Credit card fraud

Credit card fraud is present in our country, although its prevalence is subject to debate. In the cases I’ve handled, a SINGLE fraudulent transaction amounted to millions of pesos. A newly-created task force addresses the dilemma of whether a credit card company, which oftentimes absorbs the loss, should spend more money in prosecuting a fraudulent credit card transaction without the active participation of government agencies.

he PIA reports that the President issued Executive Order No. 573, creating an Anti-Fraud Task Force composed of the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to strengthen Republic Act 8484, or the “Access Device Regulation Act of 1998?.

The occurrence of credit card fraud is increasing and acquiring banks incur huge losses and suffer stunted credit card sales, ultimately threatening the survival of the credit card industry, including the negative repercussions in the domestic economy, the President said in the order that she signed Wednesday.

She said credit card fraud was a “form of economic sabotage as it creates a bad image for the country in the global market” at a time when the government was moving to boost tourism.

The Credit Card Association of the Philippines (CCAP) earlier appealed to Malacanang to give more teeth to its laws against fraudsters using illegally obtained information from credit cards, obtained mostly through store or restaurant personnel.

Although credit card fraud is not as widespread in the Philippines as in other countries – constituting less than one percent of credit card transactions here – the CCAP said there was a need for safeguards because of the inadequate security features of most credit cards in the country.

Of course, credit card fraud is present in our country. In the cases I’ve handled, a SINGLE fraudulent transaction amounted to millions of pesos. This task force addresses the dilemma whether a credit card company, which oftentimes absorbs the loss, should spend more money in prosecuting alone – without the active participation of government agencies – a frudulent credit card transaction.

Under Republic Act No. 8484 (the “Access Device Regulation Act of 1998″), in case of loss of an access device (a credit card, for instance), the credit card holder must notify the issuer or the credit card company of the details and circumstances of such loss upon knowledge of the loss. Full compliance with this procedure would absolve the credit card holder of any financial liability from fraudulent use of the credit card from the time the loss or theft is reported to the issuer.

See also: Credit cards – How to Stay Ahead of Runaway Credit Card Debt; Credit cards and unfair collection practices; What would you do as a credit card company?

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151 Responses to Credit card fraud

  1. Diana Prince says:

    A friend of mine hasn’t been able to pay for her credit card recently because of her failing business although she has been a client of the bank for almost 10 years and has never missed a payment until recently. Then she got a text message from a certain branch clerk of the Makati RTC telling her that her court summons and subpoeana will be released in a few days if she doesn’t pay a certain amount. Is that for real or was it just a ploy to make her pay? Has anyone ever gone to jail because of RA 8484? I know there are a lot of people who intentionally max out their credit cards without any intention to pay for their purchases and never get summoned. Or people who steal unused credit cards (I’m sure these people work for the bank themselves because how else will they have access to the credit cards?!) and use them.

  2. Atty. Fred says:

    Diana Prince, a branch cleck doesn’t text parties regarding summons – it is usually served by the process server. As to those who commit fraud, it’s really unfair to generalize that “these people work for the bank themselves.” I’ve handled credit card cases for a bank and I can tell you outsiders could skim credit card info.

  3. peachy says:

    My mother was victimized by credit card fraud. A certain person called our house asking my mom to confirm her identification. He asked all the right and usual questions that citibank officers usually ask before any transactions. Of course my mom acknowledged the call since citibank officers were regularly calling us for new offers or reminders. She was then told that her credit card was being upgraded to a platinum one. She was asked if she had ever transacted a cash advance or what her PIN number was, luckily, my mom was quite forgetful and replied that she didn’t know her PIN and that she had never done a cash advance before since she’s not very computer savvy. The man told her that it was ok, that they were going to fax her a letter that she had to sign and that they were sending over a delivery man who will collect the faxed letter and exchange it for the true copy. She was also instructed that since she was being given a anew credit card, she should submit her 2 credit cards but not to worry, because she must cut the credit card into quarters so as to guard against it being used again. Of course my mom was reassured that it was all real because she was warned of the possibility of fraud by the kindly gentleman. sure enough, a faxed letter came, the man even called my mother’s cellphone number to inform her that our landline was busy and to make sure that it was free so that the fax may push through. She signed the letter and after 1 hour, a man came to our house to collect it and the cut credit cards in exchange for the true letter. One hour later, we received a call from a citibank officer asking my mom if she had been trying to do a cash advance. My mom said that no, she wasn’t and that in fact, citibank has just called to say that she was being upgraded. That was when the officer told us she was a victim of credit card fraud. she was told that the perpetuators have been attempting to withdraw cash repeatedly. We were advised to write a report and fax it to ther office. My mom cancelled all her cards. The next day, we called their hotline to check if any money was taken. The officer said that there wasn’t any transactions registered.
    the next day, my mom was still nervous, so we called again, we were then told that several withdrawals worth 10,000 each happened, for both cards amounting to 130,000 each card. My mom is very worried about this. I’m asking your opinion regarding our liability. I would greatly appreaciate your reply. You can also email me your reply. thanks very much

  4. Atty. Fred says:

    Peachy,
    Under the law, in case of loss of an access device, the holder must notify the issuer of the access device of the details and circumstances of such loss upon knowledge of the loss. Full compliance with such procedure would absolve the access device holder of any financial liability from fraudulent use of the access device from the time the loss or theft is reported to the issuer. You could read more here:
    http://pinoy-business.com/content/view/155/59/
    Hope things worked our well. God bless.

  5. Japjap says:

    Atty, Fred,

    I was not able to pay for my credit card for almost a year already. I have resigned from my previous job since I was diagnosed to have a PTB that time. I went to our province for a medical rest as advised by my doctor. After 6 months of recovery, I decided to look for a job since I also have a child to feed. My sister told me that my credit card bills has ballooned from 15K to almost 106 thousand. I was shocked to realized that my debt was already amounted to that. Prior to this, I already paid the amount of 15K before I left manila to take my medical rest since their collecting agency has kept on persisting me to pay for my debt. We had a verbal arrangement about that and initially I paid for 10K and the rst was based on their monthly scheme of 2300. I even told them that I am going to resign because of my sickness. As of now, I am going to get an NBI clearance but I am worried that this credit card incident may affect my records at NBI.I am willing to pay my debt at hsbc, but I am worried if this may cause me to be terminated if there will be findings on my NBI clearance. I would greatly aprreciate if you will reply on this matter. Thank you so much.

  6. Espy says:

    In relevance to Diana Prince statement posted on October 6th, 2007 at 10:34 am. What will actually happen to those people who can’t settle their credit card? Are their NBI record affected? Do banks has the right to order departure hold from the immigration? Which means, if we want to travel abroad to work, can we still leave the country? Hope you can cleary answer all our querries as I think Diana’s questions we’re all not clarified by your responsed. Thank you very much.

  7. Kaye says:

    Hi Atty Fred,

    My Dad is now living abroad. Before leaving he used his credit card on January(issued under his name) and didn’t/forgot to tell us about it. We received no bill or statement from the credit card companies. We received no communication whatsoever from them, although they have my landline and celphone number on their file. 6 or 7 months later (July or August), I received a call from them saying that my Dad has not yet paid. After talking with them, they admitted (although verbally only) that their courier could not find our house that’s why we were not receiving the bill. However, 2 years ago we have already previously received some bills from them, so I don’t understand why this time they could not find our house. Anyway, because of this admitted error, they agreed to reverse the interest charged after the 4th month of the transaction (April).

    However, until now they have not reversed the charges and are still calling to collect. I have already paid the principal amount including interest charges up to April.

    By their not sending the bill did they violate RA 8484? And if they reneged on their oral promise to reverse the charges what can I do?

