unpaid loan and credit card

hi po again...

need your expert opinion po re below issue...

meron po ako naiwang unpaid credit card and bank loans sa Pinas... yung bank loans, meron pong akong in-issue na check...

siguro, around 1 year na po akong delinquent in paying both my credit cards and bank loans...

just recently, kinontak po ako ng parents ko kasi may tumawag daw po sa bahay na taga-Camp Crame.. pinagbabayad po ako (kaso not sure yung parents ko kung para sa credit card or sa bank loan yung call)... ang sabi po, ipapa-sheriff daw po yung bahay namin pag hindi ako nagbayad...

hindi po sa akin nakapangalan ang bahay namin at hindi ko rin po ginamit na collateral ang naturang bahay sa loan ko..

is it possible po na ikandado nila ang bahay ng mga magulang ko dahil sa hindi ko pagbabayad ng utang sa banko?

salamat po sa inyong tulong. God Bless!!!

i recommend that you inform the credit card company that you have changed address and office. your failure to do so can raise the presumption that you committed fraud under the access device act.

what you are experiencing now are the tactics used by collection agencies to intimidate you into paying.

no, they cannot chain up your parents' house.

Hi! I agree in his advice to you, Sir. Also, Can I help? I have found a website where you can also get some help. Is it ok for me to post it here?

hello.

ask ko lang po..I have unsettled loans and now they are forwarded to a law firm already. they are asking me to pay in full or split it in two but within a month. I am now asked to write a promissory note that I will be paying it in the date that they want me to pay it. Kaya ko siang bayaran within a month and a half depending on the income na natatanggap ko sa ngaun, that is why I am making an arrangement with the law firm. but they insist that, if i will not be able to do it before the end of the month they will file a case against me using the grounds of RA 8484...I know my obligations sa inutangan kong bangko that is why I am not changing any of my contact numbers to still keep in touch with them. the problem is, i don't have resources before...now na meron na ako, they want me to pay it the way they want. ayaw ko naman pong magkaroon ng bad record.

to make it short, ano po ang pwede kong gawin para masettle ko ito the way I want it...gusto ko na itong matapos kc masakit sa ulo. please help me. thanks!

hi attyLLL,

i received another call from my parents. Someone called our barangay office and verified my address. A certain attorney gave his number to the barangay. My brtoher called the number to ask what the problem is. The certain attorney told my brother that my case is concerning a breached of contract.

my question, is it a normal procedure that if they will be contacting the barangay office??

I suspect that the attorney is a bogus one as when I checked the names he gave relative to a case in my name in branch 56 of Makati RTC, but the name is different versus that of the judge in the website...

need your help on this as my mom is really bothered by all these.. thanks in advance.. God Bless!!!

this is the third time this week that it is relayed that the barangay is allowing itself to be used in the collection game.

i also doubt that it is really an attorney behind this, but you can inquire directly at the court if there is a case pending against you. note, it is possible for your lender to file a civil case to collect against you, but if they did, they wouldn't bother to go through the bgy.

lady, ra 8484 refers to credit cards. if this is a credit card loan, i advise you to avoid changing residence or office address without informing the bank to avoid raising presumption of fraud.

keep negotiating with the bank how you can reach a settlement

what happens if you have unpaid credit card bills for 7 years and you want to pay them now.but the company no longer exists as it was already bought by another bank.how can you pay your bills then?also, you contacted the present bank, asked for records but could not retrieve it, then you left your cel num but just got spam messages.you changed address without informing the company for 7 years.but you were able to secure nbi clearance.you only have principal credit of 5k.will that balloon after 7 years?

why couldn't the records be retrieved? if no one's demanding payment anymore, then probably nothing else will happen.

the only info said to the present bank is the name of the card holder because the card holder lost his card.however,he asked the present company to retrieve the record and left his number.does that mean he's free from the presumption of fraud already?the cardholder received a demand letter 7 years ago but did not do about it.the changing of address wasnt intentional to commit fraud but because of unavoidable circumstances..had to go home from the rented place not to escape from the credit but because of unemployment problem.maybe there was an irresponsibility on his part but after 7 years he's willing to pay it.isn't it understood that when you are cleared at nbi you do not have pending case?

i recommend he sends a notice to the bank that he changed address to mitigate risk. that is supposed to be the purpose of the nbi record.

