Unpaid BPI Credit Card Debt

Hi,

I'm a single mom. My son got sick in 2016 and unfortunately hindi covered ng health card yung professional fee ng doctos sa ICU. I needed to pay 50k for it. Due to that hindi na ko nakabayad ng credit catd bill. 200k yung balance ko. I tried to do a settlement with them pero they need me to pay 30k before I can do a repayment plan for 10k monthly. I was asking them if pwede habaan para mas mababa monthly payment pero hindi daw pwede. I've received a letter now from a law office na if di ko daw nasettle yung account they will file a case sa makati regional trial court. Is there anyway for me to file Bankrupcty para maayos ko yung repayment plan based on what I earn? Is this going to be a criminal case that can affect future employments?

Thank you kindly for anyone who will reply.

Unpaid debts are only civil in nature, and not criminal. There is no imprisonment for non-payment of debt. Try reading this, by the way. I hope this helps you understand better the legalities of debt collection. https://www.alburovillanueva.com/credit-debt-collection

Are they going to confiscate your properties kung hindi talaga naka pag bayad nang credit card bill?ilang months ba na hindi pag babayad or anong amount ba nang utang mo pra magawa nila yang pagkuha nang properties mo?

kung magsasampa ng civil case for collection ang pinagkakautangan mo at wala ka pambayad, ipapapaliquidate sayo ng korte ang assets mo para mabayaran mo yung pinagkaka utangan mo.

mga probably hanggang ilang buwan ba kaya yung unpaid debt mo pra mka decide cla na magsampa nang case sa court? kasi balak ko talaga bayaran kaso hindi ko pa kaya as of now..pro pwede kaya ako mki pag settle sa kanila like bayaran ko cla duon sa amount na kaya ko lang?possible ba yun?papayag kaya? thanks for the reply

depende sa kung ano nakasaad sa contract nyo kung kelan sila pwede magsampa ng kaso. regarding negotiating with the lender, sila lang makakasagot nyan pero i wouldn't set my hopes to high since tandaan natin na andyan sila para kumita ng pera kaya di sila basta basta nakukuha sa pakiusap. still, my advise would be to talk to them.

Hi, Good day!

I just want to consult about my sister's case, its about a credit card debt which she failed to pay because of financial issues. She had a decline in her salary earnings and had unexpected circumstances so the card payments fell off. Now we received a letter from a collections agency or law agency asking her to pay 50% as settlement or she will be sued in small claims. The original card limit was 70k. But most likely bec of add on fees it went up to more than 190k. Its been a year since she last paid her card. We arent even sure how it really went up that high. My sister wont be able to settle any amount as of now bec of daily household expenses. She is the only one supporting our family. She never signed a contract with the card company. She was just in the bank one day, was talked into getting a credit card, the bank manager got her information (name, address, phone number, sss number etc..) But she never signed any document. They then delivered her card at home then she started using it. Is it a good challenge claim for the collectors? Given the fact she never signed a physical contract? She knows she failed to pay them up though the amount now is definitely huge we dont even know how they calculated it. Any advice or steps we can take on this to challenge the claim? Does she need to request for a debt validation first to make sure the computation is correct? Hoping for a quick response on this. Thanks in advance for responding.

Hi, Good day!

I just want to consult about my sister's case, its about a credit card debt which she failed to pay because of financial issues. She had a decline in her salary earnings and had unexpected circumstances so the card payments fell off. Now we received a letter from a collections agency or law agency asking her to pay 50% as settlement or she will be sued in small claims. The original card limit was 70k. But most likely bec of add on fees it went up to more than 190k. Its been a year since she last paid her card. We arent even sure how it really went up that high. My sister wont be able to settle any amount as of now bec of daily household expenses. She is the only one supporting our family. She never signed a contract with the card company. She was just in the bank one day, was talked into getting a credit card, the bank manager got her information (name, address, phone number, sss number etc..) But she never signed any document. They then delivered her card at home then she started using it. Is it a good challenge claim for the collectors? Given the fact she never signed a physical contract? She knows she failed to pay them up though the amount now is definitely huge we dont even know how they calculated it. Any advice or steps we can take on this to challenge the claim? Does she need to request for a debt validation first to make sure the computation is correct? She wanted to do a settlement but she cant afford it as of now. Will there be a chance she can just file bankruptcy chapter7? And if in case will they get any assets from her? Hoping for a quick response on this. Thanks in advance for responding.

