.. masakit sa loob iyung mapapaligiran ka ng mga Pulis etc.. super stressful you could never imagine yung hiya, sakit ng loob etc.. akala ko noon mamamatay na ako.. Dahil din sa scenario na yun ay ngsulputan ang iba pang CC's at ngsampa ng kaso.. total kaso ko is 3.. Ayun.. Suma tutal ako ay ipiniit sa Emirata ng mga Arabo. 

Sa utang kong lampas isang milyong piso, nanatili ako doon sa loob ng 41 araw.. pagkalabas na pagkalabas ko hingi agad ako ng clearance, pede mo ipagawa yun sa kapulisan nila buburahin lahat ng rekord mo.... pagkakuha ko non buy na agad tiket at umalis na ako doon. 

Ngaun ay nagsisimula na ako ng bagong buhay. OO naghahabol pa rin sila sa pamamagitan ng Bilkish pero wala akong pakielam.. ang panakot nila ay makukulong ako sa UAE, been there done that.. pinagtawanan ko lang sila... BTW, ayus pala sa loob ng piitin nila doon stress free hehehe..pero Salamat sa Panginoon dahil pinalaya nya ako agad..

Salamat Banker sa Site mo talagang madaming napapaliwanagan at natutulungan!

http://failuretopaycreditcard.blogspot.com/2011/10/afraid.html

-----------------
Eto naman ang sagot ng isang Yahoo Group Member sa collector:

1. Kahit mamatay na ako hindi ko na mababayaran ang amount na yan 
2. Basta hingi ko lang sa inyo wag nyo akong i-harass dahil alam ko ang karapatan ko.  
3. Pinag handaan ko na ang pagkakataon na ito kaya kumuha na ako ng abogado (kahit wala).      
4. Sabi ng abogado ko ibigay nyo sa akin ang.....(makikita mo yan sa mga advice ni banker, like, SOA, etc)

5. Mas gusto ko sa korte na tayo mag harap at wag nyo idaan sa dahas at takotan 
dahil hindi ako natatakot sa inyo.

UPDATES:

 http://www.telegraph.co.uk/finance/financial-crime/9774247/UAE-stops-jailing-expats-for-bounced-cheques.html

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Documents To Ask Collectors

March 24, 2012, 2:40 pm
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I. Collector's Personal Data

- 2 valid Identification Cards ( Company ID and Government-issued ID)
-  Authority To Perform Specific Acts as Collectors
- Approved Assignment of Accounts of the Collection Agency

II. Collection Agency

- Collection Arrangement between bank and Collection Agency.
-  Notarized Secretary's Certificate or Board Resolution of the bank :
    a. authorizing appointment of specific Collection Agency
    b. authorized signatory for the bank
- Copy of Bank Endorsement as required by BSP Cir. 702
- Collection Agency's Authorized Delegated  Compromise Terms,Conditions and Limitations
- Collection Agency's authorized signatory and specimen signatures

III. Statement of Account

- Latest and dated Statement of Account
- how much is owed  ( principal, interest, other charges, expenses etc.)
- Indicated applicable rates
- Indicated covering periods
- signed by authorized signatory of the bank

IV. FORMAL OFFER 
 - in writing
- duly signed by Collector
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Matapang At Mayabang Na Collector

November 6, 2010, 1:52 pm
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Matapang at bastos ang mga collectors kasi:

1. Sa telepono or text lang naman yan;
2. Hinde sila kilala ;
3. Panay babae na defaulters ang kausap nila.

Now, kung talagang matapang sila,
try mo na papuntahin sila at sabihin sa harap mo
yung sinasabi nila!

