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Unpaid credit card debt and harassment from collection agncies

3 posters

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yhanne17


Arresto Menor

Hi,

I need legal advice regarding my dad's credit card debt. His account we're already closed since we cannot pay the minimum due. We've been trying to pay a certain amount every month but due to our financial situation, we can't afford to pay the min amount due. My parents are receiving several calls from collection agencies and they been harassing my parents. Last friday someone called & they told my dad the he has a warrant & they will go to our house tom. They also claim they they are calling from precinct. They are asking my dad to pay P120,000 no later than july 20 w/c we know we cannot afford. Now my parents are getting paranoid on where to get that money & they are afraid that my dad will be put in jail. I've search the net that these kinds of acts from collection agencies are scams to force the debtors to give them money. Esp when they told us that the call as coming from a precinct. I believe that police cannot take my dad & put him to jail w/o even going to any legal actions or should i say court hearings first since the case is not a criminal case. I need advice on how to deal w/ these collection agencies and if what they're doing is right and what action we can take against them because it's really affecting my parents.

please help..

AWV

AWV
Reclusion Perpetua

Did you find this on the net as an example?

http://answers.yahoo.com/question/index?qid=20111022180827AAgQ45v

What they are doing is illegal. This is straight from the FTC who governs these types of companies.

807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
representation of—
.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

wheng18


Arresto Menor

Good day. Hingi lang po sana ako ng advice. May credit card po ako and hinde ko na po to nabayaran dahil nawalan ako ng work. So hanggang sa lumaki na un amount dahil sa interest. So nagforward na yun bank ng documents for case. Kakasuhan daw po nila ako ng estafa pag hinde ko na settle yun. Dba po ang estafa sa mga checks? Madami po ba meaning ang estafa? And pag hinde daw ako nakipagsettle sa kanila, attend daw po ako ng hearing. Totoo po ba yun hearing na yun? Pwede po ba ako makulong? Pls help me po.

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