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Forgive Us Our Debt

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                                "..And forgive us our debts, as we also have forgiven our debtors "
                                                                   Matthew 6:12


We ask  forgiveness for not being able to pay our debts.
Unbeknownst to us,  the bank has already positively responded
by ERASING them.

Were it not, matagal ka nang may kaso. 

Were it not, hinde sana isang collector na lang ang tumatawag sa iyo.

Were it not, tatangapin pa ng bank ang binabayad mo!

Having been forgiven, remember these things :
1. Learn from your lessons;
2. Understand others if they cannot pay their debts to you;
3. Bothered? Use the money later for your family's basic needs,
    donate some to your favorite charity or give thanksgiving to
    your church. ( rather than paying extortion money from you-know-who)



Three Ways You Can Be Of Help

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                                                                  (for those who inquired)


1. Financially

    Diskarte Pilipinas conducts regular EBs in Manila to bring you closer to us.
    we pay for plane tickets, meeting place, meals and other expenses from our
   own  pockets and out of donations from others.

    In fact, we do not even stay overnight to avoid  additional costs. Instead, we
    always choose the first available return flight after midnight.

    Lakbay EBs has already  taken us also to Davao, Bacolod, Iloilo and Cebu cities
    for similar reason.

   Further, whenever  you want to communicate with us, we text or call you at our expense
   but only until our load permits. No frills about it.

2. Emotionally

    You already known how it feels to be harassed.
     At walang matakbuhan or taong makausap sa iyong problema.
     Are you willing to help others in similar situations? 

3. Nothing

Just move on with your life. Forget the debts but not the lessons.
However, should you need us again, even if it takes another year,
we will still be here for you, always willing and happy to help.

And what do we get out of it?
Grace.


for details, visit us at :
www.diskarteforum.niceboard org.



Common Sense

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Whenever a collector tells you something,
don't panic.
Otherwise, you will lose your common sense!

Common Sense Dare

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After you post your query,
please add what do you think would be the logical  "common sense" answer.
just for fun.

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

I THINK we can better address your queries during the EB - - - - - ->


Kindness Pays

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"Just because you are a defaulter does not mean we can no longer be friends"  
                      



To All EB Attendees

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those who did not make it :
WE MISS YOU!

what you might have missed:

http://www.philstar.com/Article.aspx?articleId=613274&publicationSubCategoryId=109
http://www.philstar.com/Article.aspx?articleId=614595

I'm Tired

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                                                                you can still reach us here:
                                                            diskarteforum.niceboard.org

Diskarte - The Booklet

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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 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®


the booklet is available only during Diskarte EBs;
the e-book however can be downloaded. inquire
how at admin/Diskarte Forum.



   
  

Barangay

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They will go to your house in an intimidating manner.
They will pretend to be Fiscal Ek-ek or Attorney C.Mission; or
SPO 1 Mando Rugas. and lately,they are using the Barangay!

What they do? nothing much. just give you that 1/4 shit of paper to
call Atty/Fiscal/Judge/SPO (lahat na ata)otherwise you will have a
case( and they will have the cash).
Guess who is on the other line to answer you? why, Mr. Collector
of course!

ADMINISTRATIVE CIRCULAR NO. 14-93
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY
CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION ..
OF THE LOCAL GOVERNMENT CODE OF 1991

All disputes are subject to Barangay conciliation except:

Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents
[Sec. 1, Rule VI, Katarungang Pambarangay Rules]


Manila, Philippines; July 15, 1993.

[Sgd.] ANDRES R. NARVASA
Chief Justice

Documents To Ask Collectors

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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

Home Visits

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These are some of the initial comments I got for 2009.It's all about
VISITS(again!) I thought it might be timely to update and republish
our 7/08 Chapter.

