DISKARTE (Guidelines on Credit Cards Paranoia)

Anti-Child Abuse Law

2012-02-12T09:12:00.001+08:00

RA 7610

"Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

Kasama na doon ang mga ginagawa ng mga collectors!

Penalty : Minimum six (6) years imprisonment

Procedures:
1. Before dealing with collectors, ask for his ID and Agency;
2. If he berates you and you child, STOP talking altogether to him ( talikuran mo) ;
3. Call the emergency number of your barangay/police ( 911) para ipahuli ito;
4. Pag-umalis, file a blotter at ipa-dampot later on.

Spread The Word

2012-02-05T04:00:00.000+08:00

What to do when credit card collectors harass you

2012-01-30T07:46:00.000+08:00

Whatto do when credit card collectors harass you

Monday, 02 May 2011 11:05 Lifestyle- RealLife

By Dolly Palisada

YOU are a credit card defaulter. Your credit card debt has blown out ofproportion. The amount is so huge you can no longer pay it in full. A fewmonths after, a credit card collector comes knocking at your door, harassingyou, threatening to sue you or try pulling out your properties to settle youraccount.

In the Philippines,you hear horror stories of harassment and intimidation by credit cardcollectors. To equip yourself with basic information of your rights, here areseveral useful pointers that you may use in a likely scenario:

1. You have the right to ask the debt collector a copy of your Statement ofAccount (SOA) duly signed by the bank. A demand letter or an offer lettershowing a discounted rate of your debt is not your SOA. If they provide you anSOA, make sure to verify it with the bank for its authenticity. Make yourrequest clear or adopt a mantra: No SOA, No Pay.

2. You have the right to decide on how much you can afford to pay your debt. Dothis by sending a proposal letter through email or the post office for yourproposed mode of repayment and it should be according to your financialcapacity.

3. Once you confirm agreement, it should be officially written (never a verbalone). A written proof is what you need in case they deny your payments.

4. In case of disagreement in the proposal, then don’t pay. Challenge thecollecting agency to pursue the case in court where it is handled properly. Itshould be noted that credit card debt, done in good faith (such as bankruptcy,unemployment, etc) is not a criminal act but a simple case of breach ofcontract therefore constitute a civil case. Credit card debt eventually turnsinto criminal act at the issuance of bouncing checks (estafa) or was stolen andused by another person.

5. In some cases, collecting agencies may use police presence as shock factorto knock at your door: will dangle a piece of paper in your face as “warrant ofarrest” but will not allow you to read it. These are one of the many ploys topressure you out of your wits to pay your debt. Don’t panic. Instead, get theirnames, their precinct and their car’s plate number. You may also take a pictureof their faces through your phone camera or press start a video. Again, be warythat this is not the job of policemen, barangay captains or kagawads. File acomplaint or case against them for abuse of authority if they keep on harassingyou.
6. Credit card collection agencies will use guises and disguises for the solepurpose of collecting money from you. Commonly used are “LBC uniformed men” toenter your home by announcing a package delivery. Once you allow them to enterthe house, they will reveal their true identity and will try by all means topurge money from you or pull-out appliances at your house to swap for yourdebt. At times they will claim to be the sheriff of the court and extort moneyfrom you. Be vigilant and tell them to go or you file a criminal case againstthem for trespassing, extortion or unjust vexation.

7. Some initial pressures used by credit card collectors are in the form oftext messages or persistent calls. Messages may say you have a pending warrantof arrest or will contain details of court case number, name of the judge, branchof court and time of hearing. The purpose of this is to sow panic and fear.However, a text message containing information of an impending warrant ofarrest is a give away. A proper court will not issue such nonsense. Warrant ofarrest is for criminal cases and credit card debt is a civil issue. It shouldbe noted that warrant of arrests are personally delivered by court authoritiesby surprise and not over the phone or texts messages, fax or email messages.

8. What is RA 8484? Most often, this republic act is used by collecting agentsto intimidate defaulters. In essence, Republic Act 8484 is also known as theAccess Devices Regulation Act of 1998. In layman’s language, an access devicemeans any card, plate, code, account number, electronic serial number, personalidentification number and other telecommunication services, equipment orinstrumentalities-identifier or other means of account access that can be usedto obtain money, goods, services or any other thing of value to initiate atransfer of funds. RA 8484 is also applicable to person/persons who applied fora credit card using fake identity/identities which is classified as afraudulent act and has nothing to do with your credit card debt or non-paymentof debt.

9. Having said all that, it is worth mentioning as well that credit carddefaulters can still travel abroad. Do not believe if collectors will threatento file a hold departure order against you because it’s merely a bluff. Forthose getting an NBI clearance for work or other purposes, don’t believe inhearsay that you cannot get your clearance despite your standing debt. Takenote that NBI records reveal criminal cases only and not civil cases.

Are credit card debt collectors telling lies? Yes. It’s their modus operandi toput pressure on the defaulter to collect money. We know they are only doingtheir jobs but a defaulter has rights as well to protect themselves from suchharassments. Collecting agencies are paid for by the banks to collect debts.For as long as you’re not running away from your responsibilities, or you’renot in hiding, then move on with life and learn a great deal from theexperience.

CIDG

2012-01-29T06:00:00.000+08:00

Function1. Monitors, investigates and prosecutes all crime involving economic sabotage like:

bank fraudslarge scale smuggling, estafa,dollar salting,hoarding,profiteering and other crimes

of such magnitude and extent as to indicate their commission by highly placed or Professional syndicates and

organizations

www.failuretopaycreditcard.blogspot.com

--------------------------------

"Search This Blog" Box

2012-01-22T05:39:00.001+08:00

INTERPOL

2012-01-15T06:26:00.000+08:00

These are the oft-repeated lines of collectors:
the Interpol will be hunting you.

What is INTERPOL?

It is the world’s largest international police organization.
Created in 1923.
it facilitates police whose mission is:
"to prevent or combat international crime"

aren't you flattered when collector says
"You are a big time criminal - worldwide pa!"

www.failuretopaycreditcard.blogspot.com

2012-01-08T06:22:00.002+08:00

Please bear with us as Blogger is still undergoing improvements.

www.failuretopaycreditcard.blogspot.com

Fruit of Poisonous Tree

2012-01-01T01:12:00.000+08:00

The Fruit of the Poisonous Tree doctrine :
A rule in criminal law that makes evidence that was derived from an illegal search, arrest or interrogation inadmissible.

Similarly,if a collector calls you and pretends to be "Atty. Legal Ek-ek",
EVERYTHING follows.
What he will say are therefore all FALSE.
gets mo?

www.failuretopaycreditcard.blogspot.com

2011 Christmas Message

2011-12-25T05:40:00.000+08:00

As the world celebrates the birth of Christ,
let us remember that he was born, not in a rich
mansion, but in a lowly manger.
and Joseph and Mary did not have any credit cards!

Banker
www.failuretopaycreditcard.blogspot.com

COPIED

2011-12-25T04:26:00.000+08:00

It is quite flattering to know that somebody is using
the articles here and publishes them REGULARLY,IN TOTO,
in his own blog.
....without attributing the source.

You may copy articles here to help us disseminate information
for the benefits of victims of CC collectors.
We appreciate it.
Thank You.
You can even earn from it. You need it.
But common courtesy (and conscience) dictates:
"You should not pretend to have written these articles!"

But I leave it all up to you and your God(if any).

Trespass To Dwelling

2011-12-11T06:00:00.000+08:00

Nobody can enter your home without :

a) Your specific consent
Any private person who shall enter the dwelling of another against the latter’s will.
(Revised Penal Code Qualified Trespass To Dwelling Art. 280)

b) Court Order
A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

Probable cause in the issuance of a search warrant
Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched.

Exceptions:
3. Anyone who shall enter cafes, taverns, inns and other public houses, while they are open. (Art. 280, 3rd par.)

Thus,
collectors cannot simply enter your premises for "ocular inspection"
or sheriff to " get your things".

Any person who, with intent to gain, shall take any personal property belonging to another:
a.) Robbery:
by means of violence or intimidation of any person, or using force upon anything
( Art. 293)
b) Theft
without violence against or intimidation of persons nor force upon things but without the latter's consent.( Art.308)

Meet Mr. Collector

2011-12-03T09:24:00.006+08:00

He is an employee of a Collection Agency.
Which in turns likes to impress us like :
"Real Mon De Low Office"

He earns on a "No Collect ; No Commission" basis.
No commission means nothing to eat,or barkada nights.
And gets fired out eventually.

He thus forces defaulter to pay thru harassment,lies, blackmails.

