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Over collection of Payment

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1 Over collection of Payment on Sun Aug 11, 2013 2:26 pm

Jojo Co


Arresto Menor
Good Day, My friend's grandmother, a retired metro aide, loan P7,000.00 cash from their lady barangay kagawad on March 2012, with a promise of paying by giving her GSIS pensioner ATM and PIN to the kagawad. their agreement is from her 3,053.00 monthly pension the kagawad will withdraw P3,000.0. P1,840.00 will be her monthly payment and P1,160.00 will be returned to her as her monthly change "SUKLI". The problem the agreement does not include the duration of payment and interest rate.

Because the P 1,160.00 monthly change was not enough, what she did was get she gets cash advance of 200 or 300 from her "SUKLI" for the following month which the kagawad also deducted it Whenever she gets her "SUKLI" the following month.

It's already 1 year and 4 months and she's not yet finished paying her loan, on several occasions she had ask the kagawad to compute if she is done paying so she can get her ATM back, but the kagawad just told her that she's not yet done paying. and told her because the kagawad is charging her 20% per month and because of her cash advences her debt increases and she still have to pay 16,750 with a monthly payment of 2,700.00 from march 2013 until December 2013 without explaining how her debt balloon to that amount.

Because of the kagawad refuses to have an accounting on her debt, July 2013 she went to the bank to get a Bank Transaction Statement. She discover that the kagawad has withdrawn all the money that she can get in her ATM account, the kagawad even withdrew the " mga naipon na butal" which is not part of their agreement

1) the kagawad withdrew P1,000.00 from her remaining balance on March 2012 but payment should start from april 2012,

2) the kagawad also withdrew her midyear bonus which is not part of their agreement which the kagawad belied to her when she ask the kagawad if she received any bonus during the year 2012 and told her she got no bonus.

3) the kagawad also withdrew of an excess of 1,100.00 per month since january 2013 up to july 2013 baecuse She also got an increase on her pension from 3,053 to 5,000.00 which started from January 2013 and the kagawad also lie to her and even gave her an ATM receipt as proof that there is no increase in her pension. but she discover that they divided the withdrawals into two withdrawals and the kagawad just show her the last withdrawal receipt just to prove that there is no increase.

We have computed  the over withdrawals or withdrawals outside of their agreement it reached 11,200.00 and 53,800.00 withdrawals which is in accordance with their original agreement.

but we have also computed that she should have done paying her original loan of 7,000.00 plus interest 4 to 5 months using the max legal interest of 2.5% per month.

about her cash advances the kagawad deducts all her cash advances from her "SUKLI" the following month and she did not get any cash advance greater that her "SUKLI" so it should not be counted as another "utang"

Upon the discovery she requested the bank to deactivate her ATM to stop the kagawad from getting more money from her account. she also went to their barangay for help so that they can get a honest to goodness accounting of her debt, but the kagawad refuses and insist that she pay her the 16,750 balance or they will charge her with estafa in court.

Is it possible for them to charge her with estafa? will the case prosper in the prosecutor level?
and can the grandmother also charge them in court because the PAO advise us just to file a small claim at the MTC because small claim is faster to resolve.

Your advice will be deeply appriciated Thank You

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