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

Inappropriate collection practice

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

1 Inappropriate collection practice on Wed Oct 19, 2011 4:54 pm

ross


Arresto Menor
I have a loan in xxxst and was not able to pay on few months but after being financially stable I settled the full amount last July 30, 2010 and until now I don't have a certificate of Full payment.

My mom received a call from our baranggay captain saying that an estafa case was filed againts me and i need to call atty emily o padilla on this. I wanted to check how i can protect my rights on this, i have paid it in full and now this issue has cause shame and emotional stress to my family.

Please help me on this.

View user profile

2 Re: Inappropriate collection practice on Wed Oct 19, 2011 7:56 pm

attyLLL


moderator
the bgy has gotten into the collection game in exchange for commissions. challenge the bgy captain to produce documents showing that you were actually charged. at the minimum, you can confirm it is true. more likely it is bogus.


_________________
[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

3 Re: Inappropriate collection practice on Thu Oct 20, 2011 1:41 pm

rgonzales


Arresto Menor
I just received a subpoena on small court claim, however have not received any demand letter, 1st nor final demand letter and or complaint from a barangay. Want to know the exact procedures because a friend told me that a demand letter should be served first.

View user profile

4 Re: Inappropriate collection practice on Thu Oct 20, 2011 9:36 pm

attyLLL


moderator
what is the basis for the claim?


_________________
[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

5 Re: Inappropriate collection practice on Sat Oct 22, 2011 6:56 am

lmcf


Arresto Menor
Hi domingo and molaer law office is so harrasing. I'm willin to pay but I just gave birth and my husband doesn't have a job yet. the law firm is rude and harrasing where can i file a case regarding the law firm? they want me to pay immediately without asking me if i can pay it! now they are threatening me that they get my properties.

View user profile

6 Re: Inappropriate collection practice on Sat Oct 22, 2011 8:32 am

attyLLL


moderator
how are they contacting you?

you can file a disciplinary case at the IBP or a complaint at the BSP


_________________
[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

7 Re: Inappropriate collection practice on Sat Oct 22, 2011 11:42 am

rgonzales


Arresto Menor
I just received a subpoena on small court claim (BP22), however have not received any demand letter, 1st nor final demand letter and or complaint from a barangay. Want to know the exact procedures because a friend told me that a demand letter should be served first.

View user profile

8 Re: Inappropriate collection practice on Wed Oct 26, 2011 12:18 am

attyLLL


moderator
bp 22 is a criminal case. SCC is only a civil case. but either way, you are supposed to receive a demand letter.


_________________
[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

9 Re: Inappropriate collection practice on Thu Oct 27, 2011 12:19 pm

rgonzales


Arresto Menor
Good day Atty. what about I made an arrangement of payment of my debts (Although no formal agreement)last september 2011. I told the person through text message that I will be paying her on semi monthly installments. I received a text message from her informing me that she will give me computation and balance of my loan (Less than 25K) plus the penalty of closed checking account then after sending the computations/ and balance she would collect. Days passes I have not received any letters whether computation, statement of account or demand letter/s the only thing I received was a call from her around 1st or 2nd week of october asking if i have deposited the money. I asked her where are the letters (Statement / Demand letters etc) since these were her instructions before she would collect from me. She told me that she would be delivering the letter the same day however until now have not received any.

My question Atty would be:
1. Is it possible she is preparing to file a case against me?
2. If ever what case would that be?

View user profile

10 Re: Inappropriate collection practice on Fri Oct 28, 2011 10:02 pm

attyLLL


moderator
it's too speculative. keep talking to her


_________________
[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

11 Re: Inappropriate collection practice on Sat Oct 29, 2011 11:35 am

chuckles06


Arresto Menor
Good day Atty. I have a loan with a private lending company which matured last Oct 7. Payment is thru post dated checks. I missed the last 2 months payments (total amt of 5,400) but will be paying it in full by end of this month. The collections officer keeps on texting and threatening me that they will bring someone from the barangay to get things from my parents house if payment is not received. and he also said he will give a warrant for me and they will not accept any payments from me. is that possible? thanks

View user profile

12 Re: Inappropriate collection practice on Sat Oct 29, 2011 10:18 pm

attyLLL


moderator
not likely. change your number.


