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Undisputed Dispute on Credit Card: Third Party Settlement

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Arresto Menor
I badly need your advice po..

       I am a credit card holder. I was in a good relationship with my bank but it changed when a transaction which I did not do was credited under my account.
       Last October 2014, i tried using my card but it was declined. I did not use ky card then thinking that I have a due that I need to settle before I can use my card. When I read my e-statement, I was in shock when a transaction was carried when in fact I was already declined and stopped using my card.I called my bank upon reading my e-statement online about the transaction. They adviced me to download the dispute form in their website and furnish it as soon as possible to be reviewed by the bank. I followed all the instructions they told me.
      I kept on paying a round 7-10k from November 2014- February 2015 to patch up with my other dues. I did not hear from the bank then. I was in despair that they didn't even call me or email mefor info about the dispute I filed. I stopped paying since then. Around March 2015, I received a better from the bank that they received my dispute form and they are reviewing my request. April 2015,I received a letter that they did not make any investigation about my case for the reason that whatever transaction made with or without a proof of signed slip is considered valid. Do you think this is fair? I called the bank and made a complaint on the use of the retrieval fee if they don't investigate..they just told me that it is the bank's decision not to make any queries about it. Since then I didn't make any payments about my debt for the mere reason that if I pay, it would as if I agreed to pay all the debts under my account including the one that I did not transact. The amount as for the record is around 32k and this is not a small amount, right? so, why will I pay for this?
       Now, my account is being transfered to other offices that claims to be in partner with the bank to handle my case. They called me up and wanted to let me pay the final settled amount ( minus the disputed amount I filed). I asked help from them if they can grant me a reconstruction of payments that would be easier on my part. I asked them if I can pay in installments but they won't agree to it. they keep on insisting to let me pay in full. I called my bank about it and they told me that I can make settlement with the new handler of the account. but still notgeing has changed. Honestly po, im the breadwinner coz my husband doesn't have a job. I have a son who is now in school and have to pay monthly tuition. I am humbly asking them to help me out with the payment but they wanted a 1-time payment of the remaining amount. They told me to look for means on how to pay but my take home pay is at its lowest na po. They keep on calling and sending me notices but just ignored it for the fact na wla pa po akng ibabayad.
      I was startled lately when they sent a final notice telling me that I need to settle everything within 5 days. If I can't pay then they'll file a civil case against me. I'm afraid of this already. I am willing to pay but in installments kang po sana..

      Please advice me po on what to do. I almost lose hope. I don't know what to do. I'm n total wreck na po..Please po..I really badly need your help..

      Thank you po in advance..

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Reclusion Perpetua
You need not pay. You will not be imprisoned for not paying your debt. Only that, when a case is filed against you and you have no money to pay, your property will be taken as payment thereof. One good thing of going to court is that you can raise defenses. Those defenses that the bank did not even bother to care. The bank did not listen but the court will.

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3 Reply from previous post on Wed Aug 12, 2015 5:34 am


Arresto Menor
good evening po attorney...

salamat po for the the advice you gave...

attorney, ask lng po sana ulit ng additional advise..this is in continuation of my problem..kasi po nkatanggap na nmn po ako ng sulat from ENZI Corp. (the one handling my account with HSBC) stating that they now agree that I'll pay staggeredly po...when I viewed the letter it stated there na if I don't pay promptly, my unwaived outstanding balance goes back to its original figure daw...but when I saw the aforementioned figures yung pinaka.outstanding balance nmn ang nkasulat..yong unang nai.waive na amount nawala na..ibinalik nla bale sa young undisputed na amount parang walang kwenta lng po...

I'm afraid dn po sa kaso kasi po teacher ako..every time may impt. po kaming I.process sa opisina hihingan kmi ng last page po nito may tanong na may kaso bang laban sa amin..ayaw ko po sanang may mangyari sa akin na ganun..ano po kayang pwee kong gawin na Hindi hahantong sa kaso po attorney?

sabi din po ng ENZI na kung magbabayad ako direct pi Kay HSbc...valid po ba kaya yun? kasi when I viewed my latest bill Hindi nmn po nkasaad yung previously agreed final amount namin...mas lumaki pa nga..tapos when I called HSBC they don't knw the amount daw na napag.usapan namin ni ENZI..nkakalito po..

please help me po again...

salamat po and more power..

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Arresto Menor
first collection agency po yan..normally po si bank talaga ang nagsasampa ng case dahil di naman pwede si collection agency dahil wala ka namang utang sa kanila,

Much better pa din na makipagsettle ka mismo kay HSBC, and if ever naman na makipagsettle ka kay Collection Agency ask for Certificate of Full Payment.

Dont forget to ask for Endorsement letter and your current SOA.

magkano na ba balance mo?

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5 Reply from previous post on Fri Aug 14, 2015 5:25 am


Arresto Menor
Sir Pepe 1928,

good day po..

yan din po ang ipinagtataka ko young tungkol sa balance outstanding balance is 139k (including the previously filed disputed amount + interest + charges incurred by that transaction)..Final offer po ni ENZI was 81k kinaltas nla yong disputed amount and charges, interest frm the aforementioned dispute..I requested to pay for it staggeredly kasi nga po mdyo gipit na po..after numerous phone calls from them which i did not entertain, finally they heeded to settle it staggeredly for 2 years bt back to 139k + 6k interest kasi nga po 2years pa matatapos..lalo po akng na shock kasi para din pong walang finality of the amount..I thought nka freeze na lahat and from that last amount it will be divided for 2 years, Hindi nmn yun po mas lalo akng Hindi makapagbabayad..

isa pa din po pala..I tried calling HSBC about it and tried reconciling with them and asked for a reconstruction of payment bt they still forwarded me to the collector.. I'm really confused na po to whom will I legally pay..

please help me po...

thank you and more power..

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Arresto Menor
You can actually pay talaga sa Collection Agency pero mahirap kasi nga hindi siya consistent sa mga amount na binibigay nila.Isa pa hindi din natin alam if mabibigyan ka ba ng Clearance after ng Full Payment mo.

I do have a friend may utang siyang 100k sa HSBC..hindi siya masingil, ang ginawa niya nagipon na lang siya ng pambayad and directly pumunta sa HSBC para masettle ng mas mababang halaga.after that napagkasunduan nila around 60k na lang. Very Happy

kung may iba ka pang tanong PM mo na lang ako.para dun kita makausap

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