  8. maladiosa says:

    i just want to ask if not paying ur card can affect ur nbi and also i taled to them before if i could pay like 500 per month they refused and ow they are saying that i am not communicating with them, and also can we file a complaint against those agents whose been calling me and whoever answers the phone because they aare saying harsh words to me nad the other people in our household

  9. DianaG says:

    Hi Atty Fred,

    I would like to ask for an advise. I was in a shopping mall yesterday when they refused my credit card, they said that I was beyond my credit limit. I was shocked because I don’t have any debt at that time. So I immediately called my credit card company and I found out that there are 2 transcations happened and I was unaware of that. Both amounting 36K each! I told the credit card company that I don’t know anything about it and they said that I was to send a letter of dispute for them to investigate. I ask what my options are, they only said that i have to pay for those transactions if ever they did not prove it was fraud. I think its not reasonble for me to pay since I don’t know about it.

  10. amy says:

    Hello Atty Fred,

    Im a credit card holder, I was not able to pay for my bills for about 8 months due to family and health problem. I have not bee using my credit card for almost a year now. A demand a letter has been sent to me. I tried to find ways to pay my bill but i just couldnt raise 5000 with a week. Now, a secretary of the certain Law office called me up and told me not to work cause someone will be coming over to the house to look and see if what things will be sequestered by them and she that someone will also be coming to the office to talk to the management regarding the issue.
    What will I do with my situation? I really financially broke but I will try to see to it that I will pay my bill with minimal amount that I can afford. My other concern and question atty is, do they have the right to just barge in into the company where i work and talk to the management?
    Thank you so much and god bless

  11. Meng says:

    Me nakukulong po ba sa utang sa card? khit po willing k naman magbayad? pano po 45k lang utang mo tpos sabi nila is 130k na, possible po b un? lalo po kasi kming di makakabayad kung ganon ang gagawin nila, tulong naman po. tnx

  12. michie says:

    is there really an existing team well equipt to combat this kind of scam?.. how come they haven’t catch any big fish until now?.

  13. michie says:

    is there any law that states or defines the creditors’ limitation in terms of collections? when is it considered HARASSMENT?

  14. joanna says:

    has there really been a case when one was locked up because of credit card? ra 8484. i lost my job, and i have not been able to pay for my card for about 5 months. i have been receiving text messages regarding them filing for a case against me, or that they have sent a person for ocular inspection. thanks. hoping for your immediate response.

  15. Fraud Victim says:

    Hi Sir,

    I would like to seek your assistance in how to handle a fraud transaction made from my credit card account through Citibank (mastercard).

    I have submitted the dispute form and letter to Citibank already but they are claiming that the transactions made was valid since my card was used. I don’t have any other option on how to go about this concern.

    Your kind consideration on this matter is highly appreciated.

    Thank you.

  16. todopatipato says:

    after 3 years of not paying personal loan from the bank. will they have the right to foreclose any of my property? please advise

  17. Pingback: What would you do as a Credit Card Company? | AttyAtWork.com

  18. Tina says:

    Atty Fred,

    I’d just like to ask my mom’s case about credit cards. My mom got sick last Feb 2009 diagnosed with nasopharyngeal cancer, she resigned from her job because of that and wasn’t able to pay for her credit cards, we also lack money because of her condition, we need to prioritize first the payments for her treatments. A demand a letter has been sent to her telling that the court summons and subpoeana will be released in a few days if she doesn’t pay her credit cards. My mom can’t sleep anymore because of this, Is it possible that the bank will get things even appliances from the card holder or be in prison if she will not be able to pay for her credit card? Will they give consideration to my mom because she’s still on her treatments?

    Atty, I’ll be waiting for your response.
    Thank you and God bless!

  19. warrior says:

    Tina,

    Your mom is in such critical health condition that you have to focus on her health care. You are right in prioritizing payments for her treatments.

    First things first. There is no imprisonment for debt. Walang nakukulong dahil sa pagkakautang. That is what the Philippine constitution says. Remember your constitution subject in college?

    At this point in time, you are not talking to the bank anymore. You are already talking to an animal called “collector” from some cheap collection agency. Just ignore the phone calls and demand letters. They result to intimidation to force you to pay even if it will lead to your poverty or doing away with the necessary health care your mom urgently needs right now. That’s how stupid those idiot collectors can get. So, I repeat, ignore their phone calls and letters. Your mom will not be imprisoned for doing so.