Siya yung tatawag sa iyo at hinde mag-bibigay ng tunay niyang pangalan.
(eh,kung mahuli ako, sabi niya!)
He will pretend to be from the bank's "pre-legal department"
(meron ba noon? WALA!)
as Atty. Mando Rugas
(naku ha lawyer mismo ang tatawag sa iyo? VIP ka 'day!)
or even Major Problemo of the PNP CIDG
(hinde ba Chief Inspector ang tawag doon?)

with a Warrant of Arrest
(thanks for informing me in advance. Tatago na ako)
or conduct a legal visit
(tell your friends to make "legal" visits din ha? Wag yung "illegal" visits)
or asks for barangay protection.
(oo nga naman. what if sinapak mo siya dahil nahuli mo na niloloko ka)

He uses pro-forma reminders and collection letters like:
File a case.
Does your company collector files a case?
Sound stupid?
Yes, it is!

How to deal with him?
...Go on, don't be afraid
Dare his bluff.
"Let's settle everything in court!"
Watch his reactions - ayaw niya.
Alam mo na kung bakit.

Now you know him better.

Get Real

2011-12-02T06:58:00.000+08:00

so what do you intend to do?
simply remain in the past?

It's Still A Wonderful World

2011-11-26T05:21:00.008+08:00

People may come and go,
but the ideals of Diskarte shall remain.
Forever

Thank You Kasimanwa

2011-11-25T05:24:00.001+08:00

In pace requiescat

"D" Is A Wonderful Letter

2011-11-21T05:53:00.006+08:00

When you have a
Debt
and it is
Defaulted
Because you have no
Dough
What you need is
Diskarte

text messages?
Delete
letters?
Disregard
Calls?
Dare

In other words, D is for Dedma!

Why?
Because you dont want to be
Duped

Recharging

2011-11-07T19:07:00.002+08:00

It's not your computer, folks.
It's really blank!
Am off for some recharging.

Lumipat ng Bahay

2011-10-30T14:02:00.000+08:00

Collectors fool you into paying their commission
by citing this RA 8484 legal ek-ek:

"A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company..."

Why should you?
You did not "abandon" nor left
your place "surreptitiously".
did you?
And your card isn't even FAKE!

Want then to make the collector look funny?
Ask him why you are liable.
Magagalit yan.
Why?
He does not know!

And you will have another " Fun with Collectors"

Unbelievable

2011-10-23T09:38:00.002+08:00

Collectors saying they will file a case?
They wont ; they don't ; they can't!

Gusto mo malaman?
dare their bluff.
And enjoy their reactions!

Afraid

2011-10-14T07:30:00.005+08:00

The fear never ends.

I know you lost your job,
you were a good payer before,
can no longer pay your cards anymore,
received demand letters, calls, text messages
home visits, office visits and barangay visits.
I know..I know...
you are not running away from your obligations.
You want to show good faith.
BUT
there is this fear, and
you are A-F-R-A-I-D !!

of what?

skip those familiar stories.
and tell me straight forward:
"what are you afraid of?"

Let's Have Fun With Collectors

2011-10-04T07:56:00.010+08:00

Next time a collector calls,
dare his bluff with your own bluff.
Tell him to meet you in Precinct 5 of the Makati Police (or any )
para mag-bayad ka in FULL.
para sa ganoon, hinde ka na niya puede pang "kasuhan"( or any threats)
WATCH HIS REACTIONS. and enjoy.

common alibi:
hinde kami tumatangap ng pera. i-deposit mo na lang sa banko.

answer:
di tangapin mo lang at ikaw ang mag-deposit. lol!

reason:
when you deposit, while you are citing your credit card account number,
he will not tell you that "it merely identifies na nag-bayad ka na, at
for credit to his OWN account!"

Question:
What if pupunta siya talaga doon?
two things you can do:
a. WAG pumunta. lol! ; or
b. Ipahuli mo siya for swindling/extortion.
(di ka na mahihirapan pang dalhin siya para ipakulong)

Resbak

2011-09-25T09:18:00.005+08:00

I would like to share my experiences regarding rude CA who came to our office to collect the unpaid debt of my co-office mate.

This agent comes arrogantly inside our office and ask for the name of my co-employee. then i sense that he was the guy who calls us intermittently and very rude. i tell him whats this all about? with a raised voice he told me and also for everyone to hear that we are a company that tolerates estafador.

This irked me, and in my anger i told my other office mate to block the door. then i get my glock 40 cal and place this on top of my table.

I casually told him you could disappear here. then my co-office mate who was harassed by him for a long time vent his anger on him.

The agent attempted to run outside but his path was blocked by other office mate. then he begged to stopped from assaulting him since he is just doing his job and he got daily quota. he further added that he got 4 kids to fed.

We let him leave but we immediately called the barangay to report that a certain individual had came to our office and destroy some company property. we also summon the police precint and ask for police assistance and surrender to him the motorcycle of this agent.

Later, this collection agent comes back with 2 allegedly cidg personnel. we called again the barangay who responded with the police. we notice that this 2 cidg personnel becomes uneasy and wanted to leave. they were all brought to the police station. the agent lodge for physical injuries while we file a case for robbery with extortion.

His case against us for physical injuries was dismissed for insufficiency of evidence while our case against him prosper. he is out on bail. his motorcycle was still with the police.

Occasionally, we received a call from him to settle the case amicably.
this incident prompted our company to change some personnel policy on credit cards.

Posted in
"RA 8484 In Pilipino”
Wordpress Blog

Collector Joke Of The Day

2011-09-22T05:38:00.002+08:00

This was sent by Bilkish to a Dubai defaulter
now working in Australia

September 19,2011

Office of the Assistant Attorney General
Criminal No: Under Process Passport No:

Order Request:

Plaintiff Warrant of Arrest and Deportation
VS.
( name of defaulter)

C O M P L A I N T

We would like to inform you that we have received an affidavit of complaint for immediate deportation due to certain grounds involving criminal activity, the allegation charge againts you has solid evidence to have probable cause in granting this request. However, the Department of Justice can quash, modify and null this request or grant this proceedings. You have 48hours to resolve this allegation.

The purpose of this letter is to to notify you with regards to the filing of this case againts you whereas docket number is still under procedure and needs further investigation.

For Inquiries you may call the Petitioner of this request at +639167088101 look for Atty.Cuevas for validation, Otherwise, the allegations raised againts you will be pursued by the complainant. .

Please do not respond to this email as this is a system-generated email message.

Thank you,

Department of Foreign Affairs
consulate@dfa.gov.ph

Bakeeet?

2011-09-18T07:33:00.002+08:00

Bakit kailangan pa nila :

1. mag-sinungaling ( Si Fiscal Atty.Colonel ito ng Crame)
2. mambastos ( pagkakalat ang utang mo)
3. mang-hiya ( awayin ang ka-opisina)
4. mang-lait ( kas-kas ka ng kas-kas)
5. ma-nakot ( huhuliin ka namin)
(eto,anong tawag mo - "Mabuti pang mamatay na yang anak mo sa
ospital para may pambayad na kayo sa amin!")

para lang maka-pera?
(at bakeet ako mag-bayad naman?)

Lord, forgive them.
I tried but I cant.

Dio perdona... io no!

Enter The Dragon

2011-09-06T17:36:00.007+08:00

Due to change of my workload priorities,
Dragon76 will do most of the replies to queries
with support from other Diskarte members.

Hope I would no longer see posts like:
" BANKER, ANSWER MY QUERIES!"

:)

SEARCH BOX & HELP LINES

Diskarte Pilipinas

2011-08-18T08:52:00.005+08:00

If you are reading this, chances are, you found us while searching for answers to your credit card concerns using one of the many internet search engines.

We maintain the following sites:

a) http://www.failuretopaycreditcard.blogspot.com/
b) http://failuretopaycreditcard.wordpress.com/
c) http://diskarteforum.niceboard.org/
d) http://finance.groups.yahoo.com/group/failuretopaycreditcard/

As of today, “blogspot” alone tallied 15,567 comments, 522 followers on 245 posts with visitors for the entire sites averaging 500 daily, receiving 50 E-mail inquiries, 23 call and text queries and about a 100 call divert requests and assistance.
There is the “Search This Blog” facility should you wish to learn more about your concerns.
There is also a chat board available with some members willing to provide on-line help. We think these are more than enough resources we have already provided.
This is in consonance with our motto “Help Not Blame”.
However, If you still think we were not of any help,
don’t blame us either.

