Unpaid Credit Card

Sir,

I would like to seek advice regarding an unpaid credit card date around March 2001. I was already getting letters from their lawyers to pay up or face criminal charges. Since I became jobless at that time, I only wrote them a letter that I would gladly pay my obligations when my finances improve.. unfortunately it did not.

Ten years after, I am now at a multinational firm with a payroll account under the same credit card company. Will they have the right to withhold my salary? Can they force me to pay when my salary is barely enough to make ends meet? I am currently separated from my wife and am supporting my 4 kids, 3 are in college on scholarships and 1 still in grade school.

Please advise.

Thank you.

if they do. you can file a case for refund because it took them too long to take action. called 'laches'.

Thank you very much! God bless you for your advice I was already having sleepness nights reminiscing the harrassment I was getting before from this company.

Sir,
I was terminated by my previous company in Dubai unexpectedly and was send home thus I am unable to continue paying my credit cards issued by Mashreq bank in Dubai since then November 2010. Presently I am here in the Philippines still trying to find another employment and without a steady source of income, I have 4 kids all studying and the income I am earning here is just barely enough to get us going everyday. Lately I received a letter from one ENZI Corp. saying they represent Mashreq and treathening legal action against me, they also visited my home asking me to pay up, but in as much as I would want to,I don't have at present enough earnings to pay,I have explain this to them and told them that once my resources improved I will start paying again but they continue calling by phone and saying that they will send their people again in my place and they'll get me to face them in our barangay council which is like embarassing me in front of my barangay mates.

I am now worried, can I not do anything with this thing their treathening to do against me and also I would like to know if Mashreq bank in Dubai has legal rights to pursue a legal case againts me in the Phil. since the card was issued and used before in Dubai and this Enzi Corp. do they have the right to go and asked me continously to pay up, what they are doing is like harassing me until I pay up. Please advise what I can do and what I can answer them again the next time they call.

Thank you so much.

change your number. you should tell the bgy that companies are not allowed to file a case at the bgy. take videos of them when they come to your house, and get their names.

or keep negotiating. yes, the bank can file a collection case here, but the collection agency will choose to just harass you to pay.

Good day sir,

I was hoping to seek an advice regarding my case... i was an equitable cardholder & I had an existing credit when the bank close. At that time po financially unstable po ako and I cant remember if I receive any letter coming from them na magcoclose na sila. So na stop din po ako sa pagpayment. After a year po ng stable na po yung work ko. I look back to my obligations including this account & i heard from a former officemate who happens to be a former equitable card holder too, told me na nagmerge daw ang BDO and equitable. I called DBO hotline and ask assistance about paying my obligations to equitable. After a month i remember may dumating na a bill sakin amounting to 47,798.19. I only have a 20k credit card limit & I believe I only use 14k of it. Eager to finish all responsibilities, I called them up to asked if theres anyway I could pay them in a paylite program. In short I pay religiously from july 2009 to march 2011 in any available amount I have without signing any agreement or waiver. The last time I talked to the person handling my account was on april of this year. Hindi po nagtally ang balance namin pareho... kaya kinabahan na ako. For two years po wala silang binigay na agreement sakin & even bills statement, The document I only have was my receipt from BDO paying to the account no na binigay nila sakin which is diff. from my equitable card no. Unlike po sa citibank kung saan naka paylite program ako but they still giving me a billing statement evry month and an agreement in which i signed. The next month po when their representative called me I ask for a hardcopy statement of my account, I also request for another amnesty program from them if theres any, because I also found out sa dati kong officemate na nang magclose daw di na rin sya nakareceive ng statement and until now hindi na rin sya nagbayad. Dapat po daw di ko na daw tinawagan, kasi negligence naman nila na we wasnt inform about the closure and where to pay. Last May po they called again forcing me to pay i told them na kung pwede provide muna nila ako ng statement of account or bills ko to know the whole amount & again if theres any amnesty program they can offer. The person on the other line told me just incase po daw mga 10k na lng daw ang kailangan kong i settle sa amnestry program na pwede nilang i offer sakin against sa 22k+ na reamining ko pa. So i said ok just pls. send me a statement or any proof the yun na lng babayaran ko. Few months past without any calls from them. I receive yesterday a demand letter from their legal to pay 25k+.

Ano po ba ang dapat kong gawin, Im a minimum wage earner in Rizal. A 25k is too hard for me to earn or produce in just a month or two.