    Tell your mom that her outstanding credit card balance has all been paid. She does not know it, but, all credit card holders are paying insurance premium that will serve to cover the payment just in case of default. The moment your mom defaulted, the bank filed a claim with the insurance and got paid for your mom’s outstanding balance. The payment of insurance is the substitute for a collateral and reason why your mom pay’s a hefty 2% monthly in interest plus other charges. They still collect from you because that is how greedy banks are.

    Don’t try to reason out with the idiot collector. They are notorious for their low IQ that they will surely fail to understand your situation. Those stupid collectors cannot even speak or write a descent simple sentence in English.

    Moreover, your mom did not commit credit card fraud just because she defaulted on her payments. The collector or the collection agency cannot get any of your properties. Don’t believe their lies and intimidation. Do not issue any post dated checks to those nincompoops.

    Here’s hoping that your mom gets well soon.

  20. ikay says:

    dear warrior,

    i am seeking your advise on this matter:
    like may of the people who wrote to you, i am being hounded by credit card collectors.
    at first i was able to make monthly payments, religiously, until my sister was hospitalized for two weeks & after that my mom was also hospitalized for more than a month, due to pneumonia & heart ailment.
    at first, they call or text me thru my cellphone stating that i should pay the amount they have set otherwise they will be filing the case, i was trying to make arrangements then, to pay in the amount that i can afford at a given time, but was told by the one who was supposedly handling my case at that time, that the amount was not enough, that i should try to come up with the amount they have set. i do not wish to add anymore to my debts, hence i am not able to come up with the amount. and since i was told that they would still file the case if i don’t pay the amount set by them, i did not to deposit the amount i have, instead opted to use it to buy medicines for my mom & sister.
    now, someone from “DOMINGO & MOLAER” law office came to our place & left a letter stating that they have made an occular inspection of “my place” & found that i am capable of paying my debt. the house & lot is not mine, and has been mortgaged. as of this time i do not have any real property of my own.
    I am not running away from my debts, just trying to gain momentum, so i can settle whatever obligations i have.

    your advise on this matter is very much appreciated.
    Thank you & God Bless!

    • warrior says:

      ikay,

      The Philippine constitution guarrantees that there will be no imprisonment for credit card debt. You do not become a criminal just because you failed to pay your credit card bills.

      The dumb collector is just trying to harass you, and if their threats succeed, you might be forced to pay. Huwag ka ng maki-usap sa mga bobong collector na iyon. If you have nothing to offer to them, ignore their calls, do not receive any letter from them and do not issue any post dated check to the collection agency.

      Do not even think of borrowing from friends so you can pay that stupid collection agency. That collection agency cannot do anything if you cannot pay or refuse to talk to them. Takutan lang iyan. Pag natakot ka, talo ka. Pag lumaban ka, panalo ka.

  21. yeeshia says:

    same situation here, that molaer and domingo law office is really (^&%&^^$%&&^)!@#!!!!!

    this website is very helpful…so i will take your advise atty.fred..honestly, i dont own the house where we live, my sis-in law owns everything..she has a golden heart allowing us to live with her family. so if the damn collector finally decide to come and visit where i live, they will shatter my reputation at home..hope they won’t do that…

  22. Hey, I attempted to email you involving this post but cannot seem to contact you. Please email me when get a moment. Thank You.

  23. Anvil says:

    Good day to all,

    Please be informed that credit card debt is a civil case, not a criminal case. They cannot order a hold departure and put a stain in your NBI clearance unless you have a criminal case. No one can be put in jail just for not paying your credit card, as long as you are willing to pay any amount if a court hearing implies. Don’t let those collection agencies harrass you and ruin your integrity. Try to settle your debts within your limits and capacity to pay, if they won’t aggree with you then avoid their calls and disregard their demand letters. They can’t do anything to you, aside from that lawyers do not call. All of them are just call center agents handling a specific account to be collected. They only mean business, they can’t understand debtors. By the way, blacklisted individuals will need to wait seven years before you can apply a loan or credit card again. But please remember, stay out of the trap again. I hope this helps!