@Skyandthesea
even if she did not sign anything, the fact of the matter is she used the card herself, hence, she is liable for that loan. if she would try to challenge that she did not sign anything and should not be liable for the charges, then it could be argued that every time she used the card she was committing fraud, which is a criminal act.

Hi, thanks for responding. So what steps do u think my sister will have to do next? Gusto nman nia makipagsettle. Problem is she isnt financially capable of doing so as of now. Ano ba dpat gawin niya? Should she request a debt validation letter first? The original credit limit of the card was just 70k. Now it went up to more than 190k. Hindi man namen alam bat ganun kalaki maxado even with interests and fees halos triple ung nadagdag. Paadvice nman po sa dpat steps na gawin. Thanks.

Nga pla, is filing bankruptcy chapter 7 atleast an option? She's in bad financial state as of now. Pano ba magqualify sa bankruptcy? Thanks sa help and advice.

Regarding bankruptcy, this has to be filed thru court so she will have to hire a lawyer. also, she has to provide proof that she has assets that can cover the debts she owes if liquidated. pero imho sa situation ng ate mo at sa amount ng utang nya, i would not suggest.

as for the amount, humingi sya ng breakdown with the bank where the CC was issued or dun sa collection agency na kumocontact sa kanya. btw, hindi po porke may credit limit yung card ay ibig sabihin dun na titigil yung loan amount. yung limit na yun ay limit kung hanggang magkano ang willing ipagastos sa ate mo using the card. you can try computing the amount yourself, check the interest per month of the card plus the late fees plus over limit fees plus other charges na pwedeng ipataw ni card. if all of this charges were applied each month na delinquent yung loan, most probably aabot talaga sa ganyan amount.

what i would advise her is to talk to the collection agency or bank kung ientertain pa sya at sa kanila sya makipag negotiate.

So does that mean settlement with them is the only option? Kase hnd recommended ang bankruptcy. Thing is kahit willing pa daw siya mkipagsettle she cant promise any amount as of now. She doesnt have any properties din. Nagrant lang siya ng card bec she was earning high before kaso ngayon hnd na. Hnd nman mdaling humanap ng ibabayad sknla. Clueless kme sa gantong sitwasyon. Dpat pa ba siya mgconsult atleast sa public atty office man lang? Hnd man niya sinasagot ung calls and mails ng bank kase wala siyang ipangsesettle so she chose to not talk to them. Akala nmen pwd ung bankruptcy may nagadvise kase samen baka pwd yun. Hnd pala pwd skanya. Thanks sa quick responses po pla. Appreciate it.

kung wala sya maibabayad, then her only option is to ignore them at tiisin yung pangungulit sa kanya hanggang sa dumating yung point na may pangbayad na sya. kahit naman kasuhan sya hindi sya makukulong dahil lang sa utang and kahit pa makakuha ng favorable judgement si bank regarding the collection, kung wala naman sya pambayad ay wala din magagawa ang korte.

Our family has an old car (second hand car) which was purchased 3yrs ago worth 120k and a land property purchased 2yrs ago for 150k. The land title hasnt been transfered to my dad's name though kase di pa nmen napachange name ung title. Kukunin ba ng bangko yun kung di nman kay ate ko yun? Si ate yung cardholder. May krapatan ba ung bank na kunin assets ng pamilya nmen kahit hnd nman personally kay ate yun? Thanks po sa mga response.

wala po unless may proof si bank na maiprepresent sa court na assets ni ate mo yun.