Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

collection of unlawful debt

View previous topic View next topic Go down  Message [Page 1 of 1]

1 collection of unlawful debt on Mon Dec 29, 2014 3:31 am

fiya1227


Arresto Menor
A pleasant day.. your advise is highly appreciated... years ago, I incurred a personal loan fr someone.. there is no written document on such.. I was only able to pay it all up this year by monthly installments. Now d gist: according to my debtor, she made a loan from a lending company 2 years ago and she allegedly used the money when she applied to work abroad.. Unfortunately, she returned to d phils because she had differenced with her foreign employer... because of that d lending company is running after her.. accdng to her, she gives all of my monthly payments to the lending company as her payment to her loan...and now she wants me to pay d additional interest of 24thou which was demanded by d lending company. . I refused to shoulder the interest.. now d lending company sent me a demand letter. . I know my rights and obligations.. d lending company threatens to file a charge if I don't pay up... how could that be when I am not a party to that particular loan?? I didnt personally applied or made myself a guarantor for a loan in their lending company. .. there is no signed contract involvinh me.. can I inquire on what case can I file against that lending company for forcing me to pay up for d interest of someone else's loan??? Thank you in advance... god bless

View user profile

2 Re: collection of unlawful debt on Wed Dec 31, 2014 11:41 am

davprivateuser


Arresto Menor
Just for verification.

1.) When you say "she gives all of my monthly payments to the lending company as her payment to her loan" Should you mean that the debtor has the access to you financial details?

To answer you question "how could that be when I am not a party to that particular loan?? I didnt personally applied or made myself a guarantor for a loan in their lending company?

That could actually be possible even if you didn't oblige your self as a guarantor, if NOVATION took place. Novation took place if for example; X owes 10,000 to Y, with the knowledge or consent of Y, Z oblige himself to pay the indebtedness of X. Therefore, the acknowledgement of Y to Z as a new debtor, extinguished the obligation of X (Art. 1293 civil code)


Meanwhile, this is the only reason that i can see why you receive a demand letter from a lending company instead of your friend who went abroad.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum