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Need Advice for Unpaid Credit Card Loan

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1 Need Advice for Unpaid Credit Card Loan on Tue Jul 31, 2018 3:27 pm

jimmygammi


Arresto Menor
Hi, today we received a letter from a collection agency with regards to my mother’s unpaid credit card debt. To sum things up, my mother quit her job some time in 2011 because of her hypertension and enlarged heart, leaving her unable to pay her credit card loans.

The letter we received from Summit Collection & Allied Services Inc. seemed to contain a few red flags. Here is the message body for reference:

https://imgur. com/a/ynFJvLN


Here are a few questions of mine:

-On the second paragraph, how can they state that “it cannot be denied that with deceit and fraudulent intent?” What is their basis? Are they implying to file estafa? On what possible grounds? My mother never issued any cheque or signed any promisory agreement to pay on arrears

-Can my mother’s unresponsiveness be really used as “evidence of admission of criminal liability?” Isn’t it a bit too farfetched?

-Is there any statement in the letter that could be considered as grounds for harrassment? My mother has heart and blood problems and this letter is not helping her condition.

-What’s the best course of action for this? Should we take it to the court? My mother can no longer pay this amount that they’re demanding to be paid as soon as possible. She also has no properties left. We are still in a deep financial hole in form of college debt and we cannot settle this amount right now, but we intend to settle it once the other debts are patched up.

EDIT: the letter obviously states we could submit a compromised agreement but it seems they only want a full payment after my uncle tried to call in behalf of my mother. Can someone explain this?

I would appreciate all responses. Thank you!



Last edited by jimmygammi on Tue Jul 31, 2018 4:07 pm; edited 2 times in total (Reason for editing : Updates)

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2 Re: Need Advice for Unpaid Credit Card Loan on Tue Jul 31, 2018 3:54 pm

xtianjames


Reclusion Perpetua
If your mother cannot pay, you can advise the law office to proceed with the case they will file and just proceed dealing with this in court.

Keep in mind that they can file whatever they want but it does not necessarily mean that the court will accept any case that has no merit.

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3 Re: Need Advice for Unpaid Credit Card Loan on Tue Jul 31, 2018 4:16 pm

jimmygammi


Arresto Menor
xtianjames wrote:If your mother cannot pay, you can advise the law office to proceed with the case they will file and just proceed dealing with this in court.

Keep in mind that they can file whatever they want but it does not necessarily mean that the court will accept any case that has no merit.

That’s what I’m thinking. However, what I can’t accept are what appears to be underhanded scare tactics of the collection agency. I may be young, but I’ve heard a lot of horror stories with these collection agents and I bet this is just the first of many bullets they’d fire. I can take the insults and empty threats if it was me, but I don’t think my 61-year old mother with heart problems could.

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4 Re: Need Advice for Unpaid Credit Card Loan on Tue Jul 31, 2018 4:50 pm

xtianjames


Reclusion Perpetua
you can check the BSP circular for unfair collection practice and see if they violated it.

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5 Re: Need Advice for Unpaid Credit Card Loan on Tue Jul 31, 2018 5:26 pm

jimmygammi


Arresto Menor
I’ve sent an email to BSP’s consumer affairs to see if there is anything in the letter body that can be considered as an unfair collection practice.

Anyway, thank you for your help!

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