_________________
[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

13 Re: Inappropriate collection practice on Wed Nov 02, 2011 2:20 pm

rgonzales


Arresto Menor
Good Day Atty. Last September I received an affidavit of complaint filed by the lender. Originally I was granted a loan of P41K with a term of 1year and a payment of semi-monthly, however after my 3rd payment my checking account was closed.The lender wrote a letter with a copy of the affidavit of complaint copy furnished to the president of where I am working with and claiming that I issued a check in the amount of P80K which eventually bounced. (I remember issuing a additional blank check) I called them and asked for a loan restructuring however they refused for a loan restructuring if I would not pay a substantial amount of P15 or P20k. Today they faxed me a letter and informing me again that if I will not pay them, they would personally talk to the President of the company where I am working so they could collect from me. I texted her saying once more that I am very much willing to pay my loan balance thru a loan restructuring however they wanted me to pay 15K first before they could restructure my loan, worst if payment is not made, they would be faxing me letters every monday. I told them that I cannot pay the amount they are asking. Atty if they indeed filed a case against me, is it still possible they can continue to harass me?

View user profile

14 Re: Inappropriate collection practice on Wed Nov 02, 2011 11:39 pm

attyLLL


moderator
request the president of the company to get the letter and its envelope, and you can file a case of libel against her.

did you issue checks?


_________________
[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

15 Re: Inappropriate collection practice on Thu Nov 03, 2011 4:21 pm

rgonzales


Arresto Menor
Yes Atty I issued 25 checks on which 4 checks were cleared by the bank. Today they sent a fax letter indicating that if I would not pay the entire loan they will file a warrant of arrest. Would that be possible if I have not received any subpoena either from the Fiscal Office, RTC, or MTC? Furthermore they also faxed a letter to the president and HR Head where I am presently working and the content of the letter might destroy my reputation worst they also faxed a picture of myself that I have a Past Due Account and for filling of BP22. Since they told me that they already filed an affidavit of complaint, I asked them to stop their harassments and would rather answer their complaint in court. However instead of them stopping harassing me, the more that they texted me and faxed me with badmouthing contents and that they will be faxing me daily until I pay them.
Atty. I have no intentions of running away from this obligations however they refused to heed to my request for a loan restructuring and demanded me to pay substantial amount which as of the moment I cannot do.
My question now are the following:
1.What can I do to stop them from harassing me and destroy my reputation? Are there any legal ways to stop them?
2. If their main office is up north but the loan release/transactions were made in manila, where should be the proper court.
3 I am aware of the Fair Debt Collection Act I am not sure if they know this Act.

Please enlighten me Atty bcoz I might lose my Job because of their harassments.

View user profile

16 Re: Inappropriate collection practice on Fri Nov 04, 2011 1:28 pm

rgonzales


Arresto Menor
Yes Atty I issued 25 checks on which 4 checks were cleared by the bank. Today they sent a fax letter indicating that if I would not pay the entire loan they will file a warrant of arrest. Would that be possible if I have not received any subpoena either from the Fiscal Office, RTC, or MTC? Furthermore they also faxed a letter to the president and HR Head where I am presently working and the content of the letter might destroy my reputation worst they also faxed a picture of myself that I have a Past Due Account and for filling of BP22. Since they told me that they already filed an affidavit of complaint, I asked them to stop their harassments and would rather answer their complaint in court. However instead of them stopping harassing me, the more that they texted me and faxed me with badmouthing contents and that they will be faxing me daily until I pay them.
Atty. I have no intentions of running away from this obligations however they refused to heed to my request for a loan restructuring and demanded me to pay substantial amount which as of the moment I cannot do.
My question now are the following:
1.What can I do to stop them from harassing me and destroy my reputation? Are there any legal ways to stop them?
2. If their main office is up north but the loan release/transactions were made in manila, where should be the proper court.
3 I am aware of the Fair Debt Collection Act I am not sure if they know this Act.

Please enlighten me Atty bcoz I might lose my Job because of their harassments.

View user profile

17 Re: Inappropriate collection practice on Sat Nov 05, 2011 8:34 am

attyLLL


moderator
as i said, you can file a case of libel. i think they are harassing you because they haven't actually filed a case.


_________________
[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

Bhez


Arresto Menor
can you please help me what to do. i got a message from my sister that a certain policeman came to our house in province showing a text message that i have a case, for violation the Article 318 and RA 8484 without any legal documents or summons just a text message shown to them. he gave a name of certain PSSUPT in CIDG, crame to be contact. while having a conversation with my sister thru text somebody called in my phone he introduced himself someone from Crame saying that i have a complaint from Atty Emily O. Padilla. having been searched the article stated i most probably got an idea that it was about my unpaid credit cards more that 5 yrs ago, the company i worked for was closed due to it became Bankrupt. and i dont have any stable job since then.. is it possible to have a case without receiving any legal documents just a text message from a policemen?... what legal procedures i can do? the news has been spread in our town causing my family great embarrassment..

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