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

masalimuot po!

Go down  Message [Page 1 of 1]

1 masalimuot po! on Wed Jun 15, 2016 2:22 am


Arresto Menor
bumili po ako ng condo unit payable for 3yrs.  inadvice po akong mg open ng savings acct. para daw po maka pg issue ako ng post dated checks.  To tell you frankly wala po akong knowledge sa cheke no idea how to use it . anyway naka pag open po ako at ng iwan po ako 36 signed checks po sa agent na kausap ko before i leaved the country . So I sent the  money  here consistently thru remitance on the same bank .  Suddenly after paying it for almost 2yrs i recieved email from a developer a written notice to settle all my unpaid overdues including interest actually i started paying it from 12/09 they emailed me around 2011 and according to their email their  wasnt get my payment since 2010.  It was shock bec i am paying it consistently i have my receipt and bank statement from the bank I am sending here i replied my developer to double check it but no reply at all so i thought there 's only some mistakes. after a few mos ago their emailed me again saying that i am chosen for a Xmas amnesty campaign i didnt understand it so i called them to ask what are they talking about then they confirmed me about my overdues and it was really shaken me.  I call the Phil Bank to ask about what happen and why my developer cant able to get my payment that i am sending BM told me bec i am lack of fund how can this happen i am screaming on her tell her why this thing happen she told me ask my brother bec were joint acct another what?? how come were joint acct i dont remember we open a joint acct. he accompany me to the bank just to take me to the bank actually during the time i am asking my bro which bank were going  kept asking him why not the same branch near in our house he just told me he knew the BM in Anonas branch , we live in Cainta , kept telling him dont bring me there bec i dont know the place i cant able to go there alone next time and why we need assitance i am just going to open an acct. so to make the novel short i go back to phil to sort this !st 2/2015 to 5/2015 bec i just knew everything happen then i came back 7/2016 to 4/2016 too long but nothing happen i dont know what to do i hired lawyers but their nothing to do about this most worst the last lawyer i hired paying him 70k  he never does anything he just bring me to the bank bec before that i am the only one w/ friend going to the bank to ask for my records and they dont give me only bank statement 1 time my friend and i went their and told BM were not living until they will give any records of mind after 4hrs waiting they show me and supposed to give it to me after they make a copy of it before that i read it and ask her about the day i signed it i was supposed in the phil during that day she told yes so i saw the date and a bit confused it was dated 4/18/2012 and telling my friend i wasnt here that day and trying to remember it until i found the xerox copy included on the document that they show me my resident card visa will be expired on 4/14/2012 and during that time i got a mistake i extend my visa on may 2012 so it mean i am not in the Phil during that time and BM hear what my friends are talking about so they dont give it anymore even the lawyer i hire he bring me to the bank once after that everytime we ve met nothing he just telling me i will not win on this I dont understand even the developer the OR  i ask them to send thru email it was 1.277m from their demand letter its only 906.000 from my OR came her its 1.690 the unit cost 1.8 and asking me now for 2.9m since then i kept going to thier office but they only saying they cannot do anything even to reconstuct it they always telling me to make a demand letter for reconstuction but nothing i dont know no one explained me until 1 time when i went their again talk again the agent told me he will revise it make a few days then after that he never called i call somebody told me his on leave so what happen again nothing so his supervisor for the !st time talking to me she never came to me to talk only the agent who doesnt know how to talk she told me interest are already deducted why they dont tell me about it atleast on their OR input interest or mortgage whatever is it in the contract yes did everyone read and understand the contract well my Question how this thing happen developer are no responsibility to informed me about my un paid payments 2yrs is that normal to ask your client regarding the payments they told their not responsible for it i know my obligation yes like this thing happen how can i know if i knew myself i am sending money and how come i was a joint acct i dont any reasons to make him a joint partner i only open an acct bec that was the payment procedures and now sending me a notice for forclose i really dont understand pls help me they almost got everything for me all my siblings. but this time i cant take it anymore pls help thanks sorry for this novel!!

View user profile

2 Re: masalimuot po! on Wed Jun 15, 2016 2:52 am


Reclusion Perpetua
Hello po,

Let me just organize the facts:

1. You and your brother opened a joint checking account;
2. You issued 36 checks to the developer;
3. Your checks bounced because of insufficient funds;
4. You've been depositing money into your account religiously;
5. Developer has sent you a demand letter;
6. Developer will cancel your account and forfeit all payments.

I have just one question: Who is your attorney-in-fact?

From your account, it seems that your brother has been writing checks too.

My observations are:
1. You cannot shift the responsibility to someone else regarding the checking account. It's yours and your brother's. If you are sure that you didn't open a joint account, then you were hoodwinked by your brother.
2. From the developer's point of view, client's check bounced due to insufficient funds. After 3 months of not paying, the account is usually cancelled and all payments forfeited.
3. Your lawyer will be advising you not to pursue the case if he sees that this will only clog the courts, and he may be open to a lawsuit for suspension or disbarment.

My suggestions are:
1. Get a bank statement
2. Find out what date your check bounced
3. Read your condo contract
4. Talk to the developer

Let us know what happens next so you may be advised. Good luck.

View user profile

3 Re: masalimuot po! on Wed Jun 15, 2016 8:31 pm


Arresto Menor
good pm po sir/ madam betchay001, answer ko po yun questions nyo by no. na din po pra po medyo malinaw.

1. hindi po sinamahan lang po nya ako pra i pag drive no idea for joint account.
2. opo 36 checks for 3yrs payment ako lang po ang ng sign
3. wla pong ng bounce checks my mga OR po silang pinadala saken thru email po mula 12/2009 to mid 2011 at 2x po ng 2012 . Ble po wala na silang nakuha payments ilang buwan ng 2010 ,2011 and 2012 nalaman k po na may unpaid dues ako once ng june 2011 at once ng nov 2011 kya po umuwe ako ng dec

View user profile

4 Re: masalimuot po! on Wed Jun 15, 2016 9:16 pm


Reclusion Perpetua
What were the reasons of the developer why some months were not paid?

View user profile

5 Re: masalimuot po! on Sat Jul 02, 2016 3:56 pm


Arresto Menor
san nanggagaling ang OR mo, mismo sa developer or forwarded lang sa yo ng borther mo,are you sure that those OR na binibigay sa yo are not fake , its easy to get that fabricated , especially kung scanned lang hinihingi mo and pinadadala sa email mo , and hindi mo hinihingi ang original na ipadala sa yo by postal mail. recto lang katapat nyan , meron na OR na almost looks like original receipt , sealed or stamped pa. you cannot distinguish the difference kung scanned copy lang and ipapadala sa email need the original to notice that there's something missing. I know its your brother but i'll tell you this based on my own experience, blood is no thicker than water kung pera na pinaguusapan. Or maybe i'm wrong, maybe its something else. and its odd na years ang inabot and ndi cla nakatanggap ng payment, they didn't foreclosed the property , normally , just 3 months delay will put your property on foreclosure if you didn't settle your arrears. why i know,coz i have a townhouse that's on amortization and i got delayed 3 mos.,i received a foreclosure notice.
so maybe you're lucky coz may amnesty that's being offered to you, but be careful accepting that as well,coz signing up on that amnesty means you are accepting that everything about the non-payments are true and you genuinely didn't pay. if i am you,i'll investigate first the money flow from your remmittance center to your account in the philippines, if there's deductions/withdrawals for cheque settlement sa amortization mo receipted to your developer,then nagbayad ka, but if your deposits are withrawn before the scheduled cheque settlement , and is receipted as withdrawn from atm or counter, then your cheque will bounce coz there's no fund.

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

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