Hanapan mo nga "Authority galing sa banko"
walang maipa-kita ang mga iyan.

choose ka lang dito alin ang gusto
mo isampa na criminal case:


--------Mga Kaso Na Puede Isampa Sa Kolektor --------


1. Art. 128. Violation of domicile ( pilit pumasok ; ayaw umalis)
2. Art. 280. Qualified trespass to dwelling ( pumasok kahit ayaw mo)
3. Art. 282. Grave threats ( tinatakot ka)
4. Art. 283. Light threats ( blackmailing and extortion)
5. Art. 287. Light coercions ( kinuha gamit mo dahil sa "utang" daw)
6. Art. 155. Alarms and scandals ( pinag-sisigaw ang utang mo)
7. Art. 315. Swindling/estafa ( walang authority ng banko)
8. Art. 318. Other deceits ( iba't-ibang style na panloloko - Dubai?)
9. Art. 298. Execution of deeds by means of violence or intimidation
(pilit pinapa-pirma sa Amnesty/Mga Kasunduan)
11.Art. 336. Acts of lasciviousness ( self-explanatory.lol!)
11.Art. 353. A libel(pam-babastos sa sulat o text)
12.Art. 358. Slander — Oral defamation
13.Art. 363. Incriminating innocent person (ma-RA 8484 ka daw)
14.Art. 364. Intriguing against honor (pinag-kakalat na may utang ka)

Parusa?
Kulong at criminal records sa NBI

---cross reference----

http://failuretopaycreditcard.blogspot.com/2008/07/bawal-pumasok.html
http://failuretopaycreditcard.blogspot.com/2010/08/office-visits.html

-------Civil Code of the Phils. ----------

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

-----BSP Circular 702 Series of 2010------

see "Banking Updates" of our blog for details

-------------------

Had that experience several years ago. Grabeng trauma din yun for several months. We came to the point na pinuntahan pa namin yung office ng collector (cubao), dahil di na matiis ng nanay ko yung sinasabi sa kanya kaya gusto niya harapin.

Wala naman nanyari kasi di kami hinarap ng mokong. Nasa taas daw at may meeting, aantayin sana namin kaso di daw alam kelan matatapos. Eh? ;D Duwag pala. Sa telepono lang magaling. Lesson learned kaya allergic ako sa CC. ;D
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Control The Conversion

June 8, 2012, 7:11 pm
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This is a basic for collector harassment calls.
Let's try it as a diskarte:

CA  : Hello, puede kay Ms. Dina M. Akabayad? ( pag full name, collector ito!)
DM : Yes, this is Ms. Dina ( Mag-ingles ka ; CA can't)
CA  : Ano ba plano mo sa utang mo ( starting to control the conversation)
DM : Isa lang. I'll be paying it in full IF you can provide me with an SOA
CA  : naku, delaying tactic yan! (usual CA spiel on SOA requests)
DM : If you can't provide it immediately, who's delaying it?
CA  : kung bigyan kita, mag-bayad ka kaagad?
DM : Of course! have it "certified correct" by the bank.
         Saan mo gusto mag-bayaran tayo, sa court, police precinct or NBI?
         ( now you are controlling the conversation)
CA : M'am, bawal po mag-tangap kami ng bayad. deposit mo na lang sa banko.
DM: Let's do it in front of a witness. you are authorized to collect, di ba? so, Ikaw na mag-deposit.
        Anybody can deposit my payment anyway, right?
CA : M'am bawal po talaga. ( now, he is on the defensive)
DM : Oh, sige, you ask your boss about it. Payment is not a problem.
         It's you who has a problem. call me again!

For further tips:
http://www.debt-collection-canada.com/phone-calls/bill-collector-tactics-how-to-control-a-conversation

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RA 8484 In Pilipino

July 7, 2010, 11:44 pm
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Unless you used a FAKE Credit Card, here's the law for regular unpaid cards:
Section 9.Prohibited Acts:
(j) Obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;
nangutang na ang layunin ay umalis na lang pag-katapos at hinde na mag-babayadSection 14. Presumption and Prima Facie Evidence of Intent to Defraud
a. Debt - more than Ten thousand pesos (P10,000.00);
b. Status - past due for at least ninety (90) days ;
c. Action - abandons or surreptitiously leaves the place of employment, business or residence

TRANSLATION:
Nag-layas o umalis sa lugar ng trabaho, negosyo o tinitirahan, ng palihim o patago.
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The End

November 20, 2010, 10:36 pm
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Even if they file a thousand cases against you,
if you have NOTHING to pay
(e.g. time deposits, condo and/or a Ferrari)
you pay them NOTHING.

Hinde ka naman puede i-harap sa firing squad.
You might end up like Jose Rizal!