Hoping for your advice & thank you in advance for your precious time.

keep negotiating. avoid changing residence or office without informing the credit card company.

atty., we received letter from a collection agent asking us to pay almost half a million for my parents credit card. Principal amousnted only 28,000.what shall we d0?im really worried for my parents.please help

you can respond by requesting for the basis of their computation.

thank you so much for the advice sir.

Hi Atty. i would like seek for an advise. I have 2 credit cards (HSBC and Citibank). I have maxed out my credit limits in both cards. Credit limit is 25k each. What would happen if I dont pay them? Am I going to jail? Also, is it true that I can propose a certain amount to pay at a time? Do I have to send them a letter of intent? Please advise. Thank you so much.

Good day Sir,
Ako po ay OfW na umuwi dito sa nung February,Galing po ako sa Abu Dhabi,sinadya po ng company ko dun na mag bakasyon ako ng 4 months dito kahit my return ticket ako at the same month. ang naging problema po ay yung monthly dues ko sa aking credit card duon. ngayon po dahil sa dina ako nakapag huhulog for almost six months ipinasa na nila dito sa isang law firm at nag padala na sila ng sulat sa akin na sinasabi po nila na may karapatan daw po silang ilitin ang aking property para lang ma covered yung utang ko dun sa credit ko sa UAE.
Maaari po ba nilang gawin ito sa akin at ano po bang hakbang ang pwede kong gawin? Maraming salamat po At more power to you.
Best regards
Romeo

Good day Atty.,
I just want to ask info about my friends' case who worked in UAE and had her unpaid Credit card problem with the bank there. She was terminated by their company and now back in the Phils. Now she got a legal notice from the local legal office of ABnAmbro bank there in UAE. She's now worried, can't do anything now to pay for the debt, We would like to know if ABnAmbro in UAE has legal rights to pursue a legal case againts her in the Phil. since the card was issued and used there in UAE, If YES, what would it be ? She's now worried, I would like to know also if they have the right to continue obligue her to pay for this credit card? My friend is very much worried about this case, hoping for your advice. More Power !!!

please search the other threads regarding dubai credit card

Hi Atty,

Good evening.

I am a single parent with 2 kids.  Way back 2nd quarter of 2005, i entered into a business partnership with 2 common friend.  We established a travel agency business. Back then, i am financially capable of sustaining the financial needs of the company as i have earned good commissions from previous employer. There we opened a company account to Asia Trust Bank. After opening the said account as the general manager of the said company, they offered me as well with a credit card.  I guess it has a credit limit of 20k and we have spend it for some needed office supplies and other related materials for the business. The business operated for only few months because the said 2 partners sabotage the whole operation.  They have used me to finance the whole business and the planned was take off the whole business after few months and which they did.  The said plan materialized when i was busy doing sales presentation in one of the prospective company in makati area. Later on the day i went back to the company's office and the only thing left was all my personal stuff.  Bank accounts was been closed and they took all the money away. It was a shocking experienced that time for me because i was just between my 24 -25 years old.  I don't know what to do.  The only thing that i could remember was to go to a police station and have a blotter on the said situation.  That's all what i have done. After which i didn't bother anymore to pursue with the legal action as i was left with nothing. So my financial circumstance changed drastically.  I'm out of job, no income, couldn't find a way to sustain bills such as house rent, electric, water, food and most specifically the medication of my son.  He has a severe and isolated case of asthmatic condition as per doctors who treated him that they couldn't really know where the said condition came from and what to do it with it.  They couldn't compare it with most of the asthma conditions they have treated both for elder and young ones. I don't also get any support from my kids father. And i didn't bother to beg for it. All i wanted to is sustain a day to day living, my sons medications and monthly bills.  

Unfortunately, i didn't had any good paying job at that time. I got no job for more than a year. My son was on and off in the hospitals for treatments. I decided to move to a much smaller space to stay to save a bit amount of money. There were few months too that i get no job due to my work attendance as most of the time i have to attend to my son. I can't anyone who can take care of my kids as i am really broke.

There were no collection communication that had happened about it. Then i noticed one of the Asia Trust Bank branch that they were bankrupt.  But just about a couple of weeks ago.  I got a message from my facebook account, saying that the person was from a law firm for Asia United Bank which was previously known as Asia Trust Bank. They keep on calling me, sending me sms messages on a daily basis that they are giving me about 24 hours to settle the said debt, the amount was ridiculous to be honest because the credit limit was only 20k and now they are asking for more that 220k. I am currently employed as temporary staff (contractual basis).

