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badly need legal advice...

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1 badly need legal advice... on Wed Apr 13, 2011 11:10 am

mavel515


Arresto Menor
Hi this is my story:

I live here in Singapore. April, last year I borrowed money from a financial company worth 100k. Through the process, I have been very annoyed. They asked me to sign a blank promisory note and disclosure statement. I got angry for asking me to sign blank documents. They said " ganun daw talaga". I was very stress that time so I just signed it. My mom was the beneficiary that they want to put in the paper kahit na she won't get the money, then they asked me fro a guarantor, they said anybody na may business or may documents na nakapangalan sa kanya. So I ask my cousin who was a student then bat may business sila na nakapangalan sa kanya. Then they said they will open a checking account for me para dun daw ihuhulog yung payment.I knew that the interest was 5%. Since it was my first time to loan hindi ko akalain na it's 5% every month. They compute this way, 100,000/12months (1 year payable) then plus 5% of 100,000. So lumalabas na 13,333.33 monthly. I've asked my aunt who open the bakery business for me na sya na magasikaso ng loan ko. So initially the bakery is paying for my loan through my aunt. Then the bakery was closed. i was 6 months delayed for paying before ko nalaman. They have a collector pero minsan late or hindi nagpupunta so minsan nagoove the counter sa banko yung tita ko. Now I decided to contact them through e-mail dahil they started harrassing my mom and threathening her na ikukulong dahil nakapirma daw sya sa kanila. they have my number and e-mail, but they nevery contact me. recently, I contacted the branch area kung san ako nagloan but they pointed me sa collector assistant dahil wala na daw sa kanila yun. So I contacted the collector assistant, asking fro detailed computation because they ask my mom to pay 119k. she kept me waiting just to send me the outstanding amount of principal, penalty and interrest and asking me to pay this week.I ask questions, like why are they charging me penalty and interest for some months na nabayaran na. and the chequing account na inopen nila sakin ay closed na bakit may nagbabounce pa rin na cheque? coz for every cheque na magbounce may penalty and interest uli. they are charging me this way. 13,333 x 15% penaltyx 8months and 13,333 x 10% interest x 7 months. I've for explanation but they just stop responding...

my question is: can my mom be sue dahil nakapirma sya as a benefeciary?

can they also charge me with estafa coz of the chequing account that they open even if I don't have signature in the cheque as they are the one who open that account and that I'v never really seen it?

can they sue me and be asked to go back in the philippines coz of this case?

I hope you can help. Thanks

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2 Re: badly need legal advice... on Thu Apr 14, 2011 9:44 am

attyLLL


moderator
any suit against your mom will not prosper.

how can there be bounced checks if you never signed any checks?

failure to pay a debt is not a crime, but they may initiate one against you to compel you to settle. they also have the right to file civil case for collection.

5% is an unconscionable amount for interest and should be reduced by the court.


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3 Re: badly need legal advice... on Thu Apr 14, 2011 2:34 pm

mavel515


Arresto Menor
I was out of the country po ng magloan ako. Sabi po nila to do the payment kailangan nilang magopen ng checking account para dun daw po ihuhulog yung payment ko tapos dededuct po nila na mapupunta sa account nila. Wala po akong natatandaan na nagsign ng documents for bank account. posible bo bang yung co borrower ko ang magsign ng checking account na nakapangalan sakin? nagsign po ako ng promisory notes and statement of disclosure.

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4 Re: badly need legal advice... on Thu Apr 14, 2011 2:46 pm

mavel515


Arresto Menor
I mean posible po bang makapag open ng checking account under my name na ang co borrow ko ang nakasign?
ano pong grounds ng civil law?
ano pong pwede mangyari sa co borrower ko?

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5 Re: badly need legal advice... on Thu Apr 14, 2011 11:17 pm

attyLLL


moderator
why not ask your co-signatory whether she issued checks? it is not possible to open a bank account without you signing anything.

is your mother a beneficiary or a co-borrower? or is someone else the co-borrower? be clear, because these are legally precise terms with different consequences.