Even if you attend or not,
Even if you hire all the lawyers for FREE
the decision is always " You Pay"
eh, you have nothing to pay?
di, "wala"
#-o

-----------
n.b.

Before any of you wise guys starts thinking of something else,
let me clarify:
I am NOT advocating non-payment;
I am just advocating using your common sense.
(especially for the so called "credit managers")
(the defect could really be in your own credit initiation)
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Bawal Kunin

December 11, 2010, 9:22 pm
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Collectors often times tell you that they will come to your house and
get your things.

Without a Search Warrant or a specific Court Order, NOBODY can do
that.Otherwise, it's robbery!

Even if there is a decided case against you, there are things which
creditors cannot get.
See Sec. 13 Rule 39 of the Rules of Court for details.

Old electric fan? ano naman gawin nila doon? Pero pag pumilit,
Bigay mo na!

:))

S U M M A R Y

They cannot get your things.
if they want to,
- they have to file a case first.
- obtain a favorable judgment.
- look for a property na:
- real estate
- cars
which are :
- not mortgaged
- equal or below your utang
otherwise, they have to give you the excess value
(sukli)
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BSP Cir. 702 Series of 2010

December 27, 2010, 5:50 pm
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Collector: M'am, Sa Coercion Agency ito. ano po ang plano sa utang ninyo?
M'am : Sir, wala pa po akong natangap na endorsement ng Shitty Bank
na kayo ang AUTHORIZED collection agency. Puende antayin natin?


-end of conversation-


BSP Cir. 702
Series of 2010

1.Inform CC Holders that their accounts will be endorsed to a collection agency at least seven (7) days before actual endorsement;
2. Requires banks to implement procedures so that collectors shall IDENTIFY themselves ( no more Atty. Collector or Tenyente Guevarra) ;
3. Penalties : first offense - Reprimand of Director/Officer ( Vice President?)
4. Effective: Jan. 1,2011 ( more or less)


--------------

Credit card users urged to report abusive collectors
01/24/2011 | 07:11 PM

TERESITA S. LISAMA
Acting Deputy Director/Head
Financial Consumer Affairs Group
Central Supervisory Support Subsector
Bangko Sentral ng Pilipinas
Mabini, Manila consumer affairs@bsp.gov.ph

http://www.gmanews.tv/story/211374/credit-card-users-urged-to-report-abusive-collectors
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NBI

July 17, 2010, 7:20 pm
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Police avatar

Under its enabling law, Republic Act 157, as amended, the NBI is empowered to:
* investigate crimes and other offenses against the laws of the Philippines, both on its own initiative and as public interest may require;
*assist, when officially requested in the investigation or detection of crimes and other offenses;
*act as national clearing house of criminal records and other information for use of all prosecuting and law enforcement entities.

Utang is not a crime. If unpaid, its a violation of certain conditions of a Contract or Kasunduan.( Just like your marriage contract. lol!)
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Diskarte - The Booklet

May 1, 2013, 9:00 am
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Chapter I   Meet Mr. Collector

He is usually a high school graduate who earns his living
on a no-collect ; no-commission basis, employing mainly:
1. Pretense (  lawyer/police/NBI,whatever)
2. Harassment
3. Blackmail
4. Extortion
5. Swindling 
which are all CRIMINAL OFFENSES just in case you don't know yet

Chapter II   Ways of Contacting You 

1. Demand letters
   1.a. Receive them. No big deal. You can even sign it front and back or left to right.
   1.b  Do not open. There are no good news there anyway, only lies. tapon

2.Text Messages
   Para iwas stress, simply press 'delete'

3.Calls
   3.a)  Take the call. It can't kill you anyway.
   3.b)  Do not argue, plead or explain, so that the call will not take long.
   3.c)  "According to my lawyer, sa court na lang daw natin pag-usapan ito"
   3.d)  Stick to that line. simplify your answers to "yes" or "no"
   3.e)  Remember this sound - "click"
   3.f)   Huwag ma-pikon. " Tama ka" is standard reply para SIYA ang ma-pikon.

Chapter III  The Lies Collectors Tell

The first lie is his name.
That is not the collector's real name.
So, why would you believe anything he says afterwards?


