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

****Threat to file ESTAFA under Article 315*****

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

akustik82


Arresto Menor
Greetings Attorneys!

My wife was a former dealer for Boxxxalk, a direct selling company that operates in the same way as Avon.
Unlike other dealers who have credit lines, my wife pays in cash every time she receives her orders. In short, bayad na lahat ng idinideal nya na mga Boxxxwalk products sa mga ka-opisina namin.
She was in the waBoaxxdxxxlk dealership thing from year 2009 to May 2010.
Now we were shocked to receive a demand letter from Boxxxk's Attorney and Counselor-At-Law saying that my wife has an outstanding balance from April to May, amounting to PHP7,529. The letter was drafted last October 2010. As of that time, xxxxwalk's attorney is claiming that we owe them an additional 6,722 in interest of the unpaid balance. So the total amount Boaxdxxxk is demanding is about 14,251.
The letter was registered in the Ortigas Center Post Office last December 23, 2010. We live in Dumaguete City, Negros Oriental and we only received the letter this January 17, 2011.
Now we talked to our Boxxxxxlk sponsor and she said that the middle man who delivers Bxxxxalk products and payments from Bacolod to Dumaguete City was the one at fault because he did not remit the payment we have given him.
The middleman's office has closed up, but we still have the receipts that will prove my wife has paid in cash every product that we ordered from Boxxxxxk.
We called the Boxxxxk attorney and she said that we should settle the amount immediately or else it is highly possible that they may continue to press ESTAFA against my wife as per Article 315.
We told her that we got the receipts to prove that we do not owe anything from Boxxxxxk.
Our Boxxxxxxk sponsor here in Dumaguete is also willing to testify on behalf of my wife's innocence.
The Boxxxxxlk Attorney seems not interested and frankly told us to visit the nearest main Boxxxxxk office, which is in Bacolod City, and pay the amount specified in the demand letter.
We are not willing to pay the amount because we never owe them in the first place and we have hard evidence to prove that we have paid what we ordered.
What counter action can we avail of?
We have receipts and the local Boaxxxxlk sponsor here in Dumaguete is willing to vouch for my wife's innocence.
We are truly disappointed that Boxxxxk is demanding money from my wife when we do not owe them nothing. And it is really vexing that they plan to file Estafa charges against my wife.
We are planning to visit Boarxxxxk's office at Bacolod City to clarify the whole issue. In the event that Bxxxxxk would not want to honor the receipts proving that my wife has paid in cash everything she ordered, can we file counter-charges here in Negros Oriental?
If so, what particular action should we take?

Thank you very much for taking time to read this.
I look forward to your expert advise on this matter.

More Power and God Bless,
RPA

View user profile

attyLLL


moderator
the way to do it is not to call but to send a letter responding to the demand letter. address it to the atty. answer his claims and provide proof of your payment. include an affidavit of the dealer if possible.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

akustik82


Arresto Menor
Thanks for your advice, attorney.
More power to your cause.

RPA

View user profile

ahyie3


Arresto Menor
Greetings, I also have problem regarding this,also similar to my issue,nag file ng estafa Ang bxxxxwk,I have a due date ng product nila 07/10/2010,I do remember na iretuned the product because maliit yung sizes,and it cost 860 pesos.first time lng sila nag padala ng letter final demand na raw po na bayaran yung penalty. bali 860 naging 2800,yung pinababayaran sa kin,nasa kanila naman na yung product.

View user profile

ahyie3


Arresto Menor
pwede ba silang mag charges non ang laki naman ng hinihingi nila ni hindi ko naman nakuha yung product,di na nila napalitan ng product na hinihingi ko pero sinasbi nila sa records nila ay napalitan daw nila,

View user profile

attyLLL


moderator
i really doubt they will actually file a case, but if they do, be prepared with your evidence. I also recommend that you send your response in writing.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


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