I have 2 other mouths to feed and they are my children. What I am earning now is just enough to sustain our day to day expenses, most of the time whenever i get my pay, there's nothing more left in my hands as i have to pay all the bills, get some food, medicines for my son. My concern is that they are even sending me threat messages saying that they will track me down to where i live and to my work, they will coordinate with barangay officials and the management to whom im connected with so they can give me embarrassment and let me sign a document that I need to pay of the said debt accordingly. I'm having sleepless nights, cant focus on my work, i am only sharing with one of my siblings from the apartment that they were staying at since i couldn't really afford to get a small space for me and my kids. Just the other day, they have called the company am working with.  

In line with this Atty., I would like to seek assistance from your end.  Can you please provide me with some substantial advise on what would i do with this issue.  I badly need you assistance as i can't afford losing my job because if that happens, i can no longer feed my 2 children and would not be able to sustain my sons medical condition.  Would really appreciate your most soonest advise.

Sincerely,
emilyrose

Good Day Po Atty,

This is in regard to my credit card na alam ko naman may mga payments ako bago lumubo ng 35K. Somehow I stopped paying for more than a year first because I was dissappointed when I got to know my balance and due to financial difficulties. They kept calling me, sending email and notice. I informed them of my financial status and asked them for amnesty using only my Principal and utilized amount but they refused and demand all payment including all interests because it is their policy sabi ng kausap ko na collector. I asked them by phone and email to send me details of my account and the following, 1. Principal and utilized Amount 2. Interest Due On, 3. Other miscellaneous charges, so that I can have an overall view of my obligation but their response were negative and even told me that they dont do that insisting me to pay all. Worst when I tried to offer and state my case and asking for these details again thru email, naka vlock na ako pero yon email nila pumapasok sakin. Ano po ang magandang advise na pwede nyo po ipabahagi sakin. Maraming salamat po.

Good afternoon po, need ko lang po ng advise. Kasi nagkausap na kami ng Attorney ng Bank na mag settle ako nang ganitong amoung dated July 24 and July 27. Tapos po ang full payment is umabot po sya ng first week of August, din nong nag inform na ako na nakabayad na kami dated August 1, din tsaka po sya nag sabi na dagdagan ng 1k kasi daw umabot na ng August ma forfeit na daw ung agreement na dapat sa July lang yun dapat bayaran. If di raw makabayad, magdedemanda daw po sila. Din nang hihingi ako ng palugit kasi po medyo tight lang po talaga sa budget. Ano po dapat ko gawin?

dapat humingi ka nang kasulatan dyan sa mga babayaran mo and signed by the bank.

Hi ,ask ko lang po attorney ,may default credit card po ako sa bpi with credit limit of 10k last 2006,pa po , 2004 po ung card ko at hindi ko na po nabayaran nung 2006 ,after 6mos of not paying bpi send me a notice to pay na masyado na malaki ,until a yr later balloned na sa 100k yata ,so dahil wala naman me pera ,hindi ko na binayaran pa ,at wala na akong nareceived na ano pa man galing sa bpi . After 7 yrs bigla may tumawag sa workplace ko sp madrid daw at sinisingil ako sa utang ,so dahil wala akong alam sa 3rd party collector nagalit ako at sinbi ko sa kausap ko na hindi ko sya kilala at wala akong utang kahit kanino ,they kept on calling until one day sinabi na kakasuhan na nila ako ,so sinabi ko na better let the judge decide, nawala ung phone ko kaya nawala narin ung tawag nila ,until last this month ,may nagpunta na mailman inabot ung demand letter na p66,800 bayaran ko raw,,so sabi ko wow ha ,hindi ko kayo kilala tapos mag dwmand kayo ng bayad ? Kausapin ko raw ung attorney nila,pagkausap ko ,kung sino sino ang binabanggit na tao ,at hindi naman ako ,kaya sinabi ko ,ako ba talaga kausap nyo ? Scammer kayo e,demand letter na xerox copy? Sabay sara ng pinto .After a day may tumawag Pia daw ang name nya ,ayaw sabihin tunay na name so hindi ko kinausap ng matino ,at sinabi nya na pag hindi daw ako nagbayad balckilit na ako sa lahat ng bangko ,sabi ko mas mabuti at saka sabi ko after 10yrs ? 11 yrs na nga e saka kayo maningil na hindi naman kayo bpi? Sabay baba ko na ng phone . Tumawag ulit at sinabi sa kasama ko na tatawag daw sila lagi hanggat hindi ako nagbabayad.. Now may question is pwede ba sila magsampa ng kaso sa korte? Accredited ba ng BSP sila na maningil ? Also totoo ba na abswelto na ako dahil masyado na matagal ang 10-11yrs then now sila manghaharass? Ano po ang maipapayo nyo? Ano po ang pwede ko sabihin sa mga scamer na hindi nagpapakilala ng maayos sa mga kotong collectors ?