SEARCH BOX

RA 8484

2011-08-14T03:54:00.004+08:00

IF YOU ARE NOT USING A FAKE CARD,
FORGET RA 8484

--------------
Want to know more?
Dont be lazy.
Type "RA 8484" in the "Search This Blog"

-----------------

Utang Abroad

2011-08-07T05:19:00.001+08:00

1. May utang sa Dubai ; I am now in Saudi ( or Pinas)
wala paki ang Saudi or Pinas dyan sa utang mo sa Dubai and vice versa.
hinde naman sila collector ni Dubai!

2. Tumawag ang Bilkish/Enzi at ipakulong daw ako/mag-sampa ng kaso
see no. 1 above
Kaya lang, wag mag-balik doon kahit "transit" lang.
Pero, in fairness ha? masarap pa nga daw makulong sa Dubai keysa
magtira dito sa Pinas - libre board and lodging pa - aircon at masarap
ang pagkain. :D

3. Hina-harass ang pamilya ko.
Sino man ang mang-harass, puede ipakulong.
hinde exempted ang collector.

4.Ano gawin ko?
dare his bluff

-----------
Ang Bilkish/Enzi ay CALL CENTER.
Ang tawag sa collectors nila " Junior Bank Officers"
pero wala silang license to operate dito sa Pinas
ayon sa BSP.

Para sa dag-dag na kaalaman, type mo ang "key word/s"
ng gusto mong hanapin sa "Search This Blog" doon:

-------------------a rejoinder ----------------

I’ve been to that same situation before…nakulong na din po ako
..i was in jail for nearly one month and total outstanding ko po is 200k. although combined cards and loan…i got even with some card by sitting in jail and need not to pay them, kc po once na tumalbog yong na-issue na cheque di na pde gamitin ang same cheque para kasuhan ka, nasa custody na yong ng korte as part of your file….although pag inupuan mo utang mo clear ka na…

Here’s the verdict pag utang ka from aed 1,000 to 50,000 that is equivalent to 21 days (1 month in islamic calendar), however, if you have for instance aed 3,000 to 5,000 na utang most likely you’ll stay inside for 7 to 10 days.

Pag tinatakot po kayo ng banko…wag po kayo matakot, ganyan din po ako noon..laging takot, ngaun di na..hindi nila kayo dadamputin hanggat wala kayong police case. walang right ang banko na i-hold kayo anywhere hanggat wala naka file na police case….

also ignore nyo ang mga debt collectors sa pinas better coordinate directly from the bank itself…kaya po ganyan po ka-rude and mga collector na yan dahil po sa komisyon…mga mukhang pera po ang mga yan, they will never care kung kabayan ka nila, specially pag alam nila na nsa abroad.. kung takutin ka nila ng kulong sabihin mo na pakulong ka na lang…

i still have one more credit card left which is FGB, sinisingil nila ako ….sabi ng mrs. ko nsa kulungan ako…so after ko makalaya, tinawagan ulit ako, sabi ko kasuhan nyo na alng ako at papakulong ako, hanggang ngaun po di pa rin nila ako kinakasuhan more than one year na ako di nagbabayad. ang outstanding ko po is aed25K which means less than one month lang ako uupo sa loob bayad na ko sa kanila. kasi pag nagpakulong po ako wala na sila makukuha sa akin or once na kasuhan nila ako…ngaun di nila alam kung pano ako sisingilin…nag-check ako sa dubai courts, police stations wala pa rin ako kaso….bahala na po si batman….mabuhay po ang mga pilipino, lalo na mga ofw.
lesson po natin….”let us spend wisely” ok po ba….

http://failuretopaycreditcard.wordpress.com/2010/09/12/warrant-of-arrest/

Paying Directly To The Bank

2011-08-01T04:16:00.007+08:00

The bank will not entertain you.
Refers you instead to its collector.
The collector tells you to deposit your payment
to the bank itself.
Does it really go to the Credit Card Company?

Don't ask me. Ask the collector!

Search Box

2011-07-24T15:49:00.002+08:00

On the right side of your screen, there is an image there that looks
like this :

That is the SEARCH BOX
In order for you to get the most of this blog, you may wish
to type the "key word/s" of what you are looking for.

Why dont you try it now?
Didn't find anything?
Refine your search.

Happy Reading!

Hope You Can Live With Your Conscience

2011-07-20T05:08:00.001+08:00

ang masakit dahil sa series of nervous breakdown ng harassment ng taga Molaer namatay ang mother ko. ngayon ang father ko nmn ang tinatakot nila. aantayin ko pa ba mawala ang nag iisa kong magulang by harassment ng mga ganid na collector? ano gagawin ko malayo ako sa pinas.

The Right Against Self-Incrimination

2011-07-17T04:48:00.000+08:00

THE 1987 CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE III BILL OF RIGHTS Section 17. No person shall be compelled to be a witness against himself.

THE SCOPE : It applies to commutative testimony and not mechanical testimony. Commutative testimony involves the use of intelligence on the part of the accused or witness.

It is only when a particular question is addressed to which may incriminate himself for some offense that he may refuse to answer on the strength of the constitutional guaranty. (ROSETE, et al vs. LIM et al., G.R. No. 136051, June 8, 2006)

Kaya next time when a collector calls, try to tell him that per your lawyer’s advice, you are invoking your “Right Against Self-Incrimination”.
and you do not want to answer his questions.

:D

Demand Letter

2011-07-08T08:10:00.003+08:00

Middle East Laws

2011-07-01T04:34:00.001+08:00

Iba't-iba ang mga batas ng bawat bansa.
Kung may kulong doon, dito wala at bawal.
Their laws do not apply to us ; Our laws do not apply to them.

-----------
We might not agree with other country's laws but we have to respect it during our stay there.

"One bloke was arrested for doing press-ups on the beach - cops accused him of making love to the GROUND and charged him with indecency."

For CC defaulters:

If you are an expat in the UAE and have debts you can't repay, and if you seem to be about to loose your job, the only sensible thing to do is to leave the UAE fast, via the airport, before you get slapped with a travel ban.

lifted from:
http://muscatconfidential.blogspot.com/2010/04/draconian-debt-laws-in-uae-tale-of.html

To All EB Attendees

2011-06-27T15:28:00.002+08:00

those who did not make it :
WE MISS YOU!

what you might have missed:

http://www.philstar.com/Article.aspx?articleId=613274&publicationSubCategoryId=109
http://www.philstar.com/Article.aspx?articleId=614595

Diskarte EB

2011-06-19T04:03:00.005+08:00

Date: June 25,2011
Time: 3:00 p.m.
Fees: P200.00/pax
Venue:
Go Hotel
Upper Ground, Robinsons Cybergate Plaza
EDSA corner Pioneer Street, Mandaluyong City

to those who donated and gave pledges:

Independence Day

2011-06-12T06:27:00.007+08:00

Think of the poor prisoner languishing inside the jail,
not the high profile prisoner like you-know-who.
And you will know what it means to be free.

Think of the poor who can hardly eat 3-square meals a day,
not the high profile politicians around us.
And you will know what it means to be free.

Secrets Of Credit Card Diskarte

2011-06-05T04:26:00.004+08:00

The Dragon Scroll;
The Secret Soup Ingredient;
Secrets to Credit Card Diskarte
They have one common SECRET.

Clue : one word

Once you found that word,
type it in the blog's Search Box.

No Such Thing

2011-05-29T05:33:00.007+08:00

1. Credit Runaway - a collector's English for "tinakbuhan ang utang"
2. Litigation Department of the Bank - banks have legal departments only.
3. Legal Visit - an extortion term for harassing defaulters.Illegal visits,meron.
4. Ocular Inspection - a nonsense term of evaluating assets only by looking.
5. Coordinate with INTERPOL, Armed Forces of the Phils.;Dept. of Foreign Affairs.
bonga!
6. Warrant of Arrest - Why inform you in advance if true? di nag-tago ka na!
7. This is Atty. Ekek - Lawyers calling as collectors is toooooo
degrading ; Collectors calling as lawyers is a fraud.
8. Collectors filing a case - It's like a janitor telling you to clean the toilet.
9. Amnesty - Paano ka magka-amnesty, ZERO ka na sa libro ng banko?
10.Cert. of Full Payment - Why cant they simply issue an OR stating "FULL PAYMENT?"
11.Pre-legal department - huwaaat?!! nabilaukan ako!

Trick Or Threat

2011-05-22T05:20:00.001+08:00

TRICK
Amnesty Program

Your debt is now P 1,000,000.00 but because we care,
you will just pay P 10,000.00 within Five (5) days
and you will have your "Certificate of Clearance"
otherwise :

THREAT
We will file a case against you.

1 Warrant of Arrest
2. Ocular Inspection
3. Hold Departure Order/Worldwide Ban
4. RA 8484
5. Barangay Referral
6. Preliminary Attachment
7. Withholding of Salary
8. Write/Call Your HR
9. Imprisonment
10.Negative Data

If you dont want to be tricked,
dare their threat.

simple.

