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Free Legal Advice


Butsoy

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tried it, bro.  result: "invalid security descriptor" in mah face!  :(

 

Is your current machine's name the same name that it had when you had access to the files? If not try renaming it to the previous name or else I doubt if you can access it. (I think... :P ) Try booting to safe mode and adjusting the permissions there...maybe that will help, other than that, I think it's like your previous problem. :headsetsmiley:

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Tanong lang po, appreciate your answer,

 

I have a friend under sya sa Agency, he started working on April, 2004, And when he recieved his 13th month it was computed from April 1 to Nov. 15 the excuse of the employer is they have a company policy for cut off's.

 

When I read PD 851, it is stated their that the basis of 13th month is calendar year. although according to the employer they can receive naman daw yung 13th month year. tama ba yun, pwede nya ba nahabulin agad yun from Nov 16 to Dec 31, 2004. Kasi ang implication dyan is ginagamit nila in advance yung 13th month mo di b?

 

Any bright lawyer to elaborate this. Thanks ng marami in advance, if you need further info pls pm me.

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xhibay,

 

Im not familiar with Citibank or HSBC's policy on stolen credit cards. First of all, please try to read the terms and conditions agreed upon when your friend applied for the credit card.

 

Anyway from what i know, precautionary measures are imposed by credit card companies on business establishments to minimize fraudulent/unauthorized transactions on their client's account. Among these measures are the cardholder's picture/ID and signature. If there is no signature at the back of the card or that the signature on the card does not match the signature in the receipt, then the business establishment may refuse the cardholder from using his card as payment for the transaction. If they accept, they do so at their own risk.

Remember, credit card transaction receipts are made in three copies: Bank, Establishment, and Cardholder. Whether or not its your friend’s signature on these copies will be known after examining them.

Another measure is the picture/ID. Some credit cards have the cardholder's picture on it and some dont. If there's a pic then its easier for the business establishment to verify whether the user is really the cardholder. If there's no picture on the card then the business establishment is required to demand from the cardholder an ID.

 

That said, I believe that you and the bank can trace those transactions and determine whether ot not those reciepts are forged.

 

Anyhting new pops up. Feel free to post again.

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adrienne888,

 

Sorry, dont understand what ur saying in the 2nd par.

 

Anyway, basically, 13th month pay is computed by adding all of the monthly salary received within a calendar year (Jan 31-Dec31) and divide it by 12.

 

In your case its (April 15 - Dec 31 salary) / 12 = 13th month pay.

 

In case you have further inquiries, please post it here.

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xhibay

 

regarding credit card theft , not sure doon sa HSBC , but citibank have a policy , if your friend have paid a certain insurance that comes w the annual fee's eh waive automatically purchase , 2 hours prior to the incident , do check w the customer support.

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Good Day Counsels!

 

My friend is seeking legal advice since she told me yesterday that she had received a final demand letter from HSBC stating that she needs to pay the full amount due on her credit card or else they will file a civil case against her and or a CRIMINAL CASE as well due to R.A. 8484. Both of us got puzzled since we know that no one gets jailed for non-payment of debt unless that person issues a check that bounced to pay for his/her debt in which I believe is a totally different case. So my friend is quite scared right now because of this because first of all she didn't do this in purpose. She's been a good payer eversince she had gotten her credit card its just that she's in a financial crisis right now that's why even if she has a job she still can't allocate some funds for her CC payment.

 

So is this really true? Can you now be charged a criminal case because of non-payment of your credit card debt? I think RA 8484 is credit card fraud which is a totally different thing. This is the first time that I've heard this. So any inputs from our dear counsels would be very helpful.

 

Thanks in advance!

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adrienne888,

 

Sorry, dont understand what ur saying in the 2nd par.

 

Anyway, basically, 13th month pay is computed by adding all of the monthly salary received within a calendar year (Jan 31-Dec31) and divide it by 12.

 

In your case its (April 15 - Dec 31 salary) / 12 = 13th month pay.

 

In case you have further inquiries, please post it here.

Thanks po Bokam,

 

regarding the second paragraph, the employer only paid him from april 15 - to Nov. 15 because the employer said they have a company policy using cut-offs. Meaning instead of paying 9 months (apr to Dec) they only gave him 7 1/2 months because of the cut off policy. Is that allowed by the law?

 

Thanks po uli, hope for prompt reply.

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