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Usapang Utangan


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  • 3 weeks later...

I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

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I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

 

 

Wow! that was a nice one. i wish i can do that to all the collecting agency who keep on bothering me all the time. kaya lang lalaki ako hehe and all collectors are male...good technique ma'm...

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I used to have a 3 credit cards; Citibank, HSBC, and BPI... but when my husband and I separated last 2008, I was not able to pay them... Total balance for the 3 would reach close to 100k...

 

I received lots of demand letters and collection calls. There are times wherein there are collection agents and even uniformed policemen who went to my apartment, but since I am working, they were not able to talk to me. However, my daughter told me that they were informed of the details of my debt... even told her that I might go to jail if I will not pay. My daughter (she was 9 y.o. then) cried and was so embarassed because even her playmates knew of my debts. Apparently, the collectors even spoke to my neighbors. They were able to get the cp number of my next door neighbor and would text her to ask if I am at home on particular days. There was even a time when my neighbor would forward to me the texts messages from the collectors. I managed to talk to one of lawyers (daw) from the collection agency. We had a deal. We met 3 times for sex, in exchange for the stopped collection letters and calls.

 

Fast forward... 5 years has passed. My daughter is already in high school.

 

I still live in the same address. I still work in the same office. The demand letters and collection calls has stopped already... except for one... Citibank. Maybe that one was not covered by my deal with the collection lawyer. I still receive demand letters from Citibank every other month. My outstanding balance now stands at P208k.

 

I don't know what to do with it. I am just hoping that they will grow weary and stop sending those letters.

 

huh? it only shows that the banks or your creditors are not interested in your debt, but the collectors.

sarap naman ni collector aka attorney, naka libre.....

you know what? if those banks will sue you, they have already sued you.

 

and by the way, the police officers who went to your house are doing something illegal..... hindi dapat sila ma involve sa utangan.

and the collectors, when they spread your debt to unauthorized people (including your neighbors) have also done something illegal. perhaps, kung ngayon nangyayari yan, you can sue them for a criminal case.

 

buti naman hindi bumabalik si collector aka attorney sa iyo dahil may citibank ka pa.

 

and you know why they stopped? its 5 years already... normally, full collection efforts are made within the first two years of default.

Edited by Google
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  • 3 weeks later...

HOW TO HANDLE CREDIT CARD COLLECTION AGENCIES:

 

PART1

 

1) If you've been receiving concerns about fears and threats from collectors if you don't pay, like :

 

- filing a case

- visits

- warrants

- amnesty with deadlines

- all sorts of LIES

 

Please dare their bluff.

 

Magic Word:

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

 

di ba mas ok pa ito?

stop arguing with them.

useless.

stick to this line.

and you will be amazed why ayaw nila.

 

2) As per BSP Cir. 702:

a) Prohibits banks and their affiliate credit card companies from issuing pre-approved cards on concerns that pre-approved cards sent either through the mail or delivered by courier have exposed the public to cases of fraud via unauthorized use of their cards.

 

B) Banks and credit card companies are required to notify cardholders in writing within seven days before any account is endorsed to a collection agency.

 

“The notification requirement, which should include the full name of the collection agency and its contact details, is expected to also give cardholders enough time to consider whether it will be advantageous for them to settle before their accounts are endorsed to collection agents,”

 

It added that that the new rules require credit card companies to ensure that collection agents disclose their true identity to cardholders in order to address mounting complaints regarding unfair collection practices by some collection agents.

 

c) Entertain the collection agency ONLY if they have an authority/endorsement per BSP Cir. 702.

 

Magic Word:

" Before we can talk, may I know the Endorsement Code of the bank?"

 

" Just ensure you have the bank authority as required by BSP Cir. 702;

otherwise pahuhuli kita for extortion"

 

3) It is very difficult for a bank to prove that you owe them money. The burden of proof is with bank and all documents have to be in the original! ORIGINAL! Now,for them to prove that you owe them money they have to produce all those original charge slips (the one that you have signed) and present it to you as evidence. That is your right. Now, just using common sense, do you think that the bank can produce all those charge slips and come up with the amount that they claim you owe them? Most unlikely. Highly improbable.

 

4) What you should do if you recieved a summon from court?

 

a) Do not file an answer and do not attend the hearing.

B) If you want to file an answer and attend the hearing, do not admit on anything but ask the bank if they have the ff: 1)original contract that you signed with the bank (not the terms of agreement but a contract; 2) original charge slips (the one you signed when you purchase something - if they cannnot produce those documents, they have no proof that you owe them.

 

If they cannot produce the original, secondary evidence is acceptable.

However, it must show proof that the original was destroyed or lost and must prove that "due diligence" was exerted.

