legal Free Legal Advice

[legalavatar]

Good Morning MTC Lawyers!

 

A bank sent me a credit card. Since I did not apply for one, and I already have two credit cards from other banks, I did not activate it. After a month, I received a bill of Php1500.00 for annual fees. I got irked and called their customer service but all I got were either "All customer service assistants are busy..." or worse a busy tone. I emailed the bank and after 3 emails, they replied that they are willing to waive the annual fee and that should I wish to continue with the cancellation of the card, I shoul email them some personal info. I did. I thought that was the end of it.

 

This morning, I received another bill, this time Php1896.25 for the "unpaid annual fee", service charge, and late payment charges. I got pissed! I called the customer service again but all I got was the same recording that all customer service assistants are busy. I stayed on the line for 15 friggin' minutes getting the same recording again and again.

 

This is stressing me out and my blood pressure is shooting up. I want to get back at them for their inefficiency and lack of sensitivity. Can I do something about this legally?

 

Thanks and more power to the MTC legal thread!

 

Yes. A contract is only binding upon the contracting parties. Since you did not forge any agreement with them, you are not liable to pay them for any amount. I suggest that you send the credit card department of the company BY REGISTERED MAIL a strongly worded letter demanding that they stop sending you billing statements for a credit card which you did not apply for, with a corresponding threat to sue them for negligence should they not cease from sending you billing statements.

 

Relax and don't worry about it. They have no cause of action against you. On the other hand, you have a cause of action against the credit card company, to name a few: damages for negligence, invasion of privacy, even a criminal charge of falsification (for making it appear that you entered into an agreement with them when in fact you did not).

 

Cheers!

[azayco]

Hi legalavatar

 

Do you think mistaj's "delinquency" will be entered into the credit card database and made part of his credit history?

 

Anyway, in addition to legalavatar's advice, I suggest you keep the card. Usually, the card comes with a sticker attached to it. Do not remove the stocker. It will help show that you did not activate it.

 

Good luck!

[ejomc]

First of all there must be a contract specifying these things you mentioned. As far as I know, yung sa SSS and sa Philhealth lang ang legal requirement that covers househelp. Moreover, any case regarding non-payment of benefits as claimed is filled with the National Labor Relations Commission and not the DOLE itself. If its a legal summon or subpoena, its prudent to look into into just to be sure what is it all about.

 

The financial assistance they gave is already commendable since nothing in our laws labor or otherwise dictates such.

 

Hope that helps.

salamat bossing

[mistaj]

thanks a lot legalavatar. i'll follow your advice.

 

thanks a lot too azayco. good point. my "delinquency" with this company might jeopardize my good standing with other card companies.

 

btw, i kept the sticker in the card. i'm really itching to talk to these people and give them a tongue lashing! just to vent out my anger and lower my bp.

[braeden]

Hi legalavatar

 

Do you think mistaj's "delinquency" will be entered into the credit card database and made part of his credit history?

 

Anyway, in addition to legalavatar's advice, I suggest you keep the card. Usually, the card comes with a sticker attached to it. Do not remove the stocker. It will help show that you did not activate it.

 

Good luck!

 

if mistaj's doesn't do anything about it, sooner or later it will indeed be a part of his credit history. best thing to do is to contact the cc issuer and have all the charges waived.

[pido_32]

I HAVE A QUERY. SUPPOSING THAT AN INTRUDER ENTERS A HOUSE THRU AN UNLOCK DOOR AND STEALS MONEY AND JEWELRY HE FOUND ATOP A TABLE. THIS INTRUDER EXITS THE HOUSE USING THE DOOR IN WHICH HE ENTERED. BUT THE OCCUPANTS OF THE HOUSE DOES NOT USE THE SAID DOOR AS INGRESS OR EGRESS, BUT MERELY USES THE SAID DOOR AS A MEANS OF VENTILATION. THAT THE OCCUPANTS OF THE HOUSE USE THE WINDOWS OF THE HOUSE AS THEIR INGRESS AND EGRESS.

 

WHAT IS THE PROPER CHARGE AGAINST THE INTRUDER? PLS HELP

[pido_32]

I HAVE A QUERY. SUPPOSING THAT AN INTRUDER ENTERS A HOUSE THRU AN UNLOCK DOOR AND STEALS MONEY AND JEWELRY HE FOUND ATOP A TABLE. THIS INTRUDER EXITS THE HOUSE USING THE DOOR IN WHICH HE ENTERED. BUT THE OCCUPANTS OF THE HOUSE DOES NOT USE THE SAID DOOR AS INGRESS OR EGRESS, BUT MERELY USES THE SAID DOOR AS A MEANS OF VENTILATION. THAT THE OCCUPANTS OF THE HOUSE USE THE WINDOWS OF THE HOUSE AS THEIR INGRESS AND EGRESS.