BSP Cir. 702 Series of 2010

2011-05-14T05:33:00.003+08:00

Collector: M'am, Sa Coercion Agency ito. ano po ang plano sa utang ninyo?
M'am : Sir, wala pa po akong natangap na endorsement ng Shitty Bank
na kayo ang AUTHORIZED collection agency. Puende antayin natin?

-end of conversation-

BSP Cir. 702
Series of 2010

1.Inform CC Holders that their accounts will be endorsed to a collection agency at least seven (7) days before actual endorsement;
2. Requires banks to implement procedures so that collectors shall IDENTIFY themselves ( no more Atty. Collector or Tenyente Guevarra) ;
3. Penalties : first offense - Reprimand of Director/Officer ( Vice President?)
4. Effective: Jan. 1,2011 ( more or less)

--------------

Credit card users urged to report abusive collectors
01/24/2011 | 07:11 PM

TERESITA S. LISAMA
Acting Deputy Director/Head
Financial Consumer Affairs Group
Central Supervisory Support Subsector
Bangko Sentral ng Pilipinas
Mabini, Manila consumer affairs@bsp.gov.ph

http://www.gmanews.tv/story/211374/credit-card-users-urged-to-report-abusive-collectors

Crazy

2011-05-08T06:14:00.004+08:00

You cant pay anymore.
so you went to the bank for restructuring of your account.
they wont.
Instead, they merely referred you to their abusive collectors.
Option?
Wait if they take you to court.
Same thing will happen anyway :
there will be compulsory negotiation to lower your debt and waive interests;
the judge will allow you to pay in installments at 12% per annum,
meaning - restructuring of your account pa rin.
at kausap mo pa rin ang bank.
crazy.

Ang Utang Ay Dapat Bayaran

2011-05-01T05:01:00.000+08:00

Hinde sa lahat na panahon.

-----------
http://failuretopaycreditcard.blogspot.com/2009/05/let-pictures-speak.html

RA 8484 Once Again. With Feelings.

2011-04-22T06:53:00.007+08:00

News Item :
US hacker pleads guilty to credit card theft
Agence France-Presse
First Posted 04:45:00 04/22/2011

Rogelio Hackett, of Lithonia, Georgia also admitted selling
credit card information and counterfeit cards to acquire
gift cards and merchandise.

Tens of thousands of fraudulent transactions were traced to
the card numbers acquired by Hackett, totaling more than $36 million.

If you are NOWHERE similar to this incident,forget RA 8484!

In Debt Trouble

2011-04-18T04:47:00.000+08:00

Why are OFWs drowning in debts despite the huge salaries?
Following are the feedback I got from our preceding chapter:

1.OFWs,especially in the Middle East, earn a lot but spends a lot too.
"malaki ang sasahurin doon pero ang bayarin namn kinuha na ang 75% ng sahod.

2. Payment of their salary are more often delayed
"marami din sa ating kababayan eh hindi sumasahod ng 2-3 months"

3.When faced with financial success, most people can't handle it
a)I have a kin working as an engineer. they were able to buy a car, me mga expensive gadgets at gamit sa bahay. they were doing fine, until lately, when he began to invest in all luho there is. the wife gets maluho na rin. di contented sa simple joys na kinagisnan nila.
-natutong magsugal si mister.
-at siguro, natuto rin mambabae.
now, they are deep in debt, di na kasya ang perang pinapadala because kulang pa pambayad sa luho at bisyo. dito nasira ang buhay nila. sa bisyo, at sa luho.

b)I have another cousin, who also works as a machinist .
before kasya na sa kanila ang php25k a month na sueldo.
when my cousin got this job, di na nagkasya ang sueldo, which is more than php50. ang reason?
- ang asawa naging maluho,
- and mga anak naging maluho.
- the wife stopped working, kasi kumikita naman daw si mister.
everytime my cousin comes home, the dough he takes home isn't enough to pay the debts the wife incurred, when all the while, me monthly allotment si wife. kaya my poor cousin had to borrow money, everytime.
Why? malakas ang loob gumastos kahit konti lang ang pera mo, thinking payday is just a few winks away.

I like this thought :
ISA LANGPO ALAM KO NA REASON..."PAGMAMAHAL SA PAMILYA"...

Posted advice and reminder for OFWs in the Middle East:
Nandito ka para mag-ipon ; di mangutang

love your family.
but dont spoil them.
:)

(thanks to all who shared their thoughts)

Can I Ask A Question This Time?

2011-04-09T13:03:00.004+08:00

Please dont misinterpret me, okay?
I have been wanting to ask this question
to OFWs ever since, out of curiosity perhaps
(and maybe learn something)

Some people leave their families to work abroad
ostentatiously because of "high paying jobs."
Regrettably though, these OFWs end up with unpaid
debts abroad.
loss of jobs, I can understand.
But WHY did they incur debts
in the first place?
Is this just a case of spending first before earning?
bakit kaya?
your feedback will be greatly appreciated.
( no blaming though)

Truth Hurts - Willingness To Pay

2011-04-03T05:15:00.002+08:00

" I want to pay kahit konti in order to show willingness to pay and
that I am not running away from my obligation"

Stop fooling yourself.
You want to show willingness to pay,
but banks don't care.
that is why your account was already
given away - to shameless collectors.

Yes, some people wants you to show your
willingness to pay - who else but collectors?

Graduation Day

2011-03-27T05:02:00.002+08:00

It's graduation time

-when you received a summons :
B.S.in Credit Card Harassment Major in Citibank
B.S. in Credit Card Harassment Major in HSBC

- when you arrived from Dubai:
MBA - Master in Being Alive from Dubai

- when you are no longer afraid of collectors
MBA - Master of Blackmail Attempts

With Honors:
Summa Sobra ang Nabayad.

Congratulations.
Learn from your experience.

I Will Pay The Bank Directly!

2011-03-21T01:57:00.001+08:00

I will pay the bank directly,
instead of the collector.
Such nice words to hear.
But maybe you can ponder on the following:

Di ba written-off na ito?
Does it mean HATI ang bank and collector?
Does it mean EFFECTIVE ang pananakot at pahiya ni collector sa akin?
Doe is mean I am rewarding him for that?
Is my payment being CREDITED against my card card debt account?
or is it simply being credited to the account of the collector?

Kung minsan, nag-tataka ako kung bakit bayad ako ng
bayad, my account does not move naman.
Is it simply being eaten by the charges?
Useless?

Also, why do I pay my HSBC "credit card accounts"
in Citibank or any other bank. THAT sounds queer to me?

Bilkish

2011-03-16T05:05:00.005+08:00

Bilkish is a financial call center owned by an Indian.
walang business permit po ito galing BSP.
(they call their collectors "Junior Bank Managers"
>:)

They handle mostly OFW accounts.
http://www.jobstreet.com.ph/jobs/2008/9/default/20/1973660.htm?fr=J

Coming in second is ENZI
ENZI Corporation is one of the call centers/telemarketing collection services company in the Philippines.
http://www.callcenterdirectory.net/call-center-companies/ENZI-Corporation-730.html

my score card:
"filing" a case - zero
"world-wide" travel ban - zero
"deportation" - zero
"hold departure" - zero
"imprisonment" - zero
"NBI/INTERPOL/GCC - zero
demand letter signed by Bilkish Jr. Bank Manager - minus 10 !

Letters

2011-03-06T09:38:00.004+08:00

If you still want to make your life simple,
open at your own risk.
what would you expect there anyway?
a win from the lotto ?

Text Messages

2011-03-01T10:00:00.000+08:00

When you received a text message from collectors
simply press 'delete'

It will save you from all those worries and questions you normally
ask here.These are LIES anyway.Hinde naman totoo ang mga sinasabi
nila. Pati sila hinde totoong tao! ( judge? SPO1? c'mon)

You Got A Package!

2011-02-20T05:25:00.002+08:00

A collector will pretend that you have a package and will ask for your
detailed info.
May tao bang mag-papadala ng package na hinde naman alam o
sigurado ang tamang address ng pinapadalhan?

No Comment

2011-02-13T04:04:00.001+08:00

sayci said...
hello everyone na sumusubaybay nitonmg Blog..may kakilala po ako may loan din sia sa chinatrust. Hnd po sia tinigilan ng collector pinupuntahan p po nia sa office para singilin xempre takot din kakilala ko kaya bayad din ng bayad hanggang sa nakapagfullypaid n sia. 3yrs na ang nakalipas hnd p din nia nakukuha ang certificate of full payment nia meaning sa collector lang lahat napunta ang payments nia. nagtry sia magloan sa ibang bank pero disapproved kc kailangan daw muna nia makakuha ng cert. of full payment sa dati niang pinaloanan...