1.Court Case
    They won't ; they don't ; they can't
    Why would they'd be called "collectors" in the first place!

2.Imprisonment
   Failure to pay means you promised, but did not fulfill it.
   Its found under "Obligations and Contracts" of the Civil Code,
   not in the Revised Penal Code, hence, not a criminal act.
   This also applies to debts abroad like UEA.

3.Amnesty and Promos
   Show me first the documents that he is legally allowed by the bank to do so
   before I believe him.

4.Travel Ban
   You are not a criminal, what gives?

5.Getting Your Properties/Assets/Money/Salary
   May court decision na ba?
   Meron ka bang condo/Ferrari/Time deposits?
   Plain robbery

6.Publishing Your Face
  Have you ever seen one in a newspaper?

7.Warrants of Arrest/ BP 22/ RA 8484/ PNP/NBI/CIDG/INTERPOL
    These words imply "imprisonment" ; now go back and read again if you missed anything.

Chapter IV  Threats and Blackmails - Visits

1. Office
2. Home
3. Barangay

What for, Eskadalo?
ano ba usually ginagawa ng isang tao pag may mag-eskadalo sa kanya?
yun din ang gawin mo!
Tip :
A list of criminal offenses you can file against collectors is found here:
http://failuretopaycreditcard.blogspot.com/2010/11/matapang-na-collector.html


Chapter V  How To Pay

1. Go to the bank personally
2. Ask for an updated Statement of Account
3. Review and request for waiver or reduction of charges
4. If there is an agreement, document it ; the start paying
    If there is no agreement ( referred only to collectors),
   wait  for the court, if ever it will come.
 5.The process will simply repeat again from steps 1 - 4

Chapter VI  Worst Case Scenario

If the bank is serious in collecting from you,
matagal ka na dapat pina-tawag sa court.

Even if the bank files a thousand cases,
if you have no condo, ferrari or time the deposit,
THE END


Chapter VII  The Five Golden Rules

1. If you cannot pay, don't
2. Prioritize you need, not their greed
3. Disregard, delete, dedma.
4. Don't let them control your life, it's your life anyway
5.  Dare their bluffs ; just for laughs?
     (I forgot the last one. honest. ha..ha..ha..)

Chapter VIII  Lessons Learned

1. Debt is a humbling, not a humiliating experience.
2. Forget the debt, not the lessons.
Then reflect on  this :
Parable Of The Ten Lepers    

Postface
Someone asked me:
"You told me they won't sue me but they did!"
I answered back:
" I cannot guarantee everything 100% ;  Remember,  I am not God!"

Banker®


n.b.
a booklet will be available soon.



   
  
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To Show Willingness To Pay

March 10, 2013, 1:35 am
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Even if you show willingness to pay,
but you don't or can't still  pay in full your debt,
what choice does a bank has?
It's either to force collection or to abandon collection.

Hence, paying "a little" to show willingness to pay
is pointless.

Just another fantasy peddled by collectors to
squeeze money from you.
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Thank You

March 16, 2013, 8:39 pm
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Our appreciation for those who posted queries
and came back afterwards to say "Thank You",

At least we knew we were able to help you.
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I Got The Answer. Goodbye

March 28, 2013, 3:05 am
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 TRIVIA:
As of March 28, 2013,  posted comments reached 22,136
Guess who actively  responds?
only TWO people!
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Ads-Free Blog

April 3, 2013, 2:26 am
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                We do not earn money from doing this blog,
                    only happiness in helping others.
                        Welcome to your home!
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I'm Tired

April 5, 2013, 5:04 am
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                                Give me ONE good reason why I should not delete this blog.
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Housekeeping Muna

April 18, 2013, 11:51 pm
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A few thoughts and reminders...

1. This blogsite was created to HELP. The author & moderators do their best to attend to your concerns, but please keep in mind that we, especially Banker, have our own lives outside this blogsite.

Our worlds do not revolve only here.. We have our families, jobs, and there are also other personal things that we must prioritize, and there are other things that we have to attend to.

So, please do not demand to receive an answer right away. It's not as if we owe you an answer when you asked.


2. We always ask everyone to use the search button to find related topics to your concern. Sometimes, the question has been asked so many times, that we feel like not not answering anymore.