 

WHAT IS THE PROPER CHARGE AGAINST THE INTRUDER? PLS HELP

[mlpf]

I HAVE A QUERY. SUPPOSING THAT AN INTRUDER ENTERS A HOUSE THRU AN UNLOCK DOOR AND STEALS MONEY AND JEWELRY HE FOUND ATOP A TABLE. THIS INTRUDER EXITS THE HOUSE USING THE DOOR IN WHICH HE ENTERED. BUT THE OCCUPANTS OF THE HOUSE DOES NOT USE THE SAID DOOR AS INGRESS OR EGRESS, BUT MERELY USES THE SAID DOOR AS A MEANS OF VENTILATION. THAT THE OCCUPANTS OF THE HOUSE USE THE WINDOWS OF THE HOUSE AS THEIR INGRESS AND EGRESS.

 

WHAT IS THE PROPER CHARGE AGAINST THE INTRUDER? PLS HELP

 

A case for Robbery in an Inhabited Place requires that the robber enters the house through an opening not intended for entrance or egress. An unlocked door is not an opening like a window or a hole. Neither was the robbery committed by the breaking of the door since the door was unlocked. Since penal laws have to be construed strictly, the proper case is Theft only.

[MisterLee]

newbe here, would just like to ask if RA9208 is applicable to spas which only offer limitted es such as hj?

 

thanks po.

[Dr_PepPeR]

newbe here, would just like to ask if RA9208 is applicable to spas which only offer limitted es such as hj?

 

thanks po.

 

Do you mean this provision?

 

"C. Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration."

 

Honestly, what do you think?

Edited July 7, 2008 by Dr_PepPeR

[Direct Hit]

Negotiate with the card company for a repayment schedule. You may wish to negotiate the amount of total payments as well. For example, you can firmly say that you are only willing to pay principal. Make sure your agreement is documented. (The person you may be talking to right now will most likely be not around the next time you call the card company.)

 

Anyway, we have a constitutional provision prohibiting imprisonment for non-payment of debt. So a jail term for non-payment of debt is unlikely.

 

There are other instances which may (effectively) land your friend in jail. Examples are (i) issuance of checks to cover for the payments and the checks eventually bounce (the Bouncing Chicks, este Checks Law); and (ii) RA 8484 you cited, but most likely these will require an allegation of fraud or misuse of the card.

 

Please check whether what your friend received was just a letter or a pro-forma complaint (template lang, no signatures). If it is, panakot lang yan. :zorro: But do ask your friend to pay his card debts.

 

 

Sir,

 

what would be the repercussion of non-payment? Is ist true that you will be banned to travel abroad? or they will sequester your personal belongings?

 

Tahnks

[jojoendejr]

thanks a lot legalavatar. i'll follow your advice.

 

thanks a lot too azayco. good point. my "delinquency" with this company might jeopardize my good standing with other card companies.

 

btw, i kept the sticker in the card. i'm really itching to talk to these people and give them a tongue lashing! just to vent out my anger and lower my bp.

 

 

Word of caution though.....if the credit card company will file a complaint in Court, they usually notify at the same time the CMAP (Credit Management Association of the Philippines). Once ur name is included in their database, any application u make with any financing/lending/bank company will surely be forwarded to CMAP. That is why applications are usually rejected (if ur name appears in their record as one who has a record for being a delinquent borrower)

[dickyryu]

don't know where to post this pero legal question din po to.. I caught my wife cheating on me she currently works abroad and her "BF" as well, we have a daughter.. now I'm planning to go out of the country to work and I'm planning to take my daughter (legaly ofcourse) with me so my wife can't get to her.. I know the when she returns she will be looking for our daughter.... can she file complaints? what loopholes are there to avoid these complaints? If I return here in the PI is there a chance I could get arrested?

 

TIA to all those who can help me in any way

[rocco69]

Sir,

 

what would be the repercussion of non-payment? Is ist true that you will be banned to travel abroad? or they will sequester your personal belongings?