Comment posted Under " Liar, Liar"
Friday, February 11, 2011 2:22:00 PM GMT+08:00

Liar, Liar

2011-02-06T05:33:00.000+08:00

wala pa ako narinig na hinde sinungaling na kolektor.
honest.
why do they have to lie to collect?
nag-aral ba sila?
dahil ba sa upbringing nila?
Maybe collectors here can give us some insights?

kasi kung ako ang anak, magulang,sweetheart or relative,
ayaw ko mag-trabaho siya nang ganyan.
no dignity. one which you can never be proud of.

Credit Runaway

2011-01-30T05:53:00.000+08:00

how can you take these people seriously if
they dont even know what they are saying?

Just-Tiis?

2011-01-23T05:43:00.000+08:00

MEMORANDUM CIRCULAR NO. 04
Series of 2010

STANDARD OFFICE PROCEDURES IN EXTENDING LEGAL ASSISTANCE TO
DELINQUENT CREDIT CARD HOLDERS

Section 1. Clients – Pursuant to the mandate under the Administrative Code of 1987 and in relation to Republic Act No. 9406,

"the Public Attorneys Office shall provide free legal services
to qualified credit card holders as set forth under Memorandum
Circular No. 18, series of 2002,as amended"

Requirements To Qualify for Legal Assistance:
1.Latest Income Tax Return or pay slip or other proofs of income; or

2.Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or

3.Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.

http://www.pao.gov.ph/28/Persons-Qualified-for-Legal-Assistance

AC/DC - Awayin and Collect or Dayain and Collect

2011-01-16T06:14:00.002+08:00

Guidelines For Credit Card Collectors:

1.Gulpi De Gulat

Call them by identifying yourself as either from:
a.Bank
b.Legal Department/Law Office
c.Court – RTC/MTC
d.Police/NBI
e.Newspaper
f.Barangay
g.City Hall

By pretending to be from any of these sources, CC defaulters will be AFRAID of you - they are always afraid of having a case!

2.Give them a number to call and look for Atty.Ek-ek or SPO 123 for arrangement “otherwise…….”

Be sure to be on the other side of the line to continue the scam.
It does not matter also even if you give the correct number of the bank or court.
But it is always better to have somebody as accomplice on these places.

Variation:

Ask a barangay tanod or a corrupt police to deliver a small piece of paper to the Debtor.
Indicate mo na may kaso siyang “Serious Physical Injury” kaya dapat tawagan ang Manila City Hall.
After tumawag sa number mo, tell the caller to call Atty. Mando Rugas ( ikaw din yun) otherwise itutuloy ang kaso.
Pag-tumawag, jackpot! Singilin mo sa sa utang niya!

3.Tell them about promo and amnesty offers.
Give them a deadline. To qualify, ask them that they should give at least P 5,000.00 tomorrow “to show willingness to pay”.
pag-nagbayad,inuman na,libre pulutan pa!
"Sir/M'am, sorry po disapproved yung Amnesty ninyo /wahaha
or
Tell them about RA 8484, Warrant of Arrest, Publishing their Faces, or Estafa.

4.Other techniques

a.Pa-konsiensya Effect - Nagamit mo naman yan…
b.Pa-galit Effect – Balasubas!
c.Pa-Blackmail Effect – Tatawag kami sa HR ninyo

Tell them anything that sounds “legal” – warrant of distraint, credit abandonment or preliminary attachment. They won’t know it anyway.

See? Ang dali lang maging collector no? meron dyan matagal na at supervisor ngayon – si ESB. Kilalanin mo!

"Small Claims" Court

2011-01-09T06:00:00.001+08:00

1. Scope
-purely money claims not to exceed One Hundred Thousand Pesos (P100,000.00);and
-does not include interest and costs.

2.Kinds of claims covered

a. actual damages caused to vehicles, other personal property,
real property or person.
b. Money owed under
- a contract of lease
- contract of loan
-contract of services
- contract of sale or
- contract of mortgage

-It also includes purely civil actions for payment of money covered
by a bounced or stopped check.
-An amicable settlement reached in the barangay or an arbitration award involving a money claim may also be enforced under this rule.

3.Are lawyers allowed at the hearing?
No, lawyers are not allowed to appear at the hearing
unless they are the plaintiff or the defendant.

4.What happens if the parties do not appear at the hearing?
a. If the plaintiff does not appear:
the claim shall be dismissed without prejudice.
b. If the defendant does not appear:
the effect will be "failure to file a Response"
c. If both parties do not appear:
the claim and counterclaim shall be dismissed

2011 (MMXI)

2011-01-01T06:00:00.003+08:00

It is the 2011th year of the Common Era;
the 11th year of the 3rd millennium and of the 21st century, and
the 2nd of the 2010s decade.

The United Nations has designated 2011:
the International Year of Forests and
International Year of Chemistry.

BSP has issued BSP Circular 702 stating
that effective 2011 CC defaulters are
to be notified formally by the banks as to
where their accounts are endorsed.

2010 CHRISTmas Message

2010-12-19T10:48:00.010+08:00

I will stop being a corrupt government employee;
I will learn how to smile often;
I will not let money control my life;
I will stop earning money thru deceits and inhuman ways
like credit card collectors do;

---------------------Proverbs 30---------------------
7 O God, I beg two favors from you before I die.

8 First, help me never to tell a lie.
Second, give me neither poverty nor riches!
Give me just enough to satisfy my needs.

9 For if I grow rich, I may deny you and say, "Who is the LORD?"
& if I am too poor, I may steal and thus insult God's holy name.

Bawal Kunin

2010-12-12T04:05:00.004+08:00

Collectors often times tell you that they will come to your house and
get your things.

Without a Search Warrant or a specific Court Order, NOBODY can do
that.Otherwise, it's robbery!

Even if there is a decided case against you, there are things which
creditors cannot get.
See Sec. 13 Rule 39 of the Rules of Court for details.

Old electric fan? ano naman gawin nila doon? Pero pag pumilit,
Bigay mo na!

:))

S U M M A R Y

They cannot get your things.
if they want to,
- they have to file a case first.
- obtain a favorable judgment.
- look for a property na:
- real estate
- cars
which are :
- not mortgaged
- equal or below your utang
otherwise, they have to give you the excess value
(sukli)

Draft Complaint

2010-12-05T02:24:00.005+08:00

One of the tricks of collection agencies is
to write you a demand letter, then attach yung
"draft complaint" kuno.

I dont see any logical purpose in doing so, except
maybe to coerce and fool you into paying - tinatakot ka.
blackmail? at niloloko. fraud?

What to do?
write them a letter:
Sir, I will pay in FULL today!!!!
p.s.
this is just a DRAFT letter.
lol!

or better yet, tapon.

why do they have to fool people to collect
is beyond me.

Balikbayan

2010-11-28T15:21:00.000+08:00

Nobody can prevent you from entering your home,
how much more your own country.

If you have a pending criminal case here,
baka puede pa.deretso sa jail.
But utang? of course not.

Remember :
There is no such thing as " Do Not Enter"
order being issued by a court.

Further reference:

http://failuretopaycreditcard.blogspot.com/2010/08/going-abroad.html

The End

2010-11-21T03:37:00.005+08:00

Even if they file a thousand cases against you,
if you have NOTHING to pay
(e.g. time deposits, condo and/or a Ferrari)
you pay them NOTHING.

Hinde ka naman puede i-harap sa firing squad.
You might end up like Jose Rizal!

Even if you attend or not,
Even if you hire all the lawyers for FREE
the decision is always " You Pay"
eh, you have nothing to pay?
di, "wala"
#-o

-----------
n.b.

Before any of you wise guys starts thinking of something else,
let me clarify:
I am NOT advocating non-payment;
I am just advocating using your common sense.
(especially for the so called "credit managers")
(the defect could really be in your own credit initiation)

BSP Complaints

2010-11-14T05:03:00.002+08:00

After complaining to BSP,
they will ask the bank to write you.
eto ang standard reply ng bank:

With respect to your particular experience, we have called the attention of the collection agency concern and have issued an appropriate reminder so as to...( and other ek-ek)

eto ang mabigat:

HOWEVER,we would like to remind you that, based on our records, you still have an outstanding balance of P xxxxx, which .....

Now, tell me if it's really worth it.

Matapang At Mayabang Na Collector

2010-11-07T04:52:00.011+08:00

Matapang at bastos ang mga collectors kasi:

1. Sa telepono or text lang naman yan;
2. Hinde sila kilala ;
3. Panay babae na defaulters ang kausap nila.

Now, kung talagang matapang sila,
try mo na papuntahin sila at sabihin sa harap mo
yung sinasabi nila!

