linux_distro Posted February 6, 2008 Share Posted February 6, 2008 This is one instance you should not ignore the demand letter as it looks like the association is preparing to file a collection suit. May I suggest you write the association a letter explaining your position why you are not paying the penalty, and that you are tendering the full amount for the association dues. You deliver the letter together with the amount; have the letter properly received and the amount receipted. The receipt may indicate that the amount you paid refers only to the dues and that excludes the penalties. You can ask HLURB at 9273061 for additional advice, also ask HLURB if the association has lost its right to collect the dues after certain number of years - prescription. Good luck. My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980. My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason: She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues. To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance. Quote Link to comment
archer_fox Posted February 6, 2008 Share Posted February 6, 2008 gud day sir,,regarding ito sa auto loan,,,nag loan kami sa bpi,,,ipinangalan ito sa kapatid ko na babae...pro ako ang nagbabayad sa bangko,,,me incident na gusto nya kuhanin yung sasakyan ay di ko binibigay sa kanya knowing na ako ngbabayad,,nasa cutody ko ito ngayon,,,kung legal ang paguusapan,,talo tlga ako kasi nakapangalan sa kanya,,,ano ho ba ang pwede ko gawin dto... Quote Link to comment
RSSS Posted February 7, 2008 Share Posted February 7, 2008 @ MNdMud4s3x & linux_distro: Thank you for your inputs sir, it helped a lot since I really don't know anything when it comeswith the laws of those homeowner's associations. I hope this would be settled in our favor. BTW what does HLURB stands for? Quote Link to comment
mlpf Posted February 7, 2008 Share Posted February 7, 2008 @ MNdMud4s3x & linux_distro: Thank you for your inputs sir, it helped a lot since I really don't know anything when it comeswith the laws of those homeowner's associations. I hope this would be settled in our favor. BTW what does HLURB stands for? Housing and Land Use Regularity Board. It is located along Kalayaan Avenue right next to the QC Hall. Quote Link to comment
mlpf Posted February 7, 2008 Share Posted February 7, 2008 gud day sir,,regarding ito sa auto loan,,,nag loan kami sa bpi,,,ipinangalan ito sa kapatid ko na babae...pro ako ang nagbabayad sa bangko,,,me incident na gusto nya kuhanin yung sasakyan ay di ko binibigay sa kanya knowing na ako ngbabayad,,nasa cutody ko ito ngayon,,,kung legal ang paguusapan,,talo tlga ako kasi nakapangalan sa kanya,,,ano ho ba ang pwede ko gawin dto... Does your sister give you any written receipt every time you give her the monthly payment? You need proof that the money used for paying the car loan in the name of your sister actually came from you. Quote Link to comment
Dr_PepPeR Posted February 11, 2008 Share Posted February 11, 2008 Does your sister give you any written receipt every time you give her the monthly payment? You need proof that the money used for paying the car loan in the name of your sister actually came from you. This is easy to prove. If you paid by checks, just get the returned checks from your bank. If it was via direct deposit, then just keep the deposit slips. If you paid directly, then you would have the OR for the amortizations. If you gave the cash to your sister without any receipt, well then it would be a bit more difficult. Quote Link to comment
darth_johnnie_walker Posted February 13, 2008 Share Posted February 13, 2008 (edited) To MTC's GreaT Lawyers, I've been in an accident recently with another car and sad to say its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number and number ng linsensya ko,kaso di ko binigay exact details ko (address and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol pa sa akin yung other party.. Tnx.. DJW Edited February 13, 2008 by darth_johnnie_walker Quote Link to comment
ej_qn Posted February 14, 2008 Share Posted February 14, 2008 Mga sirs/maam, do you know any labor attorneys? Really need a labor attorneys input. Nagkaka gulangan na sa sweldo ng kapatid ko eh. Could you pls pm me. Salamat po ng malaki. Quote Link to comment
moichi Posted February 14, 2008 Share Posted February 14, 2008 sirs, question po. yung company ng sister ko may isasara na dept. buong dept i-outsource nila sa agency. di po ba bawal yun? sirs, question po. yung company ng sister ko may isasara na dept. buong dept i-outsource nila sa agency. di po ba bawal yun? Quote Link to comment
Google Posted February 15, 2008 Share Posted February 15, 2008 sirs, question po. yung company ng sister ko may isasara na dept. buong dept i-outsource nila sa agency. di po ba bawal yun? sirs, question po. yung company ng sister ko may isasara na dept. buong dept i-outsource nila sa agency. di po ba bawal yun? hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance. Quote Link to comment
Google Posted February 15, 2008 Share Posted February 15, 2008 (edited) To MTC's GreaT Lawyers, I've been in an accident recently with another car and sad to say its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number and number ng linsensya ko,kaso di ko binigay exact details ko (address and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol pa sa akin yung other party.. Tnx.. DJW its not a legal issue, but an ethical issue. bakit mo kailangang takbuhan whereas you admitted that you are at fault. wala ka bang insurance sa oto or something? if this thing would happened to you, let's say, ikaw ang naging victim, would you be happy na tatakbuhan ka ng may kasalanan? kung ganyan ang attitude mo, hwag ka na lang mag drive. parang hit and run na rin yan. kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins. maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan. tsk.tsk.tsk... :thumbsdownsmiley: Edited February 15, 2008 by Google Quote Link to comment
darth_johnnie_walker Posted February 15, 2008 Share Posted February 15, 2008 kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins. maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan. tsk.tsk.tsk... :thumbsdownsmiley: To Google, Tnx for the advise dude.. Wala naman din talaga balak takbuhan talaga yung tao.. Badtrip lang talaga ko dahil magulo makipag-usap.. Pero nagka-usap na kami ulit and thing are going well na naman.. :thumbsupsmiley: DJW Quote Link to comment
moichi Posted February 15, 2008 Share Posted February 15, 2008 hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance. but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman. today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila. next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing. yung paychecks naman nila, as in feb 1 - 15 lang ang covered. walang additional to cover any separation or what. basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok. ganun na lang ba yun? Quote Link to comment
legalavatar Posted February 15, 2008 Share Posted February 15, 2008 but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman. today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila. next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing. yung paychecks naman nila, as in feb 1 - 15 lang ang covered. walang additional to cover any separation or what. basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok. ganun na lang ba yun?sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer". file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department. my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teach is a position which is usually necessary or desirable in the usual trade or business of the employer, which is a school.. kuha mo pards? Quote Link to comment
legalavatar Posted February 15, 2008 Share Posted February 15, 2008 sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer". file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department. my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teaching position is one which is usually necessary or desirable in the usual trade or business of the employer,. kuha mo pards? kung ganoon ka indispensable ang department mo, tapos regular employees na kayo, thats clear illegal dismissal to my mind. please forgive my previous post. newbie :-) Quote Link to comment
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