Good day po,

This is in relation with my first query. I have an auto loan with a bank, i have a remaining 8 months to pay to full pay it (updated payment). Unfortunately, i also have a credit card with the same bank that is already past due for 3 years now. My questions are:

1. Do the bank have the right to hold the release of the orig OR/CR and cancellation of Chattel Mortgage if i fully paid my auto loan with them?

2. Can they garnish my car as payment in case they file a collection case against me?

3. Does the effectivity of the Auto Loan Contract ends when the loan is fully settled?

I am planning to sell the car after it is fully paid to support the medical expenses of my father. Really need advice. Thank you very much in advance, will greatly appreciate it.

10k lang po ang credit limit ko by that time and ung utang utang ko ,wala pa po 10k .

@mariebiscuit
there is no such thing na after certain period eh balewala na yung loan mo. kahit pa 20 years yan, the truth of the matter is may loan ka parin na di binayaran.
regarding naman sa pagsampa ng kaso, yes pwede sila magsampa ng civil case for collection. regarding accredited sila ng BSP, only the company or BSP can answer that.

@jepa_1030
1. no unless it is specified somewhere in your contract.
2. yes, the court will have you liquidate your asset to pay them.
3. yes since if there is no loan existing, then there is no need for a loan contract but better check the contract if it is specified when the contract will cease.

Thank you po ,,sa pagkakaalam ko po ung credit limit ko lang po last 2006 ay nasa p10k lang po ,and now 11yrs na po ang nakaraan saka naniningil ung sp madrid na hindi nagpapakilala ng maayos ung Pia ,do i need to trust her? Lalo na nagkalat ang ang mga scammer ,ang natatandaan ko lang utang noon ay nasa 5-7k lang ,can i ask from them na ipakita nila sa akin ung SOA ng last non payment bill ko ? Also mas makakabuti bang sa korte nalang kami mag usap para legal lahat at tapos na ang kotong collector na yan? Kasi sa korte legal lahat ,while ung magbabayad ka sa hindi mo kilala o kung sino man is unfair for me ,maaring sa sunod maningil ulit ng paulit ulit....

Also is statue of limitation applicable ?

Hello po. Please help po. Nakareceived kami summon. MTC may branch num at sheriff nagbigay. 180k principal kay BPI 2015 pa. Ngayon umabot na ng millon pero yung pinapasettle samin ay 600k plus. Nakipag payment arrangement ako non kase maganda pa sakayan ni Mr. Kaya hinihingi nilang 16k monthly for 3yrs yata un. alam ko kaya ko mag compky noon. Dahil gusto ko lang talaga sila mabayaran nag start ako dp ng 30k. Pero di ko inaasahan magiging on and off sakayan mr. At Madami kami naka mortgage pa. Hindi tlaga inaasahan mangayyari na mas matagal nababaksyonr kesa makasampa. Inshort, di ako nakatupad sa payment arrangement. Hanggang di ko na kaya i settle at natakot na rin ako makipag usap sa kanila dahil talagang wala ako mabibigay. Until may summon nga kami natanggap. Nag consult po kami sa lawyer. Ang sabi kung sasagot kami dapat may pang bargain kami. Kaso wala na po talaga kami savings at mga property namin ay hinuhulugan pa till now. Actually deliquent na din kami sa iba. Sabi ng lawyer kung wala naman daw kami talaga maibibigay kahit magkano mas better daw wag na namin sagutin ang summon. Hayaan na daw namin ang bank ang mamoroblema samin. Since kahit ano naman ay wala kami ibibigay. Ang akin po gusto ko sana malaman ng court na willing kami humarap at magsettle sa kaya namin pero sa ngayon ay wala pa talaga kami mabibigay dahil unemployed si mr at ang kinikita ko ay nsa 21k lang. Kulang pa sa family needs ko dahil madami din  kami pinaagbabayaran pa. Ano po ba dapat ko gawin talaga? Sundin advice atty wag na sagutin? Kung di ko po sagutin ano po pwede mangyari sa akin? Please help po. Hanggang 25th nalang ang palugit ng MTC sa pagsagot sa summon.