Hanapan mo nga "Authority galing sa banko"
walang maipa-kita ang mga iyan.

choose ka lang dito alin ang gusto
mo isampa na criminal case:

--------Mga Kaso Na Puede Isampa Sa Kolektor --------

1. Art. 128. Violation of domicile ( pilit pumasok ; ayaw umalis)
2. Art. 280. Qualified trespass to dwelling ( pumasok kahit ayaw mo)
3. Art. 282. Grave threats ( tinatakot ka)
4. Art. 283. Light threats ( blackmailing and extortion)
5. Art. 287. Light coercions ( kinuha gamit mo dahil sa "utang" daw)
6. Art. 155. Alarms and scandals ( pinag-sisigaw ang utang mo)
7. Art. 315. Swindling/estafa ( walang authority ng banko)
8. Art. 318. Other deceits ( iba't-ibang style na panloloko - Dubai?)
9. Art. 298. Execution of deeds by means of violence or intimidation
(pilit pinapa-pirma sa Amnesty/Mga Kasunduan)
11.Art. 336. Acts of lasciviousness ( self-explanatory.lol!)
11.Art. 353. A libel(pam-babastos sa sulat o text)
12.Art. 358. Slander — Oral defamation
13.Art. 363. Incriminating innocent person (ma-RA 8484 ka daw)
14.Art. 364. Intriguing against honor (pinag-kakalat na may utang ka)

Parusa?
Kulong at criminal records sa NBI

---cross reference----

http://failuretopaycreditcard.blogspot.com/2008/07/bawal-pumasok.html
http://failuretopaycreditcard.blogspot.com/2010/08/office-visits.html

-------Civil Code of the Phils. ----------

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

-----BSP Circular 702 Series of 2010------

see "Banking Updates" of our blog for details

-------------------

Had that experience several years ago. Grabeng trauma din yun for several months. We came to the point na pinuntahan pa namin yung office ng collector (cubao), dahil di na matiis ng nanay ko yung sinasabi sa kanya kaya gusto niya harapin.

Wala naman nanyari kasi di kami hinarap ng mokong. Nasa taas daw at may meeting, aantayin sana namin kaso di daw alam kelan matatapos. Eh? ;D Duwag pala. Sa telepono lang magaling. Lesson learned kaya allergic ako sa CC. ;D

Calls - Again(?)

2010-10-31T03:10:00.000+08:00

Being pestered by callers?
"Ano plano ninyo"?
"..otherwise we will file a case"

Here are two suggested replies:

"According to my lawyer, sa court na
daw natin pag-usapan ito."

" Mahal ang abogado"
"Problema ko na yun!"

So, what else can they threaten you with?
You already called their bluff!

or:

"Sir/M'am", What we are discussing here,
can't you put that in writing, para formal
lahat?

The Family Home

2010-10-24T03:10:00.001+08:00

Family Code of the Phils.

Art. 152.
The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.

Art. 153.
The family home is deemed constituted on a house and lot from the time it is occupied as a family residence.

Art. 155.
The family home shall be exempt from execution, forced sale or attachment.

Art. 157.
The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation.

RULES OF COURT
RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Sec. 9. Execution of judgments for money, how enforced
b) Satisfaction by levy.
the officer shall levy upon the properties;
The sheriff shall sell only a sufficient portion of the personal
or real property of the judgment obligor.

In other words, if your property is valued at P 1Million;
Your debt is P400,000.00 only, the sheriff will pay you
back P 600,000.00 once your property is "sold".

What if it is mortgaged?
If it is mortgaged for P 800,000.00, the sheriff will
pay the creditor P 800,000.00 then "get" your house.
Is the bank that stupid enough?

I Want To Pay

2010-10-17T07:05:00.009+08:00

May utang ka.
Walang pambayad kaya na default.
Nanalo eventually sa lotto.
you want to pay now.
where? how?

1. go to the bank personally.negotiate.
2. be prepared to be frustrated though
if they will not entertain you but
refer you instead to their collection agencies.
( wala na kasi silang pakialam sa account mo)
3. Masaya naman si collector! pera na ito!
kaya, mega-harass ka naman para madali ang pera.
4. What option is left? the court!
antayin mo na lang if they file a case.
ganoon din ang mangyayari anyway, as if you
went to the bank to negotiate.

but what if they wont file?
donate mo na lang sa church or favorite charity pera mo
may kabuluhan pa.

Pag-Ibig Loans

2010-10-10T05:24:00.002+08:00

Housing loan is a secured loan with your house itself as collateral.
Financing is not 100%( in most cases)since you are required an equity.
This is also against your future benefits with the Pag-ibig fund.

Hence,it is mostly risk free.
Unlike credit cards.

So, who cares if you have unpaid cards?

Mindanao Daily Mirror Item

2010-10-06T05:43:00.007+08:00

Some collectors are trying to milk this item to mislead & coerce people to pay:

Bankard files cases against 2 card holders

...against credit cards holders who failed to pay their outstanding obligations. Records from the Branch 4, Municipal Trial Court in Cities
of Davao City shows that.....Sum of money cases were filed in Court by BANKARD Inc.. . .

"The notion that nobody goes to jail for not paying their debts no longer holds true especially with the passing of Republic Act 8484, which now makes it a crime or a criminal act" Atty. Vanessa G. Revamonte explained.

Source:
http://www.dailymirror.ph/Sept-2010/09082010/loc4.html

There are TWO issues here being discussed:

1. They filed a CIVIL CASE for "Sum of Money" ;
2. Explained about RA 8484 that imposes a penalty of imprisonment for debts
(IF it stemmed from using FAKE CARDS)

She is right. She is telling the truth, but NOT THE WHOLE TRUTH.
otherwise, Atty. Revamonte could have filed a CRIMINAL CASE and not
a civil case.

Right?

- - - - - -

1987 CONSTITUTION
ARTICLE III
Bill of Rights
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

RA 8484,and other related laws, punishes you, not because of debt, but because of other things like dishonesty or deceits.

No law is designed to coerce a debtor to pay his debt.

They Will File A Case!

2010-10-03T06:00:00.000+08:00

No big deal.
Collection Agencies collect, not file cases.
They know this, for practical reasons:
- why file when you can just do a harass-and-collect or
coerce-and-collect modus operandi?
- why spend for unnecessary litigation expenses when
a threatening call will simply do it?
- what if there is nothing to collect even after
filing a case? Debtors stopped paying because they do
not have the money in the first place!

Back read post in this blog.
To know your rights. To know their lies.

By the way, may mga bonus pa ang mga iyan. " Early Birds" or
"Top Performer Of The Month".
see?

2010-09-24T08:43:00.000+08:00

Text Notices

2010-09-19T05:45:00.003+08:00

Plaintiff vs. Bank Case Filed RA 8484

a text message:
"Plaintiff......vs Criminal/Civil Case 2009 Preliminary Attachment of property you are being summoned to appear in Makati MTC under Judge Benjamin Garcia for violating the RA 8484 Collection Sum of Money

if the summons is "served" thru text,
malamang ang hearing ng case is also
thru text!

what they really meant :
they are advising you to pay their commission.

What to do when you receive text messages?

PRESS 'DELETE'
to simplify your life.

Warrant of Arrest

2010-09-12T05:12:00.000+08:00

Text ni Mr. Collector

" Please be informed that you have a pending warrant of arrest"
FRAUD
" To Hold,call Atty. Ek-ek at 999-8888"
BLACKMAIL
" Pay at least P 5,000.00"
EXTORTION

If you are arresting someone, would you inform him before hand?
di nag-tago na yun!

Blackmails and extortions are punishable under Art. 283 on Light Threats.
See Reyes, The Revised Penal Code, 1993 ed., p. 559.
The crime of Other Deceits under Art. 318 par. 1 of the
Revised Penal Code, as amended.

let's try how good their lawyers are pag pinahuli mo
yang mga collectors a.k.a. manloloko na yan.

Calls

2010-09-05T04:12:00.004+08:00

Take the call.
It cant kill you anyway.

1. Make it simple -
answer "yes" or "no"
2. You are under no obligation to accomodate them.
No need to explain, plead, argue. useless.
walang nanalo dyan.
3. Just tell the truth - wala kang pambayad.
4. Inform them:
"according to my lawyer, sa court na lang daw natin
pag-usapan ito. Formal at legal. Ayaw mo na nyan?"
5. After which DONT LISTEN anymore kahit ano pa sabihin niya.
6. If the caller starts berating you, what is there to listen
for? kaya, hang-up or let the table, which has no brain too,
listen to him instead.

these suggestions are practical and common sense approaches.
why listen to an irrational caller?