Case No. 1
ocianne said...
hi banker,
happy new year! although mine was not so great. problema din sa CC. sometimes i feel like killing myself kasi sobrang baon na ako sa utang sa mga credit cards na yan..... kasi nahihiya talaga ako pag may CA na pumupunta sa bahay at ang kasama namin ang minumura mura e.

Case No. 2
may nagpunta n rin d2ng babae s bhay nmin n tga molaer at nag
occular din pra nmn s bankcard cc ng misis ko

Case No. 3
Anonymous said...
...ang kulit banker nabwiwisit na ko pumunta ba naman sa bahay buti na lang tinago ako ng mga father ko ito pa nag worry banker baka biglang pumunta sa work area ko na skul nakakapraning, ano ba dapat kung gawin pag nagpunta? at makita ko...

Trespass to dwelling
Art. 128. Violation of domicile. —
any public officer or employee who, not being authorized by
judicial order, shall
- enter any dwelling against the will of the owner thereof
- search papers or other effects found therein without the previous
consent of such owner, - having surreptitiously entered said dwelling,
and being required to leave the premises, shall refuse to do so.
Crimes Against Security
Art. 280. Qualified trespass to dwelling
Any private person who shall enter the dwelling of another
against the latter's will…. by means of violence or intimidation
PENALTY
Minimum 2 years, 4 months and 1 day maximum of 6 years
and a fine not exceeding 1,000 pesos.
Bail required P12,000.00

You have the right to refuse entry to anybody, especially collectors.
Ask them WHAT IS THEIR BUSINESS ( more often mag-dala lang ng 1/4 piece of paper yan)
If they request entry, ask for:
1.Their authority from the supposed collection agency
2.Appointment of their Collection Agency from the bank
3.Board Resolution of the bank authorizing such appointment
marami pa - ID,Statement of Account duly signed by authorized
signatory of the bank,etc.and etc.

Normally WALA silang maipakita. Conclusion? they are just there to harass you and milk money from you and its EXTORTION/FRAUD/ESTAFA/DECEIT:
Revised Penal Code states :
..By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications or imaginary transactions, or by means of other similar deceits.
(b)By inducing another, by means of deceit, to sign any document.
Art. 318. Other deceits.
any person who shall defraud or damage another by any other deceit not mentioned
Penalty? why, kulong, of course!

CALL THE POLICE. its time to turn the table against scammers.

see Office Visits here:

http://failuretopaycreditcard.blogspot.com/2010/08/office-visits.html

Office Visits

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When collectors threaten to visit you,
they will merely hand you a 1/4 s#$t of paper telling you
"to call atty. ek-ek otherwise...."
if he is polite naman,
just receive it without any fuzz.

However, if he makes a scene,and begins to interview or berate you,
remember:
You have the right to refuse entry to anybody, especially collectors.

Ask them for proofs that they are legitimate:

1.Collection Agency authority as required by BSP Cir. 702
2.His authority from the supposed collection agency;
3.Board Resolution of the bank authorizing such appointment
4.Employee ID
5.Statement of Account duly signed by authorized bank signatory
6.etc.and etc.

Normally WALA silang maipakita.
Conclusion? they are just there to harass you and milk money
from you and its EXTORTION/FRAUD/ESTAFA/DECEIT!

The Revised Penal Code states :
..By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications or imaginary transactions, or by means of other similar deceits.
(b)By inducing another, by means of deceit, to sign any document.
Art. 318. Other deceits.
any person who shall defraud or damage another by any other deceit not mentioned

Penalty? why, kulong, of course!
CALL THE POLICE. its time to turn the table against these rude collectors.

see Home Visits here:

http://failuretopaycreditcard.blogspot.com/2008/07/bawal-pumasok.html

The Safest Way To Pay Your Debts

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"According to my lawyer, sa court na lang daw natin pag-usapan ito para legal lahat"


logical enough?
kung ayaw niya, hinde ka ba mag-tataka?

stick to this line.
whatever he says afterwards will be to discourage you.
don't argue - useless.