  24. isa says:

    please help naman po kasi may nagtext sa akin na mag file na daw sila ng criminal case against sa akin regarding sa di ko nababayarang credit card ko for almost a year na po at sabi may 2 police men na pupunta sa amin to serve yung warrant of arrest violation daw po of article 315 of the revised penal code (estafa) at pinapatawag ako sa law firm para daw ihold/withdraw yung case natatakot po ako kasi nakikitira lang me sa parents ko at di ko na nabayaran yung credit card dahil naoperahan ako. ano po ang gagawin ko paano ko po malalaman kung totoong may naifile na case sa akin.

    thank you po…sana matulungan nyo po ako

    • warrior says:

      isa,

      Walang nakukulong dahil sa pagkaka-utang. Hindi ka kriminal dahil ikaw ay may utang sa credit card.

      Tinatakot ka lang ng isang collector na nagtatrabho sa collection agency. Huwag mong tawagan ang tarantadong collector na iyon. Huwag kang tumanggap ng kahit na anong sulat mula sa kanila.

      Kung totoo nga na pupunta sa bahay mo ang demonyong collector or pulis, huwag mo silang papasukin o kausapin. Maging matapang ka at palayasin mo.

      Sabihin mo sa kasambahay mo at ka-opisina na kung tumawag ang inutil na collector ay huwag ng kausapin at ibaba na lang ang telepono.

      Huwag ka din umutang sa mga kaibigan mo para lang may ipambayad ka sa bobong collector na iyon. Kalimutan mo na ang credit card. Talagang ganun ang buhay, kung wala kang pambayad, eh, di wala. Walang kulong ang utang sa credit card. Sa susunod, mag-ingat ka na lang sa mga pagastos mo.

      • maribeth says:

        good evening po, hihingi lang po sana ako ng payo, may na received po na letter dito sa bahay namin from ENZI Corporation, as usual po regarding po ito sa hindi ko pag bayad ng cc ko, last year po nakakabayad pa po ako til december (under collection agent po) tinawagan ko po sila nitong january para inform na di ko na po kaya mag bayad kasi nawalan na po ako ng work, sabi nila tawagan k na lang daw ang hsbc to inform them na yun nga po di na ko makakbayad….di ko po tinawagan last early this year po nabasa o po itong atty@work and nabasa ko po yung mga problem din regarding sa cc. ang nakalagay po dito sa letter “we may immediately, w/out notice and delay,ask the court to cause the COURT SHERIF to preliminary LEVY,ATTACH, or SEIZE your real/personla properties,as a legal consequence of theexpecteed favorable courts decision, which if becme final and executory, the said levy attachement, seizure and/or garnishment, may be permanent,not to mention the penalty

        • maribeth says:

          sir eto pa ang continuation….not to mention penalty of imprisonment from Six (6) to Twelve (12) years which may be imposed against you in the criminal aspect (R.A.8484-Fraud against creditor) without prejudice to violoatin of any other penal laws.”
          hingi po sana ako ng advice kung ano po ang dapat ko gawin…masyado na po ako na stress kakaisip po, i always ignore po lhat ng calls nila sa mobile ko. please enlighten me po…..

          • warrior says:

            maribeth,

            Binobola ka lang at tinatakot ng tarantadong collector sa collection agency. Walang nakukulong sa utang. Hindi sakop ng RA 8484 ang pagkaka-utang sa credit card. Hindi ka criminal dahil lang ikaw ay may credit card debt.

            Huwag kang mag-issue ng post-dated check. Huwag kang umutang sa kaibigan o kamag-anak para lang may ipambayad sa credit card. Palitan mo ang phone numbers mo.

            Walang mangyayari sa pakikipag-usap sa collection agency.

