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You can just call HSBC's credit card collections department and they will refer you to the third party collection agent who has been assigned to your card.

 

Thanks for the advice Doc, so it will still be done via the third party collector and not the bank? As per my previous question, and the other person before me, is there a hold departure order for such instances (having court summons and stuff)? I wouldnt want to jeopardize my payments and not be able to go back to where I am currently earning my living if I was to be prevented to leave.

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Thanks for the advice Doc, so it will still be done via the third party collector and not the bank? As per my previous question, and the other person before me, is there a hold departure order for such instances (having court summons and stuff)? I wouldnt want to jeopardize my payments and not be able to go back to where I am currently earning my living if I was to be prevented to leave.

 

Banks subcontract a lot of things since this is more cost efficient, so once a credit card account goes sour, it is automatically passed off to a collection agency who gets a certain percentage of any successful collection.

 

For a hold departure order to be issued by the Bureau of Immigration, a criminal case must first be filed. Non-payment of debt is not a criminal offense, unless there is an element of fraud, in which case it becomes estafa. Once a criminal complaint is filed, the fiscal will make a preliminary investigation, which means he/she will study the complaint and any evidence submitted by the complainant and the counter affidavit of the other party to determine if the filing of a criminal case is warranted. If the fiscal determines that a criminal case should be filed, then and only then can a watchlist order (a hold departure order comes later) be issued by the Bureau of Immigration. If you have not been charged criminally, then you cannot be prevented from leaving the country.

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Banks subcontract a lot of things since this is more cost efficient, so once a credit card account goes sour, it is automatically passed off to a collection agency who gets a certain percentage of any successful collection.

 

For a hold departure order to be issued by the Bureau of Immigration, a criminal case must first be filed. Non-payment of debt is not a criminal offense, unless there is an element of fraud, in which case it becomes estafa. Once a criminal complaint is filed, the fiscal will make a preliminary investigation, which means he/she will study the complaint and any evidence submitted by the complainant and the counter affidavit of the other party to determine if the filing of a criminal case is warranted. If the fiscal determines that a criminal case should be filed, then and only then can a watchlist order (a hold departure order comes later) be issued by the Bureau of Immigration. If you have not been charged criminally, then you cannot be prevented from leaving the country.

 

Thank you for your advice doc, just one last question and forgive me for being stubborn. When is an action considered fraudulent? I tried to research the definition of estafa & my nose just bled with all the legal goobledegook about Estafa, The Bouncing Check Law & Jurisprudence. I do understand most, if not some of it, but I could not see the part where they define what actions are fraudulent.

 

In my case, I didnt reply to the collection agency with their court summons, nor was I able to contact the bank when I stopped paying. I did receive several letters from the collection agency, but I dont recall if there was a mention of it being filed as an estafa case. I will still settle all of my debts once I return there, I'm just making sure that I don't get myself into deeper crap than what I have already found myself into.

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Thank you for your advice doc, just one last question and forgive me for being stubborn. When is an action considered fraudulent? I tried to research the definition of estafa & my nose just bled with all the legal goobledegook about Estafa, The Bouncing Check Law & Jurisprudence. I do understand most, if not some of it, but I could not see the part where they define what actions are fraudulent.

 

In my case, I didnt reply to the collection agency with their court summons, nor was I able to contact the bank when I stopped paying. I did receive several letters from the collection agency, but I dont recall if there was a mention of it being filed as an estafa case. I will still settle all of my debts once I return there, I'm just making sure that I don't get myself into deeper crap than what I have already found myself into.

 

Some collection agencies have resorted to filing estafa cases wherein they allege that the client transferred residence or office address without informing the bank with the intention of defrauding them. These are isolated cases however since filing an estafa case involves paying the filing fees. With the creation of small claim courts, it is much easier for them to file an ordinary collection case. I wouldn't worry too much about an estafa case.

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Some collection agencies have resorted to filing estafa cases wherein they allege that the client transferred residence or office address without informing the bank with the intention of defrauding them. These are isolated cases however since filing an estafa case involves paying the filing fees. With the creation of small claim courts, it is much easier for them to file an ordinary collection case. I wouldn't worry too much about an estafa case.

 

Thanks for all the advice doc, I think I have the courage now to face that skeleton in my closet...appreciate your feedback really!! Maraming Salamat!

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May mga re structuring programs at amnesty ang mga credit cards company, try to contact and haggle na lang sa kanila for the best offer.