[quote="pinksoda"]Hi! I agree in his advice to you, Sir. Also, Can I help? I have found a website where you can also get some help. Is it ok for me to post it here? [/quote]

hi pink soda,anu ba ung website na bnbngit ko baka puede ma check ung site ma un for further info,salamat.

Good day po Atty LLL. I've been following the link po and have read some of your advices.

The same case po re credit card balance unpaid. Yesterday po a certain SPO3 R.....Morato called my mom in law, advised to ask me to call Atty. Palisoc. When I did, I have talked to a certain Raffy Diaz,asking me to pay my credit card balance amounting to P11,200. He said aside from Article 8484, I'll be charged with Art 315 (Estafa) because I was not able to pay my debts since Nov 2010.

I explained my situation po that my mother's leg was amputated due to diabetes and had a heart attack last March, lahat po ng gastos nila from food to medical supplies and medicines ako ang sumasagot, plus I have 4 kids, 2 are studying and the 2 are toddlers. Sbi po ni Mr Diaz, i nid to pay atleast 5k til tues next week or else they will file estafa case on me sa Metropolitan Trial Court at yung Spo3 na naka assign daw sa case ko, will go to our barangay, papasama sa tanod to arrest me. At P15k daw po ang bail.

Gagawin po ba nila talaga yun? At kung totohanin, do I have the right to refuse na sumama? Wala po akong balak takbuhan ang utang ko, pag naka luwag luwag po kmi babayaran ko naman kahit paunti unti. Ang kinakatakot ko po is, baka totohanin na iarrest ako.

Bkit po estafa ang ifa file nila bukod daw po sa defrauding of creditors? Applicable po ba ang estafa case sa credit card balance 7 mos unpaid? Khit me balak ako mag bayad kahit paunti unti? Naguguluhan po ako. Naiisip ko mga anak ko at mama ko. Kindly help me po. Please advise...God bless po.

Good day poh Atty LLL,,

i also have the same case with her,,
I have an unpaid bills since last year sa 2 credit card banks,,
marami poh kasing emergency ang nangyari last year and i am currently unemployed right now kaya naman poh hindi ako nakabayad sa knila,, now,, kinokontak poh nila ako dito sa bahay,, because i am currently unemployed i refuse to answer their calls, natatakot poh kasi ako,, kasi before palang may tumawag na sa akin na gamit nalang daw ang ipambayad ko kung hindi ko kayang magbayad ng cash, naisip ko na baka kuhanin nalang nilang bigla ang mga gamit ko o ng family namen dito sa bahay.

Matanda na din poh ang nanay ko and shes really worried about this kasi nagbanta na yung law office na they can file an estafa case sa akin kung hindi ako makabayad, then a representative from the law office went dito sa bahay namen looking for me.. then i talked to them,, pinipilit poh nila ako na bayaran yung balance in full or split payment or installment basis, but the 1st payment must be made before this month ends, meaning they are just giving me a week to pay for it, dahil unemployed poh ako hirap ako na maghanap ng mahihiraman ng cash to pay for this pero i have my plans to pay naman kahit unti unti not with the basis they want,,

pwede poh ba akong magdemand sknila kung paano ko babayaran ung unpaid balance ko? will they file a case of estafa on me? natatakot poh kasi ang family ko baka bigla nalang akong makulong because of this.

Hoping for your response..

We're really worried.Thank you!

failure to pay a debt is not a crime. just don't change address without informing the bank.

they threats are all collection tactics. if they do file a case, it should not prosper.

hello po AttyLL,
I had a personal loan of 75k way back 2009 pa to person. Issued check dated october 2009 but was not deposited, my bank account was close the same year. I have been paying interest of 5% /month but not religously coz i am now a freelence, no fix income. my last payment was May 2011 which is 3k. she is planning to file a case anytime. what is my stand?

do you have a written agreement regarding interest? how sure are you that the check was never deposited?

