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Estafa case for American

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1 Estafa case for American on Sat Oct 23, 2010 10:47 pm

tidied


Arresto Menor
I have been in the philippines for 4 months and love it here. I am from america. I leased a house from this woman and gave her a check for the deposit. When I gave it I asked her to wait till wednesday to cash it..She went in on the prior monday. Metro bank closed my account due to this and has cause me all kinds of trouble. I had my wife send me the money to cover the check but now I've had trouble at the house...I rent rooms to people I work with and One night it rained horribly and filled up the basement (and 2 tenants rooms) with almost a meter deep of sewage from the septic system. backed up completey. I am wanting out of the rental contract but the woman has sense filed a estafa case against me for the check that bounced. I also found out she had went to the Barangay, but I never received a summons until after the barangay meets had happened. SO now what happens. I have the money to pay the woman, but she has now gone to america, but i hear from the help at the house that she went to NBI or something and told them all kinds of things about me. I don't really know what to do.

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2 Re: Estafa case for American on Sun Oct 24, 2010 4:48 pm

attyLLL


moderator
where was this estafa case filed? at the bgy only or at the prosecutor's office? did you received a subpoena?

are you still staying in the rented house?


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3 Can I claim my money back? on Mon Oct 25, 2010 10:56 am

sheila


Arresto Menor
Good day!
I applied for a student visa for U.K last January of this year at a Processing Agency but then the latter wasnt able to process my papers for Visa appplication because i lack IELTS qualification which is now a prerequisite of the school where im supposed to be admitted. The recent changes that took effect in the UK affected my application and the increasing tuition fees prompted me to withdraw from Enhance Agency. However, the Agency will not return the amount of Php 50,000.00 which I gave them because of the following reasons:

1)Enxxxce have rendered services to my student visa application.
2.they claimed that I refused to sign and return back the MOA despite my knowledge to return the MOA to them, even if thay have demanded it from me several times.
3.because we had a verbal agreement during the orientation.

The MOA they sent me through LBC courier did not locate my address so it was returned to them. So how can i sign or even agree to a non-existing document? If presupposing i received the contract,it is my prerogative not to sign the MOA because the terms and regulations laid there are not being discussed during the orientation.

They cannot continue with the process of my visa application also because i dont have IELTS yet.

It is incorporated in the contract that in the event that the application of the second party is denied due to financial instability, etc or should change be made by the Embassy at any time after the signing of this agreement and the filing of the application with the embassy and should changes lead to the disqualification of the second party, or,should the second party abandon their desire to use the services of the first party at any time after the signing of the agreement, with any deposited amount, whether the application has been filed or not, or should the visa application be rejected for any reason other than those listed in this agreement, there will be NO REFUNDS but only TRANSFERRABLE.

The Memorandum of Agreement contains the complete terms and conditions of the agreement between the FIRST PRTY and the Second party. Terms and conditions not included in this agreement are expressly omitted and cannot be incorporated without the written and signed amendment to this agreement.

My question is can i still claim the amount i gave them despite all their contentions? Please advice. Thank you!

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4 Re: Estafa case for American on Mon Oct 25, 2010 10:46 pm

attyLLL


moderator
sheila, is there an aspect to this where the promised that they will find work for you in the UK. in the news recently, a similar agency was raided by the makati city police for illegal recruitment.


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5 verbal aggreement on Fri Nov 26, 2010 10:23 pm

sheila


Arresto Menor
yes, the marketing representative told me that they are going to seek a job for me in UK while studying there. They were offering a study-work program for every applicant to U.K. Furthermore, the reason why i gave my money too is that the marketing representative who gave the orientation told me that if i start my application i can possibly join the next intake. Probably 3-4mos after starting my application.

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6 Re: Estafa case for American on Sat Nov 27, 2010 9:54 am

attyLLL


moderator
your first step is to send a demand letter. you can refer to filing a case of illegal recruitment as what was filed against a similar agency. good luck.


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7 Re: Estafa case for American Today at 10:56 am

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