 

i tried that but they always refer you to the collection agency assigned. i would really like to repair my credit standing. hope anyone can help me. thanks in advance.

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just a word of caution ... for those with a history of bad credit, CC companies normally would report the names of these inviduals to the CIBI for its negative listing. Unfortunately, most credit card companies fail to request the cancellation of the names of individials who have already settled. As such the next time you ask for credit and checkings are made, your name still will reflect on the said list.

 

For some banks if they are really interested to extend credit to you, the will seek your explanation and status report. But for most, the banks will probably just immediately set your name aside.

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  • 4 weeks later...
Guest eljuego

to credit card experts here (i dont know who else to talk to) ---

 

is it possible for a credit card co. to charge me up to a 100K, for a credit card they supposedly issued me, but i never actually got and used?

 

im still waiting for them to call me back, since they promised to check their records muna -- who issued it, who received it, etc.. They will clarify things with me next week.

 

how did i know i had an "account"? i applied for a car loan and the alleged account came up.

 

hope someone can help.

 

 

thanks.

I'm no expert but it's odd that a credit card company will charge you 100K for a credit card you never used unless you are a victim of identity theft. Perhaps you lost a government issued card or a company id which was found by someone then expertly replaced your picture. I may sound like a conspiracy theorist but it happens.

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to credit card experts here (i dont know who else to talk to) ---

 

is it possible for a credit card co. to charge me up to a 100K, for a credit card they supposedly issued me, but i never actually got and used?

 

im still waiting for them to call me back, since they promised to check their records muna -- who issued it, who received it, etc.. They will clarify things with me next week.

 

how did i know i had an "account"? i applied for a car loan and the alleged account came up.

 

hope someone can help.

 

 

thanks.

 

Did you verify if the details really matches yours? Sometimes, it can be a case of "SAME NAME" ie. both of you have the same first and family name but differs in middle name, address and most likely birthday.

 

I suppose it came out via the NFIS negative check list as a sum of money.

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  • 1 year later...

Let me first thank the GMs here for their advice and insights on this topic. I posted a reply to this thread regarding Credit Card problems, and with a bit of luck, perseverance and God's grace, I was able to settle my debt just a couple of months ago. Aside from browsing thru this site and other sites as well, I happen to have chanced upon a friend who worked for a bank a couple of years ago. I consulted him regarding my problem and he shared his knowledge regarding procedures of banks regarding cases such as mine.

 

According to him, for those who have some sort of "Credit Shield" on their card, in the event of non-payment or pre-defined reasons, it would usually pay up the balance remaining on the card. In short, its some sort of "insurance" on your card, that when you sign up for it (option when you apply for the card or will be offered at some point), which would mean you will pay a certain charge (a certain percent of your balance), it would alleviate scenarios where the card holder would be unable to pay.

 

I believe I had that on my card, and a few months back, the collection agency sent me its "final" letter to attempt to collect. My mere 20k or so debt a couple of years ago, now bloated to around 300+k!! the good thing was that according to that letter, I only had to pay somewhere around 30k to settle the full amount (like an amnesty program of sorts). To cut to the chase, I have paid the amount and followed up with the bank until they provided me a bank letter of full payment as a proof that I have settled my debt. Btw I was doing all these transactions thru a relative of mine back home since I am out of the country.

 

Now that I have settled my bill, and have a certificate of full payment from the bank, I assume my name is still on that Credit list thingy. My question now is, when would be the proper time to ask for my name to be written off the "Credit List" and would it be possible to do so? I would wish for my name to be off that list for a possible future house mortgage loan, as well as clear my name as well.

 

As a parting note, and a piece of advice as well based on my experience, if you can AVOID having a credit card, do so. Now, if you really need to have one, remember 3 things:

 

1. Charge only what you can afford to pay.

2. When you oay your monthly ammortization, DO NOT just pay the minimum due! Always try and pay a few hundred or thousand bucks extra, this is to ensure that the monthly interest is more than covered up for and to lower down the payments until you can settle the entire amount, if at all possible.

3. Please remember that a Credit Card IS STILL CREDIT. Simply put, its money that you DONT have yet, and that you will eventually pay interest for. So dont be over zealous with swiping that card anytime you feel like it whenever something fancies you.

 

I've been a member of this site for several years now, and an embodiment of what a lurker is. Nevertheless, I share things when I think it is really important and helpful. Thank you GMs and for all those who have Bad Credit or other issues like that, dont lose hope! Face and settle it!

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