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6 Re: badly need legal advice... on Fri Apr 15, 2011 12:36 am

mavel515


Arresto Menor
My mom is a benefeciary and someone else is the co-borrower. I've asked my co-borrower, she just signed something but she can't remember anymore what she sign. All she know is she signed because one of their property was under her name. But they never run after her only my mom. My mom said she remember signing many documents but she's not sure what it is.

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7 Re: badly need legal advice... on Fri Apr 15, 2011 1:02 am

mavel515


Arresto Menor
ano po ba yung legal charges(interest/penalty) sa loan?

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8 Re: badly need legal advice... on Sat Apr 16, 2011 10:26 am

attyLLL


moderator
interest and penalties is dependent on what you agreed in your contract. if it is too much, the court can lower it.


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9 Re: badly need legal advice... on Sat Apr 16, 2011 11:54 am

mavel515


Arresto Menor
nalaman ko po na they asked my mom to sign the cheque. is it possible na makasuhan ang mom ko for signing a cheque under my name?

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10 Re: badly need legal advice... on Sat Apr 16, 2011 12:18 pm

attyLLL


moderator
there is a checking account which is under your name? and they asked your mother signed one of the checks? that's not good. they can make it appear she falsified the check.


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11 Re: badly need legal advice... on Sun Apr 17, 2011 2:09 am

mavel515


Arresto Menor
My mom's role in the loan is a beneficiary. Since nandito po ako sa SG, sya po yung nagreceived nung niloan ko. Then at the same time may mga pinapirma po sa kanya. one of those is one booklet of cheque equivalent po siguro sa 12 months na monthly payment. They never informed me na ganun po ang gagawin nila, first time ko po magloan and my mom wala din po masyado alam. I just realized, na they keep telling me about the bouncing cheque eh wala nman po akong pinipirmahan. But I was also wondering, kung panong natatanggap ng bank yung cheque if pirma po ng mommy ko ang nakalagay. I know my mom signature is just her fullname na dikit dikit. So malinaw po na pangalan po nya yun. If the checks is under my name, the bank would definetly see that the signature is a different name. But still pumasok pa rin po yung 5 monthly payments na ipinasok sa checking account under my name.

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12 Re: badly need legal advice... on Mon Apr 18, 2011 6:34 pm

mavel515


Arresto Menor
Atty. the financing company told me that co-borrower and benefeciary ay iisa lang po sa kanila. So my mom who's supposed to be my beneficiary is also my co-borrower together with my other co-borrower.

Ano po bang pwede nilang ikaso sa mommy ko na nagsign ng cheque under my name pero signature po nya?

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13 Re: badly need legal advice... on Wed Apr 20, 2011 10:38 pm

attyLLL


moderator
actually, that sounds more like falsification of a commercial document. that carries a heavier penalty. i'd recommend that you state that it's your signature because bp 22 is a much lighter case.

does it mean you have a signature card with the bank?


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14 Re: badly need legal advice... on Thu Apr 21, 2011 11:22 am

mavel515


Arresto Menor
I never signed anything in the bank dahil wala po ako dun. pero nakapag open po sila ng checking account under my name. possible po ba yun? malamang po sa mother ko po nila pinapirma lahat. ako po yung main borrower, nakikipagcommunicate pa rin ako sa lending company, hindi ko po sila pinagtataguan, pwede po ba nilang kasuhan na lang yung benefeciary ko? kahit nakikipagsettle ako sa kanila?

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15 Re: badly need legal advice... on Thu Apr 21, 2011 8:48 pm

attyLLL


moderator
there's no way a bank will allow the opening of a checking account when the don't even have your signatures. whatever those things she signed, i don't think they were checks.


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16 Re: badly need legal advice... on Thu Apr 21, 2011 9:54 pm

mavel515


Arresto Menor
Nakapaghulog na po kami in that checking account ng 5x.pumasok nman po yung pera. masasabi po bang invalid yung account na yun dahil wala akong pirma? kung invalid po ito there shouldn't be any bouncing check? di po sila pwede magkaso ng BP22 or falsification ng documents? Nagwoworry po talaga ako sa pwede nilang ikaso sa mother ko.

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17 Re: badly need legal advice... Today at 12:24 am

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