 

c) Let us assume that there was a decision on the part of the court. It merely states you pay so much with a 12% interest every year until fully paid. But the court doesn't give a deadline until when you must fully pay it! And even if you don't pay (kc wala kang dinero), the court cannot force you to pay kung wala kang cuarta (coo-war-ta) or the court may attachment your properties to satisfy the amount claimed by the credit card issuer.

 

5) The BSP's Financial Consumer Affairs Group (FCAG) advises the public to report unscrupulous collection practices and other credit-card related concerns via telephone numbers (632) 7087087 or (632) 524-7011 local 2584, fax number (632) 5258930, or e-mail address consumeraffairs@bsp.gov.ph.

 

6) R.I.P. CREDIT CARD DEBT

 

A) Prescription Period :

 

Art. 1144. The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract

 

B) Starting Time :

 

Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.

 

 

C) Clock Reset

 

Art. 1155. The prescription of actions is interrupted when

a. they are filed before the court, or

b. when there is a written extrajudicial demand by the creditors

c. when there is any written acknowledgment of the debt by the debtor.

 

7) Can you go to jail or get sued for credit card debt?

 

A civil action for collection of sum of money may be filed by the credit card issuer for non-payment after the credit card debt becomes “due and demandable.” This is not punishable by imprisonment. However, there is a possibility of the “attachment of your properties” to satisfy the amount claimed by the credit card issuer.

 

It should be noted that a criminal case may be filed against the cardholder for committing prohibited acts under Republic Act No. 8484, otherwise known as the Access Devices Regulation Act of 1998. Such illegal acts include 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 (as provided under Section 9 of the law).

 

There is presumption and prima facie evidence to have utilized the credit card with intent to defraud under Section 14 of R.A. No. 8484 if a cardholder abandons or secretly leaves the place of employment, business or residence stated in the cardholder’s application or credit card, without informing the credit card company of the place where he or she could actually be found or contacted—if at the time of such abandonment or “surreptitious leaving,” the outstanding and unpaid balance is past due for at least ninety (90) days and is more than P10,000.

 

8) Can people from collecting agencies go to your house? What can you do when they do this?

 

There is no law or regulation banning collecting agents to go to the house of the cardholder. Collection agents may resort to all reasonable and legally permissible means to collect from the cardholder the amount due under the credit card agreement, provided that in the exercise of their rights and performance of duties, they must observe GOOD FAITH and REASONABLE CONDUCT and REFRAIN FROM ENGAGING IN UNSCRUPULOUS and INTOWARD ACTS.

 

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ano yung worst case scenario pag di ka nakapagbayad ng deliquent credit card? will it affect the future status of your children?

 

there would be two worst case scenarios i can think off.

 

first is that the banks can sue you, and attach a personal property.... however, this can be true if the amount of debt is more than the amount of the defaulted amount. if the amount of the property is more than the amount of the default, then the bank can apply for a property lien and you cannot sell the property unless you pay off first, for them to remove the lien.

 

the second scenario is that you cannot get a bank loan until you provide for proper documentary evidences as payments.

 

it will not have any direct effect on your children, except that for example, you die and you leave the property to your children na may lien. they may have to pay it off first to remove the lien (as per my first example.)

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paano kung sa mga gusto ng magbayad pero ayaw dumaan sa mga collection agency?, as we all know....masisiba mga collection agencies ... what will be the most effective procedures for this?

 

Lets say you have 50k, but your outstanding debt is 100k.

Go directly to their head office and recoveries department. Ask for someone who can help you.

Tell him/her you have cash right now and you want to settle your debt and if it is possible for the recoveries officer to accept it on the note na hindi ka aalis and iissuhan ka ng certificate of full payment ngayon (kaliwaan mode).

Pag hindi pumayag alis.

 

Any wise recoveries officer will accept your offer. Cash na yan eh....

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Saang settlements department ka pupunta? sa Bank or sa creditcard na pinagka utangan mo? Or dun sa collecting agency?

 

Kala ko ba we all agreed na wala na magbabayad or mag settle sa utang! kasalanan nila yan eh papautang sila ng unsecured loans or credit card! yaan mo sila mag dusa! Hahaha :P

 

sa credit card company mismo.

 

 

 

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  • 9 months later...

Salamat in advance sa makapagpayo.

 

Sa balak pumasok ng small time lending business, na isasangla

ang ATM card, ano proteksyon ng nagpautang sakaling mag declare sa banko ang umutang at sabihin nawala and ATM CARD at mag request ng bago ?

Edited by danbrown
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Salamat in advance sa makapagpayo.

Sa balak pumasok ng small time lending business, na isasangla

ang ATM card, ano proteksyon ng nagpautang sakaling mag declare sa banko ang umutang at sabihin nawala and ATM CARD at mag request ng bago ?

 

Wala kang proteksyon pag ginawa nya yan..advice ko is humingi ka nalang ng collateral(jewellery or anything na may value) Wag ang mga atm atm cards.

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