Hi all, need help. I applied for a personal loan a year ago and was able to make payments on the first few months. The loan was 100,000. Due to change in my circumstances, I have failed to pay the monthly installments. The payments were made through automatic debit to my bank account. There were no bounced payments or rejected payments as they only debit the payments if there are funds in it. Now due to the constant missed payments, the account has been turned over to Law Firm Collecting Agency. Its been almost three months where I have not responded as they require me to pay a substantial amount for settlement. The balance has accelerated to 125k. They have made several calls and contacts to no avail. I want to make the settlement and arrangement but just cant make it yet. Maybe in 30-45 days I can find ways but not in full. Now the firm has sent me final warning here is the message.
Under the Promissory Note, you obligated yourself to pay your loan obligation with BPI in installment. Records show that you failed to comply with your commitments under the said Promissory Note, and have so far accumulated unpaid monthly installment/s inclusive of the late payment charge computed at 5% per month on the unpaid installment/s. Further, pursuant to Section 7 of the Terms and Conditions of the Promissory Note, you are also liable to pay an additional amount from P40,000.00 up to the amount equivalent to 50% of the total amount due representing the cost of attorney’s fees and liquidated damages, and still excludes the costs of collection expenses and other charges or disbursements allowed by law that BPI reserves to collect from you should you fail to immediately settle your obligation.
Despite repeated demands, you failed to pay your said account, hence, we are serving this DEMAND for you to pay in full your said unpaid loan account, within FIVE (5) DAYS from receipt hereof. Otherwise, we will be constrained to take the necessary action to protect our client's interest.
Does that mean they will now sue me and take this to court? What is the worst than can happen or will I go to jail? Thank you very much. Looking forward for your reply.