 

Tahnks

 

Ang di pagbayad ng utang ay di pwedeng gawing dahilan para di ka pabiyahe-in sa labas ng bansa. Ang naglalabas lamang ng hold-departure order ay ang Regional Trial Court, at kalimitan, pwede lamang ito i-issue sa criminal cases. Dahil di naman krimen ang di pagbayad ng utang, di ka maaring i-ban sa abroad. Ang pag-sequester naman ng personal belongings ay kailangang utos din ng korte (siguro upang isubasta ito bilang kabayaran sa utang mo). Ibig sabihin, kailangan ka munang kasuhan ng nagpautang sa iyo (civil case lamang); kailangang manalo muna siya kung saan iuutos ng korte na bayaran mo ang pagkakautang mo; at pagkatapos, ay hihingi siya ng order mula sa korte upang ipatupad yung utos na magbayad ka. Ang pagsequester ng gamit na walang utos ng korte ay isang krimen (kung may pwersang gagamitin, robbery ito), at pwede kang manlaban upang ipagtanggol ang karapatan mo sa ari-arian mo.

[rocco69]

don't know where to post this pero legal question din po to.. I caught my wife cheating on me she currently works abroad and her "BF" as well, we have a daughter.. now I'm planning to go out of the country to work and I'm planning to take my daughter (legaly ofcourse) with me so my wife can't get to her.. I know the when she returns she will be looking for our daughter.... can she file complaints? what loopholes are there to avoid these complaints? If I return here in the PI is there a chance I could get arrested?

 

TIA to all those who can help me in any way

 

dahil anak mo naman yan, meron kang karapatan sa custody ng anak mo, lalo na na ikaw lang ang magulang na nandito at nangangalaga sa bata. Kung dadalhin mo yung bata, hindi yan kidnapping o anumang krimen. In other words, walang problema dun.

 

Ang maaari mo lang maging problema ay ang travel clearance for a minor travelling abroad. Dati kasi pag isa lamang sa mga magulang ang kasama ng bata palabas ng bansa, kailangan ng affidavit of consent mula sa magulang na di kasama. Ngunit, subalit, datapwat, may narining ako na sa ilalim ng bagong guidelines ng DSWD at BI, di na ito kailangan. I-check mo sa DSWD kung kailangan pa ng travel clearance. Kung di na kailangan, paglabas mo ng bansa, kailangan kasabay mo na ang anak mo. Di na kasi mailalabas yung bata kung papahabulin mo lang sa iyo dahil mangangailangan ka ng travel clearance (minor travelling alone or w/ persons not his parents), na nangangailangan ng affidavit of consent ng ama at ina (na hindi mo naman makukuha sa asawa mo). Kung pepekehin mo naman yung pirma ng asawa mo sa affidavit krimen yun (me sabit ka).

[dickyryu]

salamat po sir kinakabahan kasi ako baka pag nag decide ako mag bakasyon dito sa Pinas eh lumabas ako sa Airport na may bracelet

 

 

about sa clearance... tumawag na po ako sa DSWD, hindi na daw po kelangan ng clearance ang kelangan lang daw po ay proof na ako ang ama ng bata.. BC and MC ok na daw po na proof yun...

 

 

maraming salamat po sir

[lexus_lexi2002]

Mr/Ms:

Four years ago I was apprehended by a MAPSA traffic enforcer with a violation of illegal counterflow & for several months I didn't get my license back, after which I was shocked to know that they charge my license by the day, so it had accumulated to almost P10,000. Is there a legal way I could get it back w/o charging me so much? Thank you.

LEX

[Google]

Mr/Ms:

Four years ago I was apprehended by a MAPSA traffic enforcer with a violation of illegal counterflow & for several months I didn't get my license back, after which I was shocked to know that they charge my license by the day, so it had accumulated to almost P10,000. Is there a legal way I could get it back w/o charging me so much? Thank you.

LEX

 

 

bakit mo pinabayaan ng ganung katagal? talagang may penalty yung ticket if not paid after 7 days. lalo na dito sa makati...

i cannot find a way to have it redeemed back legally, except pay all the charges or ask for consideration.

[lexus_lexi2002]

bakit mo pinabayaan ng ganung katagal? talagang may penalty yung ticket if not paid after 7 days. lalo na dito sa makati...

i cannot find a way to have it redeemed back legally, except pay all the charges or ask for consideration.

 

Sir,

Thanks for the feedback. with the way they charge the public mostly unfortunate like me, no wonder Makati will be very rich, it's a form of harassment, isn't it, no information before hand, this is the way they handle. Thanks Mr Google

 

 

bakit mo pinabayaan ng ganung katagal? talagang may penalty yung ticket if not paid after 7 days. lalo na dito sa makati...

i cannot find a way to have it redeemed back legally, except pay all the charges or ask for consideration.