I heard it to my frend na yung office mate nya pinuntahan ng police s office nya d2 sa Singapore regarding the debt she have in Middle East. Is it really possible na matagpuan sya d2 sa singapore wherein he really runaway to it back in the Philippinnes & Middle East? Thanks

I also have unpaid bills in my credit card. When my business was doing good, i've been paying on time. But since business went down, I couldn't pay my bills anymore. A lot of people have been calling me and somehow threatening me that if I don't pay on the date they gave me, they will file a criminal case against me. They went as far as going to the baranggay and showed a warrant of arrest to our baranggay captain. One time someone went to my office and upon seeing me he called on his cellphone a certain lawyer. His voice was so loud telling that certain lawyer that he was already in my office. My workers heard him calling that certain lawyer. So i brought that guy to my office and talked to that certain lawyer. He was demanding me to pay a certain amount in 2 days. I told him I couldnt afford to raise the money in 2 days and he told him that if I dont pay they will file criminal case against me. They stopped calling since then when I told that certain lawyer about the BSP article I read on the papers. Im wondering can they file a criminal or civil case against me? Can they file a hold departure order? pls help

hi atty..

i have the same scenario also, i had a personal loan abroad and credit card, after 2yrs, the bank sue me, they said that they will file a case against me and i will be in jail...am i going to be in jail if they will issue me a warrant of arrest?pls help..

thanks for the reply attyLL,
I replaced the 1st check and the 2nd one was not deposited on the due date bec the bank didnt call for insuff fund plus the fact that she didn't inform me that i have a bounced check up to this time.My Bank account was closed more than a year na. No written agreement so far.I have been paying in trinkle amount and that pissed her.

bananarama wrote:I also have unpaid bills in my credit card. When my business was doing good, i've been paying on time. But since business went down, I couldn't pay my bills anymore. A lot of people have been calling me and somehow threatening me that if I don't pay on the date they gave me, they will file a criminal case against me. They went as far as going to the baranggay and showed a warrant of arrest to our baranggay captain. One time someone went to my office and upon seeing me he called on his cellphone a certain lawyer. His voice was so loud telling that certain lawyer that he was already in my office. My workers heard him calling that certain lawyer. So i brought that guy to my office and talked to that certain lawyer. He was demanding me to pay a certain amount in 2 days. I told him I couldnt afford to raise the money in 2 days and he told him that if I dont pay they will file criminal case against me. They stopped calling since then when I told that certain lawyer about the BSP article I read on the papers. Im wondering can they file a criminal or civil case against me? Can they file a hold departure order? pls help

Hi, what BSP article are you taliking about in this? Thank you.

freda, that doesn't mean it was not deposited. as long as it was deposited within 90 days from due date, you can still be liable for bp 22. avoid personally receiving any demand letter.

bananarama, in credit cards, just avoid changing address without informing the bank. you can change your contact numbers. did you keep a copy of that supposed warrant of arrest? it may have been falsified.

gud pm, i have unpaid bills in my credit card.. installment po ito. within 2 years.. on my first 3 months nababayran ko pa ng buo yung bill ko.then after nun puro minimum amount due nlang nababayaran ko. but this time 2 months n ko indi nakakabayad.. pano po gagawin ko kung hindi ko po makayang bayaran atleast yung minimum amount due.. hindi ko naman po tatakbuhan yung utang. tanong ko lang po kung pwede ba ako humingi ng consideration sa credit card company kasi every month lumalaki po yung tubo ng credit card ko and willing nmn po ako magbayad evry month yun nga lang po not more than the minimum due lang po ang kaya kong bayaran.... natatakot po kasi ako na kahit nagbabayad ako eh nagkakaroon pa din ng tubo na malaki. thanks..

tanong ko na din po pala may joint account po ako sa isang bank, na affiliate sya ng credit card company ko.. yung ka joint account ko po ba eh maapektuhan yung isa nya pang account sa nasabing bank?.. thanks...

call them to suspend interest and ask for payment terms. keep negotiating with them.

to keep your money safe, i recommend you change banks.