  25. nica says:

    sir gud day po,
    ask lang po ako ng advuce kc since aug laat year pa po ako wlang trabaho kya d ko n mkyang bayaran yung eastwest credit card ko ang alm ko po almost 30k lang yung utang ko tapos ngaun nagulat po ako nkarecive ako ng demand lettr need ko dw po byaran ng 80k e yun nga 30 di ko n kya 80 p po kya tpos nkasulat po dun n pwede dw po isama yung husband ko sa case n ififile nla sa akin, tsaka makukulong po b ako pag d ko yun nabayaran sa knla? sana po matulungan nyo ako maraming salamt po.

    • warrior says:

      Nica,

      Sa Pilipinas, walang nakukulong dahil lang sa utang. Binobola ka lang at tinatakot ng tarantadong collector sa collection agency.

      Magpalit ka ng phone number. Huwag mo silang kausapin. Kung sakaling puntahan ka sa bahay, huwag mo sila harapin.

      Huwag kang mag-issue ng post dated check. Huwag kang umutang sa kaibigan o kamag-anak para lang impambayad sa walang kuwentang credit card.

  26. jing says:

    gdpm po Atty.,ask lang po regarding dto sa credit card na verbal na npgusapan nmin last aug 2009 ng law firm “daw”..we agreed na 13,175 nlng yung bbyrn ko strting aug 2009 til Feb 2010..so 2k mthly po til jan 2010 n 1,175 nlng sa feb..idisregard ko dw yung statement of acct n pinapadala sa kin ng banko..no mthly interst na rin dw po yan sabi nya..i even asked abt kng pwede pdlhn ako ng letter na proof na ngbbyad..sabi nya certification daw after n mkbayad ako will be sent..ang ipingtataka ko po..after ilng mths ng pgtawg nya to remind me of my payment,,iba n nmn yung tmwg..all i did was to pay the amount til jan 29,2010..nagfully paid na ko pra kako d na ako twgn at kulitin..tpos all of a sudden me tmwg n nmn..ibang law firm at pinapabyarn sakin yung bal..accdgng sa law firm 15th plus..pero yung bank n tmtwag ay 12th plus..sabi ko i’ve already paid..nasan dw yung agreemnt or conforme,i have here my pyment slip..i told dem na d na ako mgbbyad..then they texted me telling me na “sa inyo na ho mismo nanggaling na ayaw nyo na magsettle sa banko, harapin niu na lng po yung legal team namin na ppnta sa bhy niu,sa inyo po ang pgkukulang,d sa bank.”..sabi ko nga ho matino akong tao kya ngbyad ako tpos yung taong kausap ko pla ay nag leave dw at yung 2nd na kumausap sakin ay nagresign nmn dw..wat shld i do w/ this harrasment?wat if me bglng dumating?me mga rights b cla na hal. sa warrant of arrest,,ano ang ggwin ko pg dmting yung time na yon .pls help me..tnx and God bless.

    • warrior says:

      jing,

      Ignore the harassment. Huwag ka na makipag usap sa collection agency. Hindi taga bangko ang kausap mo.

      Niloko ka lang ng tarantandong collector. Dahil ikaw ay nakabayad na, kasama din nila sa collection agency ang tumawag sa iyo. Kunwari naman taga bangko siya. Maraming gimik ang collection agency,

      Magpalit ka ng phone number, Itago mo ang mga resibo mo. Dapat kasi written ang agreement. Huwag ka mag-issue ng post dated check.

  27. Sonet says:

    Hi Atty Fred,

    i have same problems with others but i have debts with HSBC and Citibank and im just worried that by Immigrant Requirement to Canada my ruined all my plans going and leaving overseas.

    the problem is i’m a EX-HSBC employee? and i have STAFF CARDS with 200,000 debt and loans with them. and im receiving calls and letters from law office and my mother told me that meron pa daw pong nag puntang tao sa bahay namin and looking for me and dala ang letter ng lawyer. i’m worried about my NBI clearance and other requirements.

    can you help me with this? and on what to do? hindi po ba ako makakakuha ng NBI Clearance :( would appreciate your immediate answer

    Thank you.

    • warrior says:

      sonet,

      You are experiencing harassment from a good for nothing collection agency. You can still get an NBI clearance even if you have credit card debt.