 

Sir,

Thanks for the feedback. with the way they charge the public mostly unfortunate like me, no wonder Makati will be very rich, it's a form of harassment, isn't it, no information before hand, this is the way they handle. Thanks Mr Google

[whapak00]

Sir,

 

I'm single pero may anak na ako sa isang babae na may asawa...hiwalay na sila pero hindi legally separated tapos ung babae wala na dito sa pinas kaya ung anak ko e nasa nanay ni babae. Sa ngayon ayaw ipakita sa akin yung bata ano po ba ang pwede kong gawin para makuha ko ung bata dun sa lola? isa pa po...nung ipinanganak po ung bata nung 2004 e nakapirma n rin po ako ng affidavit na inaacept ko po na anak ko ung bata kasabay nung BC nya kaso kahit BC nung bata d ko makuha dun sa kabilang party. Any advice would be greatly appreciated kasi 4 years old n ung anak ko at ang last na nakita ko sya was when he was 4 months old p lang.

[dickyryu]

yet again I have to ask help from our legal Gurus....

 

It's regarding about annulment/legal separation.. what is the difference? which is cheaper? how do I file? how long will it take and does it require that I have to be here in the Philippines to apply?

 

so many questions in my part.. hope our member have time and patience in answering them TIA again...

[ej_qn]

mga sirs/maam,

 

I have a friend of a friend who is working in a call center. They have hazzard pay and night time diff. Pero the problem was when half her team weren't performing above their target metrics eh tinanggalan sila ng hazzard pay. When I read their contract regarding their hazzard pay eh nothing is stated that their hazzard pay will be dependent on their performance. Ngayon ko nga lang narinig itong kalokohan na ito sa buong working life ko! Alam ko pwede sila mag bawas ng sweldo dahil sa absents or tardiness pero I didn't know pwede nila kalikutin ang hazzard pay mo? For a big company nga eh 10% lang ang night diff nila at ang pambawi nalang nila is yung daily hazzard pay nila sabay yun pa ang tatanggalin.

 

Ang alam ko lang dito if it's not stated in the contract or maski binanggit ng Management Team or Payroll Team eh pwede sampahan ng kaso ang ganun. Tama po ba?

[mlpf]

Sir,

 

I'm single pero may anak na ako sa isang babae na may asawa...hiwalay na sila pero hindi legally separated tapos ung babae wala na dito sa pinas kaya ung anak ko e nasa nanay ni babae. Sa ngayon ayaw ipakita sa akin yung bata ano po ba ang pwede kong gawin para makuha ko ung bata dun sa lola? isa pa po...nung ipinanganak po ung bata nung 2004 e nakapirma n rin po ako ng affidavit na inaacept ko po na anak ko ung bata kasabay nung BC nya kaso kahit BC nung bata d ko makuha dun sa kabilang party. Any advice would be greatly appreciated kasi 4 years old n ung anak ko at ang last na nakita ko sya was when he was 4 months old p lang.

 

You can get a copy of the birth certificate from the National Statistics Office or the Civil Registrar of the city where the birth certificate was registered. In this case, the mother alone has parental authority over the child. The two of you cannot marry for she is still legally married to another. In fact, the husband can even file adultery charges against both of you. The solution is for you to file adoption proceedings. Adopt your own illegitimate child. However, I am sorry, but the consent of the mother may be necessary. You can try to ask a court to divest the mother of parental authority, but you will have to have a very good ground like abandonment, child abuse, etc.

[Dr_PepPeR]

mga sirs/maam,

 

I have a friend of a friend who is working in a call center. They have hazzard pay and night time diff. Pero the problem was when half her team weren't performing above their target metrics eh tinanggalan sila ng hazzard pay. When I read their contract regarding their hazzard pay eh nothing is stated that their hazzard pay will be dependent on their performance. Ngayon ko nga lang narinig itong kalokohan na ito sa buong working life ko! Alam ko pwede sila mag bawas ng sweldo dahil sa absents or tardiness pero I didn't know pwede nila kalikutin ang hazzard pay mo? For a big company nga eh 10% lang ang night diff nila at ang pambawi nalang nila is yung daily hazzard pay nila sabay yun pa ang tatanggalin.

 

Ang alam ko lang dito if it's not stated in the contract or maski binanggit ng Management Team or Payroll Team eh pwede sampahan ng kaso ang ganun. Tama po ba?

 

If hazard pay is stipulated in their contract, and is not dependent on performance (which is not the practice anyway), then you friend has every right to expect it. You might want to ask your friend if he/she violated any company policy. If you really think that your friend was swindled of the hazard pay, let your friend send a written memo or email to HR and ask why it wasn't given. Go through the process first before jumping the gun.

Edited July 14, 2008 by Dr_PepPeR

[winfred]

sino po ang may contact no ni atty katrina legarda paki pm nalang po maraming salamat