Bilkish

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Bilkish is a financial call center owned by an Indian.
walang business permit po ito galing BSP.
(they call their collectors "Junior Bank Managers"
>:)

They handle mostly OFW accounts.
http://www.jobstreet.com.ph/jobs/2008/9/default/20/1973660.htm?fr=J

Coming in second is ENZI
ENZI Corporation is one of the call centers/telemarketing collection services company in the Philippines.
http://www.callcenterdirectory.net/call-center-companies/ENZI-Corporation-730.html


my score card:
"filing" a case - zero
"world-wide" travel ban - zero
"deportation" - zero
"hold departure" - zero
"imprisonment" - zero
"NBI/INTERPOL/GCC - zero
demand letter signed by Bilkish Jr. Bank Manager - minus 10 !

Demand Letters & Text Messages

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These come in three forms:
1. Unsealed at tad-tad ng staples na demand letter.
2. a 1/4 s#$t of paper.
3. SMS.

even at unholy hours.

It simply tells you about:
1. Being imprisoned ( IF you kill a cat or under RA 8484 ek-ek);
2. This is your FINAL demand ( you received it a hundred times, though)
3. That they will get your things ( even if you do not have one)
4. To call Atty. Ek-ek otherwise.....
5. That your spouse shall be included under rule 3 sec 4 of the new
rules of court.( eh, single ka? or so what? Wedding vow namin yun!)
6. That you will have NBI,Barangay,Police running after you
( some would even include manhunt operations by the entire AFP,
including the Phil. Air Force and Phil. Navy! - sus, ginoo.)
7. That you will be blacklisted forever in the files of,well, everything!

Since there are no good news there anyway, but only lies:
letters - dont open ; "take and tapon" diskarte
SMS - press 'delete'

Filing A Case

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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)

Hold Departure Order

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Gud Day, Sir Rene/Banker...Hope you still remember me. This is Six Cards. I've been so far living in some peace now. I think it's been 6 months since I last consulted you in this blog regarding my KAUTANGANZ.

At any rate, I just would like to share with our readers that I just came home from a 1-month vacation from the USA. Sobrang kinabahan ako, although I've been guided by my lawyer and by what Sir Rene has been posting here regarding hold-departure orders, kinabahan pa rin talaga ako na baka may sabit ang passport at US visa ko.

Awa ng Dyos, lusot sa immigration, at PARANG WALA AKONG UTANG.


Hope this enlightens everybody who have fears of traveling.

Note:This portion was deleted/edited
(For info of newbies/others who may not have read previous posts and background)

Back to work, back to reality. I did enjoy my "free" vacation (nilibre po ako ng Mom ko kaya takot na takot akong sumabit sa immigration dahil kasama ko cya at di nya alam, hehehe).

Imprisonment For Debt

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1987 CONSTITUTION
ARTICLE III
Bill of Rights
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

RA 8484,and other related laws, punishes you, not because of debt, but because of other things like dishonesty or deceits.

No law is designed to coerce a debtor to pay his debt.

Balikbayan

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Nobody can prevent you from entering your home,
how much more your own country.

If you have a pending criminal case here,
baka puede pa.deretso sa jail.
But utang? of course not.

Remember :
There is no such thing as " Do Not Enter"
order being issued by a court.

Further reference:

http://failuretopaycreditcard.blogspot.com/2010/08/going-abroad.html

Eskandalo!

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Collectors will often threaten you na ipapahiya ka.Can he do that? 

Revised Penal Code
Article 200 - Grave Scandal

The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.

 Oral defamation
 every defamatory imputation is presumed to be malicious, even if it be true; if no good intention and justifiable motive for making it is shown.

There is malice when the author of the imputation is prompted by personal ill-will or spite and speaks not in response to duty but merely to injure the reputation of the person who claims to have been defamed. Truth then is not a defense, unless it is shown that the matter charged as libelous was made with good motives and for justifiable ends.
(Abogadomo.com)



 
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