      You do not become a criminal because of credit card debt. Under the Philippine constitution, there is no imprisonment for debt.

      Do not answer calls from the collection agency. Change your numbers. If you receive a letter from a “lawyer”, cross out your name on the front portion of the envelope and write in big letters, “RETURN TO SENDER”. Drop the letter in the post office mailbox.

      Tell your mom not to entertain or talk to people she does not know. She has the right not to receive the supposed letter from the “lawyer”. When the collector goes again to your house, just close the door or you can hit him with a dos-por-dos for trespassing.

      Those “lawyers” are actually fakes. Lawyers do not spend their time calling you or going to your house. Read one of their letters to you and you will see the very poor writing style and bad grammar. They are actually dumb.

      Do not issue post-dated checks to the collection agency. Since you are a former HSBC employee, why not try to come up with a suitable payment scheme with them. If your attempts fail, so be it. LIfe is like that.

  28. Sonet says:

    Hi Atty Fred,

    REALLY? such a huge relief! i’m so worried about it. honestly i wanted to settle all my debts but for now i really dont have the means on doing so… :( My mom is also worried baka daw kasi hindi ako makakuha ng NBI clearance. lahat po ng letters nasa bahay ng mom ko and hindi po nila nabalik. okay lang po ba yun?

    …i just wanted to get my NBI Clearance for Canada i hope everything will me alright soon.

    i tried to talk to my previous company but they want me to pay the full amount already! :( sad to say i really cant provide that amount of money. Hay atty. i just want to have a peaceful mind. i know nasa blacklist na ako. makakaalis pa po ba ako? and get all the requirements i need?

    Super thank you Atty. Fred

  29. mark says:

    hi there atty. someone is accusing me of fraud of withdrawing a cash advance in his cc. they said it was caught in a cctv, but i’ve been in the atm lots of times. because i work in the building. now, the company filed a case against me. they showed the video with the date and time (but i think it can be changed) they don’t have proof that i use other peoples cc to withdraw money because it can’t be seen in the vid. they only say there’s a paper trail on that time that it was me. is that a strong evidence?! i am innocent!

    i would also like to ask how long is the punishment for this if found guilty?
    is this case probation-able?

    ty

  30. mark says:

    are you on vacation atty?

  31. Ditas Jocson says:

    hello there Atty Fred,

    I came across your site while I was researching about RA 8484 which I have been seeing on the demand letters the collecting agencies are sending me.
    If you have watched the movie “Confessions of a Shopaholic” well I am a living proof that things like that happens in real life. I am in a financial mess. And I mean a really huge financial mess. I am in debt up to my eyeballs with no exaggeration. Over the pass two years I have been receiving letters from credit card companies collecting my debt. I am indebted to Metrobank, Allied Bank, Citibank, HSBC and now Standard Chartered. I think total debts in all five credit cards is now close to Php300,000. And my jewelries are also pawned for Php60,000. For reasons that I am uncertain, I cannot stop my urge to shop. This really is a disease.
    I am sitting now in my room and in tears thinking how am be able to get out of this mess. I have a spare income of Php4000 every month assuming no emergencies will happen which I can use to pay the debts. I am planning to settle first my jewelries for this has a sentimental value to me already. With 4% interest every month, my calculations is, it will take around until February of 2011 before I have fully paid the mortgage amount.
    I plan to set things straight and try to cure my self from being a “shopaholic”. Well, I’m not gonna try, I have to do this whether I like it or not. Things have got to change. Now I can truly say “nagising na ko”.
    Atty. Fred, my problem now is, or what I am most worried about is the collecting agencies that are after me. What are the worst thing that they can do to me and my family? I kinda have a good laugh about that “dos-por-dos” thing you said. Kung may aso lang ako, ipapahabol ko na lang sile, hehe.
    I don’t plan to runaway from my debts, its just that I wanted to settle this one by one. As I’ve said, my priority are my jewelries. Then I will settle the credit cards one by one. My Standard Chartered card is just new. I am a member there for only 8 months and I am 2 months behind the payment already. With this case Atty Fred, would I be guilty of RA 8484? How about the other cards? Is it true that I may be criminally liable and that they can go after my husband as well?
    How about the case of jing, wherein she already paid but someone is still after her? I have a similar offer of deferral payment but I ignore it for the moment. I got confused all of a sudden with the offers of this collecting agencies.
    Atty Fred, I really need an advice coming from an expert like you. I really am confused.
    Nice blog by the way. This is very helpful.

