legal Free Legal Advice

[azayco]

Sirs.

 

Tanong lang ako.My officemate is being bugged by credit card collectors.Before laging tinatawagan siya at sinasabi sa kanya na pwede siya magbayad ng partial like 5K or 8K kung di niya kaya magbayad ng minimum amount ng bill.Dumating na sa point na even if he paid patrial,it wasn't deducted from his bill,in fact his bill which was at 52k when he finally cancelled the card,ngayon 94k na!And that was within 6 months from cancelling his card.Napagod na ang co-worker,streesed out at problemado-so he decided to ignore the calls,just pay whenever may sobra siyang cash (1 to 2 K) a month.Now he receives a letter stating there's a criminal case against him RA 8484 yata.

 

Ang question,may nakulong na ba for non payment of credit card bill?My officemate is not hiding,nakukulitan lang siya sa kung sino sino ang tumatawag-and sasabihin pa na bale wala yung nga binayad niya because hindi daw ang firm nila ang kausap noon.

 

BTW-My officemate did not apply for the credit card.It was just send to him activated na.Gulat nga niya.

 

I'm sure we have some members out there who either is going through the same thing or know someone who did.

 

Thanks.

 

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.

[cooldad]

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.

 

Thank you ,sir. If it comes to that I'm sure I can find him a lawyer here in MTC who can defend him in any court including Victoria Court!

[julz2006]

Check your contract for provisions on termination and breach.

 

...thanks azayco,im doing it right now..while contacting some lawyer-brods too just in case...it may seem as just a minimal amount but it's been a pain in the a** lately..at d rin me mayaman.

 

"...the world is a vampire..."

[mistaj]

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!

[mistaj]

sorry na repost!

Edited July 2, 2008 by mistaj

[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