When can we get over with the question, "Makukulong po ba ako dahil sa utang?" or with the statements,

"Ipapakulong daw po ako ni attorney.."

WHEN?

3. When you are too paranoid, and can't absorb anything in blog, and you WISH to speak
to Banker, or any of the moderators, please ask first. We entertain sms, calls, and emails.
BUT PLEASE....

DO NOT DO TEXT SPEAK when sending SMS. Let's be more formal.

You are not exchanging sms messages with a textmate.

4. We do not earn money here... Only your warmest THANKS and appreciation are the prizes we are receiving. What we truly wish, is that after what you have been through, and after your paranoia has been eased, try your very BEST to be of help to others who have the same situation as yours.

Blessings never decrease when being shared, as well as Happiness.

The usual scenario here is that when someone got the answer they need, they disappear... Then, after a long time, a new
CC problem occurs, they will come back, demanding answers again.

This hit us. We feel like, people will only stay when they need you, and leave you when they no longer do. SAD.

5. Suggestion: "Diskarte Pilipinas: Credit Card Diskarte Forum" is a support group for victims of credit card companies
and their collectors. This forum site is an affiliate of this Blog, and we would like to invite you to join us there.
There are different helpful threads in there, arranged by topics and categories.

The blogsite will be maintained, of course, but we will be more glad to meet you all there.

6. We are family. If you want to become part of it... then WELCOME!



akoymavhe08

  
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Trespass To Dwelling

April 28, 2013, 2:43 am
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Nobody can enter your home without :

a) Your specific consent
Any private person who shall enter the dwelling of another against the latter’s will.
(Revised Penal Code Qualified Trespass To Dwelling Art. 280)

b) Court Order
A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

Probable cause in the issuance of a search warrant
Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched.

Exceptions:
3. Anyone who shall enter cafes, taverns, inns and other public houses, while they are open. (Art. 280, 3rd par.)

Thus,
collectors cannot simply enter your premises for "ocular inspection"
or sheriff to " get your things".

Any person who, with intent to gain, shall take any personal property belonging to another:
a.) Robbery:
by means of violence or intimidation of any person, or using force upon anything
( Art. 293)
b) Theft
without violence against or intimidation of persons nor force upon things but without the latter's consent.( Art.308)
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Meet Mr. Collector

April 28, 2013, 2:46 am
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He is an employee of a Collection Agency.
Which in turns likes to impress us like :
"Real Mon De Low Office"

He earns on a "No Collect ; No Commission" basis.
No commission means nothing to eat,or barkada nights.
And gets fired out eventually.

He thus forces defaulter to pay thru harassment,lies, blackmails.

Siya yung tatawag sa iyo at hinde mag-bibigay ng tunay niyang pangalan.
(eh,kung mahuli ako, sabi niya!)
He will pretend to be from the bank's "pre-legal department"
(meron ba noon? WALA!)
as Atty. Mando Rugas
(naku ha lawyer mismo ang tatawag sa iyo? VIP ka 'day!)
or even Major Problemo of the PNP CIDG
(hinde ba Chief Inspector ang tawag doon?)

with a Warrant of Arrest
(thanks for informing me in advance. Tatago na ako)
or conduct a legal visit
(tell your friends to make "legal" visits din ha? Wag yung "illegal" visits)
or asks for barangay protection.
(oo nga naman. what if sinapak mo siya dahil nahuli mo na niloloko ka)

He uses pro-forma reminders and collection letters like:
File a case.
Does your company collector files a case?
Sound stupid?
Yes, it is!

How to deal with him?
...Go on, don't be afraid
Dare his bluff.
"Let's settle everything in court!"
Watch his reactions - ayaw niya.
Alam mo na kung bakit.

Now you know him better.
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Lumipat ng Bahay

April 28, 2013, 2:51 am
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Collectors fool you into paying their commission
by citing this RA 8484 legal ek-ek:

"A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company..."

Why should you?
You did not "abandon" nor left
your place "surreptitiously".
did you?
And your card isn't even FAKE!

Want then to make the collector look funny?
Ask him why you are liable.
Magagalit yan.
Why?
He does not know!

And you will have another " Fun with Collectors"
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