-------
..just a reminder

Hi banker... I was so thankful that i found this blog... Regarding my HSBC card, last year an agent called and told me to pay my outstanding balance amounting to 24k, but he said to me that there is a discounted amount that could be offered to me, amounting to 10k. I made a loan to our comapny just to pay that amount, but I made it in 2 payments, 5k and another 5k. He promised me to give a certificate of full payment on that. But time passed by, i have not recieve any confirmation from that agent. After 5 months they called me up with another agent, asking for my payment. I told him that I made a payment last year, but I never recieve any certificates. I forgot to get his name, and told me that "naloko daw ako ng agent na yun, marami na raw complaints na ganun". Afetr that call, i recieved a txt msg, that I have to pay my account or if not they will go to our barangay with the attorney. Please help me with this, advise me what will i have to do. Thank you very much...
imeldific....

Posted under " Utang, What I'd Do"
Tuesday, September 7, 2010 1:16:00 PM GMT+08:00

La Lang

2010-09-01T17:59:00.011+08:00

Anak, Hiling Ko Sa Aking Pagtanda
Sa aking pagtanda, unawain mo sana ako at pagpasensiyahan.
Pagpasensyahan mo sana ako kung ako man ay nagiging makulit
Natatandaan mo anak noong bata ka pa?
Pinagtyagaan ko ang kakulitan mo.

Kapag may konti kang panahon,
magkwentuhan naman tayo, kahit sandali lang.
Inip na ako sa bahay, maghapong nag-iisa.
Walang kausap.

At kapag dumating ang sandali na ako'y magkakasakit
pagtyagaan mo sana akong alagaan
Tutal hindi na naman ako magtatagal.

At huwag kang mag-alala,
kapag kaharap ko na ang Diyos na lumikha,
ibubulong ko sa kanya na pagpalain ka sana ...
dahil naging mapagmahal ka sa iyong ama't ina...

Office Visits

2010-08-29T09:23:00.006+08:00

When collectors threaten to visit you,
they will merely hand you a 1/4 s#$t of paper telling you
"to call atty. ek-ek otherwise...."
if he is polite naman,
just receive it without any fuzz.

However, if he makes a scene,and begins to interview or berate you,
remember:
You have the right to refuse entry to anybody, especially collectors.

Ask them for proofs that they are legitimate:

1.Collection Agency authority as required by BSP Cir. 702
2.His authority from the supposed collection agency;
3.Board Resolution of the bank authorizing such appointment
4.Employee ID
5.Statement of Account duly signed by authorized bank signatory
6.etc.and etc.

Normally WALA silang maipakita.
Conclusion? they are just there to harass you and milk money
from you and its EXTORTION/FRAUD/ESTAFA/DECEIT!

The Revised Penal Code states :
..By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications or imaginary transactions, or by means of other similar deceits.
(b)By inducing another, by means of deceit, to sign any document.
Art. 318. Other deceits.
any person who shall defraud or damage another by any other deceit not mentioned

Penalty? why, kulong, of course!
CALL THE POLICE. its time to turn the table against these rude collectors.

see Home Visits here:

http://failuretopaycreditcard.blogspot.com/2008/07/bawal-pumasok.html

Demand Letters & Text Messages

2010-08-15T15:11:00.016+08:00

These come in three forms:
1. Unsealed at tad-tad ng staples na demand letter.
2. a 1/4 s#$t of paper.
3. SMS.

even at unholy hours.

It simply tells you about:
1. Being imprisoned ( IF you kill a cat or under RA 8484 ek-ek);
2. This is your FINAL demand ( you received it a hundred times, though)
3. That they will get your things ( even if you do not have one)
4. To call Atty. Ek-ek otherwise.....
5. That your spouse shall be included under rule 3 sec 4 of the new
rules of court.( eh, single ka? or so what? Wedding vow namin yun!)
6. That you will have NBI,Barangay,Police running after you
( some would even include manhunt operations by the entire AFP,
including the Phil. Air Force and Phil. Navy! - sus, ginoo.)
7. That you will be blacklisted forever in the files of,well, everything!

Since there are no good news there anyway, but only lies:
letters - dont open ; "take and tapon" diskarte
SMS - press 'delete'

Right Minus Wrong

2010-08-15T11:00:00.004+08:00

It's okay for a collector na sisingilin ka.
Inutusan kasi sila, right?

But is it right na:
Magalit sila. "Bakit ayaw mo mag-bayad!"
Murahin ka " balasubas."
Lokohin ka " may warrant of arrest ka na!"
Ipahiya ka. " We will call your HR "
Blackmail you " Barangay kap will visit you"
Gawin kang TANGA " you are liable under RA 8484"

If you compute it with right minus wrong,
you simply raise your two hands.
After the right, there is nothing LEFT.

Going Abroad

2010-08-04T17:02:00.008+08:00

Bureau of Immigration
- handles the administration and enforcement of immigration, citizenship, and alien admission and registration laws.

SOME RESTRICTIONS ON THE RIGHT TO TRAVEL OF FILIPINOS:
- A Hold Departure Order (HDO) issued by the Regional Trial Court (RTC).

Circular No. 39-97

Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;

Violations of BP 22 are within the exclusive jurisdiction of the Municipal Trial Courts or Metropolitan Trial Courts (MTC). This means that the Information or case can only be filed with the MTC, regardless of the amount involved.

Therefore, there is NO Hold Departure Orders for BP 22s.
Nor for debts which fall under civil cases.

Lalo na ang " DO NOT ENTER" ORDER for you.
that is plain S-2-PEED

Dubai Debts

2010-08-01T05:03:00.012+08:00

Wala tayong pakialam sa batas nila ; wala din sila pakialam sa batas natin.
this is because of the "territoriality concept of law".
once you are here in 'Pinas, mahirap habulin because of the cost and the
separate territorial laws involved.

Di ba ang tawag sa mga bansa "Independent"? wala bansa ang puede
makialam sa ibang bansa.

Kaya, ang mga masigasig lang ay yung mga Pinoy sa Dubai and Pinoy
dito who try to squeeze money from OFWs by blackmailing them.
(Special Mention po dito ay Bilkish)

May debtors prison doon? dito, wala.

Think about this :
Kung puede mag-asawa doon ng lima, dito ay considered yan "adultery"
see the difference?

From A Lawyer:

The XXX (OTHER ARAB COUNTRY) authority can only hold or refuse the entry or departure of an foreign national for violation of its immigration laws or its local laws (it is possible that they consider a person undesirable alien if he has a case before UAE) but the actual case for violation of UAE laws can only be prosecuted and filed in UAE since violation of criminal law is jurisdictional meaning it can be filed only in the place where it was committed.

My Translation : WALA pakialam ang GCC sa kaso mo sa Dubai

Each countries has an agreement with their respective local police through Interpol to apprehend violators of their law and if the host country (GCC) is willing to cooperate with UAE government through its INTERPOL or the immigration office, they can apprehend the subject for eventual turnover to UAE authorities for his prosecution.

My Translation : PUEDE ang GCC country na dakpin ka at i-turn over sa Dubai.
meaning - IF you are that important and has committed heinous crimes or plunder
at tumakas ka with $100,000,000.00 from the bank.

In THEORY, everything is possible.
In Reality, not everything is feasible.

Publishing Your Face

2010-07-25T05:40:00.002+08:00

Collector's diskarte: PJ Publication

Threats to publish your name, picture and your face in the newspaper
is silly.

If they do that, WALA ka ng mabasa sa newspaper kundi pur0
pangalan ng 500,000 CC defaulters! Incredible? its like
reading who passed the board exam, complete with your face
and picture.

BTW,ang ba ang pagka-iba ng face and picture?
(It's also libel - a criminal case - no matter the reason)

NBI

2010-07-18T10:20:00.001+08:00

Under its enabling law, Republic Act 157, as amended, the NBI is empowered to:
* investigate crimes and other offenses against the laws of the Philippines, both on its own initiative and as public interest may require;
*assist, when officially requested in the investigation or detection of crimes and other offenses;
*act as national clearing house of criminal records and other information for use of all prosecuting and law enforcement entities.

Utang is not a crime. If unpaid, its a violation of certain conditions of a Contract or Kasunduan.( Just like your marriage contract. lol!)

Help Not Blame

2010-07-10T06:00:00.004+08:00

THIS IS A REPOST FROM 2008

What to better define people with credit card problems - worrywarts? oppressed maybe? or victims? Would exploited CreditCard Defaulters be most appropriate?

