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How to clear a Credit Standing against Unsubstantiated Claims

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Tom 2011

Arresto Menor
I was a multiple credit cards owner way back in the 1990s. During the time I had them, I used to regularly pay my monthly dues.

Economic Crisis took place. Businesses crashed. Credit cards got cancelled.

Many years later, credit card lawyers wanted to collect alleged balances. I asked for their proof that I owed anything. They could not produce any evidence in the form of transaction receipts. I thought of this after winning a case filed by Metrobank, which prompted me to research and prove I owed them nothing based on their own records.

It has been over 11 years now that all other credit card collectors have failed to show me I am indebted. They failed to prove my indebtedness. How can I clear my name or account at the CMAP or Credit Bureau?

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Tom 2011

Arresto Menor
Please forward a reply to my question about clearing Credit Card Debt Claims at CMAP, to my email address mct_service at yahoo because I have no idea when I might receive a reply.

And by the way, is there any possibility that after giving Credit Card Companies over 10 years to collect and they failed to collect due to lack of basis for debt claim, these same Credit Card companies may be allowed to collect and collect perpetually?

Should I sue collectors for FRAUD (since they are collecting only on the basis of statement of acounts that are computer generated)? I told them, I can produce a similar Statement of Account showing the banks owe me due to overpayment and similarly fail to prove it.

I have a couple of agenda. Their collection scheme is harrassment as far as I am concerned. Furthermore, I would like to revive using credit cards knowing that I pay regularly until paid. It will help me improve my business. Unfortunately, CMAP seems to hold on to false claims of bad credit.

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Tom 2011

Arresto Menor
Atty. LLL,

Thank you again for the additional info, RE: link to PD 116. It looks better than another link I read about PD 116.

President Noynoy Aquino should either repeal or confirm that PD 116 because it can be argued to be Null & Void. Why?

It is founded on a defunt basis, that is, Martial Law Regime. And the Philippines has long been freed from Martial Law.

Here is the part I am referring to.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, and in order to effect the desired changes and reforms in the social, economic, and political structure of our society, do hereby order and decree the amendment of Act No. 2655, as amended, as follows:

(PD 116 details not included)

As can be seen, the Order & Decree was "pursuant to Proclamation No. 1081, dated September 21, 1972".

But that foundation no longer exist. Congress already has the upper hand to change the Usury Law, while the old Usury Law should have taken effect upon lifting of Proclamation No. 1081 decades ago.

All laws pertaining to Martial Law and the socio-economic and political structures founded on it should have been reversed to the substance of the latest Philippine Constitution.

As a matter of fact, the Civil Code still refers to the Usury Law enacted by Congress.

What is your legal opinion about this?

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