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loan shark... is there a way out if you're already trapped?

5 posters

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vetzon0501


Arresto Menor

Last February 2011, i borrowed an amount of Php60,000 from a friend whose business is to lend money. She claims that the money she lent me was from another financier. I promised to return the amount in two month's time. She asked me to make a small note indicating my promise and that within that span of time before i return the amount, every two weeks, i will have to hand her an interest amounting to Php12,000. I was not able to return the full money loaned due to a family dilemma. So, i have been paying interest every two weeks since then until now...which has been a huge load of heaviness on my shoulder since i'm a single mom raising four kids. Sir, is there a way out of this? I searched for legal stories like this and learned that this was "bawal"... yet, is there a point of filing a case against this? Crying or Very sad

lawddesign


lawyer

why did you agree on the rate of the interest in the first place?

agreement between parties is binding and considered the law of between them. however, if the interest is excessive, unconscionable, exorbitant and shocking to the moral conscience, then the court can temper the same.

vetzon0501


Arresto Menor

i have agreed on the interest knowing that i would be able to pay it off in just a short time. i have not been aware of the interest rate until i realized i was paying about P116,000 already outside of the principal amount. someone also forwarded those words you mentioned above as quoted from an article by Sir Chiz Escudero.
Sir, when you say "the court can temper the same"... forgive me po, but what does it mean?

lawddesign


lawyer

did you sign a written contract? interest is not enforceable if it is not in writing.

the court can temper means the court can reduce the interest if the same is exorbitant and excessive. this scenario happens only if there is already a final judgment assuming a civil case for sum of money is instituted against you.

i suggest do not wait for a case to be filed and just settle the case amicably depending on your capacity to pay.

vetzon0501


Arresto Menor

i see... i went to them last week (the loan agent and the financier) and asked for forgiveness that i won't be able to fill up my interest for the week anymore as my job has gone too slow and bookings are way too scarce (lean months). i have laid down my incapacity to shoulder the interest but i will never turn my back on my loan but i need them to allow me time to come up with the full principal amount in two weeks at least. i was planning to save up to complete the amount na, hoping that the interest, at least, would stop na. i was filled with shame, crying & begging them to understand my situation. they, strong-faced, told me that it is not their problem anymore. what has been agreed on has to be done and "not paying the interest anymore" is not acceptable. i showed them that i only have P1,040 in my pocket to support my family through the weekend. the loan agent (who i thought was my friend)took my P1,040, left me crying leaving me with a warning never to fail on the next week's interest...

genssy.51talk


Arresto Menor

Hello po, I have similar prolem po with doctor Cash. I wanted to loan 2000 pesos po. They said 10% ang processing fee. So ang nabigay po sakin na Cash is 1800 nalang po. And in 10 days ko lang po gustong bayaran. Tapos and total po na sinisingil nila sakin is 2460 po. Talagang na sopresa po aq. First time ko kasi mag loan. Tapos nabigay na po sakin at nagamit ko na po. Hindi ko po nabayaran kaagad kasi nga naosbrahan lang po aq sa interest rate po. Tapos txt cla ng txt sakin at sinisingil po aq ng 3650. Tapos yong pinahiram lang po naman nila is 1800 lang po. Gusto ko pong e settle po yong na loan ko pero hindi ko po ako sangayon sa interest na binigay nila po. Tulong naman po.

Nejnej


Arresto Menor

Hi po...same case din po sa akin...informal lender po...un sanla sanla atm...kawork ko po un nagpapahiram...yun financer po ayaw itigil ang interest...at pini pm po ako nun financer na ilalantad sa social media ang pagkatao ko...nakikipag usap ako....pati pamilya ko ipapahiya daw sa social media...gusto nila magbayad ako beyond my capacity to pay...anu po ang laban ko?

genssy.51talk


Arresto Menor

Hello po, I have similar prolem po with doctor Cash. I wanted to loan 2000 pesos po. They said 10% ang processing fee. So ang nabigay po sakin na Cash is 1800 nalang po. And in 10 days ko lang po gustong bayaran. Tapos and total po na sinisingil nila sakin is 2460 po. Talagang na sopresa po aq. First time ko kasi mag loan. Tapos nabigay na po sakin at nagamit ko na po. Hindi ko po nabayaran kaagad kasi nga naosbrahan lang po aq sa interest rate po. Tapos txt cla ng txt sakin at sinisingil po aq ng 3650. Tapos yong pinahiram lang po naman nila is 1800 lang po. Gusto ko pong e settle po yong na loan ko pero hindi ko po ako sangayon sa interest na binigay nila po. Tulong naman po.

RHEGIN


Arresto Menor


I have receive a text message yesterday informing "Expect our official common to arrest you (Bench Warrant) at exactly 11am tommorow together with the sheriff to issue write of preliminary attachment to check your property. Pls be informed for your voluntary surrender to avoid commotion at your place. from PCSI Enrico Rosales"

I have a personal loan with "DR. Cash" amounting to Php 4000 and I receive a proceed of Php 3600 because they deducted Php 400 for interest. Yesterday they are asking me Php 15,000 to settle this so that they will not push the case. I was only able to pay Php 8000 and they ask for the remaining Php 7000.

I do not have that amount with me right now and on my opinion I have paid double the amount I borrowed. Should I be worried about this ? What action should I do ? Please let me know your advise. Thank you in advance.

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