From the start, Cardholders are already at the losing end, exploited by corporate greed - Tempted to meet their emotional wants and desires masquerading as actual needs.
Rationalization comes in - CCs are handy, to be used only on
"emergency cases". And how many " real emergency cases" did we have? Its Midnight Sale in the mall, there's a promo on appliances sayang naman if we pass this opportunity,I like that bag, baka wala na yan pag-balik ko. familiar scenes?

Default starts. the exploitation continues. Where in the world can you have an interest of 42% plus a penalty of 60% or a total of l02% per annum? you only heard about it when speaking of 5/6 before! On top of that, there are over-the-limit fees, hidden charges na hinde mo naman maintindihan how it got there and at collection fee of 25%,the logic behind it also puzzles me.ahhh....deceits.....greed.....

Aside from harassments of the collectors, and the paranoia created afterwards, when others heard about the exploitation, reaction would most likely be:

"iyan, kasi they are irresponsible in handling their finances"

maybe,losing a job is also being irresponsible?
maybe,using your card to put dear father under ICU to keep him alive is being irresponsible?
maybe,not being able to look at your family go hungry is also being irresponsible?

Exploited na nga yung tao, you add pa to their miseries by blaming them.
In such case, I dont want to go to church with these hypo-critical people.

If you cannot help, dont blame. leave us alone.
GIMME A BREAK.....

RA 8484 In Pilipino

2010-07-08T08:10:00.008+08:00

Unless you used a FAKE Credit Card, here's the law for regular unpaid cards:
Section 9.Prohibited Acts:
(j) Obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;
nangutang na ang layunin ay umalis na lang pag-katapos at hinde na mag-babayad

Section 14. Presumption and Prima Facie Evidence of Intent to Defraud
a. Debt - more than Ten thousand pesos (P10,000.00);
b. Status - past due for at least ninety (90) days ;
c. Action - abandons or surreptitiously leaves the place of employment, business or residence

TRANSLATION:
Nag-layas o umalis sa lugar ng trabaho, negosyo o tinitirahan, ng palihim o patago.

China Trust & BP 22

2010-07-03T05:53:00.011+08:00

I havent paid my chinatrust loan mag 2 months na po.sayang kasi june 2010 na kasi ako matatapos pero di na tlaga kasi kaya cause na lay off po ako last nov. sir, paano po yung check na i have signed before? baka ma estafa po ako eh..pero wla naman akong cheking account eh...i dont understand kung for wat yung checks na pina sign nila sa akin before pagka kuha ng loan ko.. please advice po. thanks!

Please call them up and inquire kaninong account name yung checks
which you signed and you will be in for a surprise!

Untitled

2010-06-27T06:35:00.003+08:00

♫♫♪ I did my best to keep you satisfied
You never really know how much I tried
.....but from now on ♪♪♫
you'll just something that I used to love ♪♫♪♪

Masters Of Deception

2010-06-20T09:55:00.003+08:00

Somebody calls you up. Says " I'm from the bank"
Hmmm... you readily believed him.
He says " You have a Warrant of Distraint"
Pagka-alam mo it's :
SEC. 205. Remedies for the Collection of Delinquent Taxes.
CHAPTER II - CIVIL REMEDIES FOR COLLECTION OF TAXES
National Internal Revenue Code (NIRC)
He advises you to call Atty. Ek-ek otherwise,isampa na
ang RA 8484 sa iyo.
..teka..teka.. bakit nauna ang "warrant" keysa filing of case?
"and the bank will take your properties"
akala ko criminal case ang i-file?

Sa mga taga-subaybay ng blog na ito,
maybe we will not call them "Masters of Deceptions"
but rather:
"Masters of Discrepancies"

Imprisonment For Debt

2010-06-13T13:17:00.001+08:00

1987 CONSTITUTION
ARTICLE III
Bill of Rights
SECTION 20. No person shall be imprisoned for debt or non-payment of a poll tax.

RA 8484,and other related laws, punishes you, not because of debt, but because of other things like dishonesty or deceits.

No law is designed to coerce a debtor to pay his debt.

So Many Things To Be Thankful About

2010-06-06T03:52:00.005+08:00

Let us rise up and be thankful,
for if we didn't learn a lot today,
at least we learned a little,
and if we didn't learn a little,
at least we didn't get sick,
and if we got sick,
at least we didn't die;
so, let us all be thankful.
--------------------Buddha

n.b.
I decided to republish this
for people who seems to have
given up. don't.

EB Batch 2010

2010-05-30T16:54:00.010+08:00

To Miss Hopeful who coordinated everything
To Strider who was a very accommodating host
To Dragon76 who led the raffle prizes
To the EB Girls/Secretariat who made the event memorable
To everybody who lend their precious presence
To others whom we missed but remembered

Is It A Date?

2010-05-23T17:50:00.005+08:00

If not this Saturday,
Maybe somewhere in time?

Emotional Blackmail

2010-05-17T05:54:00.002+08:00

While surfing last week, I chanced upon an article:

Emotional blackmail are attempts to influence or control by manipulating emotions. Emotional blackmail often follows a cycle of :
Demands - Resistance - Pressure - Threats - Compliance - Repetition.

Emotional blackmailers use fear, obligation and guilt (FOG) in ensuring that the victim feels afraid to cross them, obligated to give them their way and feeling guilty if they don't.

• You feel dominated - your life feels controlled
• You feel intimidated by unreasonable demands
• You are attacked with words, laughter or threats
• You feel manipulated by guilt, fear or compassion

A blog chapter about how to deal with them was previously posted:

http://failuretopaycreditcard.blogspot.com/2008/12/labyrinth.html

The World Of Credit Card Business

2010-05-11T09:50:00.003+08:00

It lends.

1. What if the debt remains unpaid and uncollected?

BSP CIRCULAR NO. 398
Series of 2003

Credit card receivables shall be classified in accordance with age as follows:
No. of days past due: 181 or more
Classification : Loss

2.What does BSP advises?

BSP CIRCULAR NO. 210
Series of 1999

The amount of loss is difficult to measure and it is not practical or
desirable to defer writing off this basically worthless asset even
though partial recovery may be obtained in the future.

3.What should CC companies do then?

CIRCULAR NO. 463
Series of 2004

Banks... may write-off loans against allowance for probable losses (valuation reserves)as soon as they are satisfied that such.. are worthless

Notice of write-off to the supervising and examining department at least twenty five (25) banking days prior to the intended date of write-off.

4.What happens afterward?

The income tax expense deferred, corresponding to the amount of loan written-off considered deductible for income tax purposes, shall be recognized and reversed in bank’s books.

PINOY TRANSLATION

Pag-hinde makabayad ang may utang,deduct lang ng bangko ito
sa taxes na babayaran nila sa gobyerno.

Paunawa : their words, not mine

This Is My Country,The Only One I Got!

2010-05-09T07:12:00.002+08:00

We deserve the kind of leader we chose

Collectors & Janitors

2010-05-01T06:01:00.001+08:00

Similarity:
They both do dirty jobs
Difference:
Janitors come out clean;
Collectors remain dirty.

Is It A Crime ?

2010-04-25T05:46:00.006+08:00

This blog is often being referred to when people search concerns about "Credit Card debts being a crime".

One generally cannot be thrown in jail for failure to pay a credit card debt or failure to pay someone's car loan or failure to pay their home loan. Yet collectors, debt collectors much of the time will call up and pretend to be police officers, pretend to work for a sheriff's department, pretend to be with the government and tell a consumer that the debt collector is a detective. Unless the consumer gives bank account information over the phone, then the consumer will be arrested that afternoon. The consumer cannot be arrested and jailed for failure to pay a consumer debt.
(Consumer rights and debt collection - An explanation of consumer rights and debt collections. http://www.essortment.com/articles/rights-and-collections_4031.htm)

Another popular searched subject covers collection agencies like Molaer, Bilkish, Enzi, Arteche etc. which are define as:

Debt collectors, who work on commission, may be highly motivated to convince debtors to pay the debt, often to the point that they are threatening or abusive to the debtors.
http://en.wikipedia.org/wiki/Collection_agency

Here are the details :
1.RA 8484 – unless you faked your CC, you need not panic.
2.Dubai - wala tayong pakialam sa civil laws nila and vice versa. Puede
doon 5 asawa. Dito, hinde. See the difference?
3.BP 22 /ChinaTrust – No jail. The judge will issue a bench warrant
only IF you do not attend when invited.
4.Kulong/Warrant of Arrest/HDO – Debt is a civil case ; These are only
applicable for criminal cases

Dubai

2010-04-13T03:18:00.000+08:00

Dubai World sent shockwaves across financial markets last year when it said it would not be able to repay its debts on time and asked for a six-month freeze on debt payments.