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Dear Lawyer/s
I bought an item 2014 worth P200,000.00, initially I was surprised that the next day the seller informed me that they do not have it "on-hand" and that the item is per order basis. I agreed and never argued. I was a busy person and I have alot of projects to tend to.
Its 2018 now and the item is still yet to be delivered to me. From 2014 to 2017 I usually followup via call and personal visit 3 times a month, and never did I raised my voice or engaged in any hateful remarks due to frustration. November of 2017, I was able to talk to the owner of the store and the owner without even thinking I was deprived of the item I paid for in full, uttered "e di i-refund mo?". I truly like the item and its why I have waited for so long, but then frustration kicked in and I agreed. I photo-copied the receipt and have their employee signed it as proof they received the original copy -it was part of their process and I cannot say no to it.
March 2018, I tried calling the owner but she simply dismissed me like I am some irritant - Without even a professional approach to it e.g calling me Sir or Po. I do not understand how they practice sales calls, really? In other words, she knows something I do not know.... like,
Is there a statute limitation to Fraud or Estafa case?
Does she have a law firm of her own?
Is she is partnered with riding-in-tandem assassins that its easy for her to simply discount the fact that I paid her in full and she did not deliver.
I went to a law firm in BGC, Taguig City and requested the ff:
1. That I want to file both Criminal and Administrative case against the store owner or the Store.
2. That 5 years has been way too much pride off the table, also we are past demand letter so negotiation to return my money is no longer an option
3. That damages for both Criminal and Administrative case should be collected upon wining of such case
The law firm asked for the ff: in return:
1. PHP50K for administrative case; another PHP50K for criminal case = PHP100K for the case to forgo
2. PHP100K advance payment
3. PHP100K monthly payment
I am no drug-lord and I cannot afford such payment plan for a PHP200,000.00 worth of item + no idea even how much damages would I be able to collect?
A.) May I ask if there's an experience and aggressive law firm with better rates you could recommend?
B.) With the case I have in mind, I believe it might take 3 to 5 years even to finish the litigation, am I on the right track to teach the other party a lesson?
C.) Is it worth to see the victory light at the end of the tunnel?
D.) Assuming there's a law firm who would offer half of the rate implicated, PHP50,000 for both Criminal and Administrative, I fear that I am still looking at 50K/month x 36 months = 1.8Million is the case came to a resolution in 3 years. 3Million pesos if in 5 years!!! Having stated such closer to reality example, is there a law firm that may suggest a package rate of a full amount to start and finish the case, payable say in 12 months or 1 year?
Example:
Criminal and Admin case file from start to finish - Package of X amount Payable in 12 months (Package of PHP500K amount Payable in 12 months = PH41,666.60 / month)
I maybe over-thinking, I just do not want to offend any law firm or lawyers for that matter.
I hope to receive any comments soon.
Thank you very much
I bought an item 2014 worth P200,000.00, initially I was surprised that the next day the seller informed me that they do not have it "on-hand" and that the item is per order basis. I agreed and never argued. I was a busy person and I have alot of projects to tend to.
Its 2018 now and the item is still yet to be delivered to me. From 2014 to 2017 I usually followup via call and personal visit 3 times a month, and never did I raised my voice or engaged in any hateful remarks due to frustration. November of 2017, I was able to talk to the owner of the store and the owner without even thinking I was deprived of the item I paid for in full, uttered "e di i-refund mo?". I truly like the item and its why I have waited for so long, but then frustration kicked in and I agreed. I photo-copied the receipt and have their employee signed it as proof they received the original copy -it was part of their process and I cannot say no to it.
March 2018, I tried calling the owner but she simply dismissed me like I am some irritant - Without even a professional approach to it e.g calling me Sir or Po. I do not understand how they practice sales calls, really? In other words, she knows something I do not know.... like,
Is there a statute limitation to Fraud or Estafa case?
Does she have a law firm of her own?
Is she is partnered with riding-in-tandem assassins that its easy for her to simply discount the fact that I paid her in full and she did not deliver.
I went to a law firm in BGC, Taguig City and requested the ff:
1. That I want to file both Criminal and Administrative case against the store owner or the Store.
2. That 5 years has been way too much pride off the table, also we are past demand letter so negotiation to return my money is no longer an option
3. That damages for both Criminal and Administrative case should be collected upon wining of such case
The law firm asked for the ff: in return:
1. PHP50K for administrative case; another PHP50K for criminal case = PHP100K for the case to forgo
2. PHP100K advance payment
3. PHP100K monthly payment
I am no drug-lord and I cannot afford such payment plan for a PHP200,000.00 worth of item + no idea even how much damages would I be able to collect?
A.) May I ask if there's an experience and aggressive law firm with better rates you could recommend?
B.) With the case I have in mind, I believe it might take 3 to 5 years even to finish the litigation, am I on the right track to teach the other party a lesson?
C.) Is it worth to see the victory light at the end of the tunnel?
D.) Assuming there's a law firm who would offer half of the rate implicated, PHP50,000 for both Criminal and Administrative, I fear that I am still looking at 50K/month x 36 months = 1.8Million is the case came to a resolution in 3 years. 3Million pesos if in 5 years!!! Having stated such closer to reality example, is there a law firm that may suggest a package rate of a full amount to start and finish the case, payable say in 12 months or 1 year?
Example:
Criminal and Admin case file from start to finish - Package of X amount Payable in 12 months (Package of PHP500K amount Payable in 12 months = PH41,666.60 / month)
I maybe over-thinking, I just do not want to offend any law firm or lawyers for that matter.
I hope to receive any comments soon.
Thank you very much