    Hope to hear from you soon. Thank you.

    ditas

  32. warrior says:

    Ditas,

    Fist things first. Walang nakukulong sa utang.

    Second, RA 8484 do not include credit card debts as an offense punishable under its provisions.

    Third, ignore the demand letters from the collection agencies. Their style is to threaten you with criminal suit. They will call your number, shout at you and force you to pay. You can safely ignore/do not answer those calls and demand letters. Remember, WALANG NAKUKULONG SA UTANG! If you ignore those stupid employees of the collection agency, there is nothing they can do. Change your phone numbers.

    Fourth, your credit card was insured. By the time you defaulted on your payments, the credit card company simply filed a claim with their insurer. Truth to tell, paid na lahat lahat ang utang mo sa credit card. Naka insure kasi ang mga cards pero hindi pinaalam sa iyo ng credit card company. Whatever amount the credit card company will collect from you will just go to their pockets. That is how greedy they can get.

    Fifth, do not talk to any credit card employee even if they go to your house. You can call the police and report that idiot for attempted robbery and extortion.

    Sixth, do not issue post dated checks. Do not borrow from friends just to pay that good for nothing collection agency.

    Finally, stop justifying to anybody why you incurred such a huge debt to various credit card companies. Kung wala kang pambayad, so be it. Talagang ganyan ang buhay. Go on with your life. Spend whatever money you have for the needs of your children. As the last line of the poem “Desiderata” says: “Be careful. Strive to be happy”.

  33. I was looking for arrest check related info this was helpful

  34. mark says:

    atty, why not reply to me?

  35. Louie says:

    Hi atty, I was just wndering if I can still get an NBI clearance even if I committed a fraud crime on the internet using ebay. I was just wndering if I can still get an NBI clearnce with this. That fraud crime I made was 3 years ago. If I can’t get an NBI clearance, what can possibly happen? Will the NBI people sue or arrest me? Pls reply. Or leave a message on my email. thanks :D

  36. Ditas Jocson says:

    hello warrior, (are you Atty. Fred?)

    thank you for the advices. I have a sigh of relief when I read your post. Thank you so much!

  37. jologs1982 says:

    hi atty fred,
    your site is very informative to delinquent cc holder like me.
    i’ve been receiving harassment calls and visits from the
    collection agency that hsbc sold my account with. I have no choice but to say that I no longer live in the house that they are calling. It’s true, i moved across another house but within the compound as well. Technically, same address but another house. The landline # that they are calling is not mine but my mother’s. I’ve already contacted hsbc to have a payment arrangement so i could settle my debts, but these crooks still haunts me. Am i liable to hsbc for ra8484 because i declared I no longer resides to the address? But Im still here, just another house

    • warrior says:

      jologs,

      You are not liable under RA 8484 just because you have a credit card debt. The law does not apply to you. The collection agency is threatening you with a useless law that do not punish credit card debt. WALANG NAKUKULONG SA UTANG. That’s it!

      Your credit card debt has already been paid in full because your card is insured and you are paying insurance premium but you don’t know it. When your account became past due, hsbc simply filed a claim with the insurance company. And presto!, they got their payment.

      hsbc also earned another sum of money when they sold your account to Molaer or some other stupid collection agency. Truth to tell, Molaer and Domingo are scammers. They buy closed accounts from banks and try to collect from you by threatening you. Most likely, you will pay, pag natakot ka. Whatever they collect from you over and above the purchase price is their profit. “Debt collection” is a thriving business, but, be careful, it is a scam kasi nga bayad ka na.

      Nothing bad will happen to you. Go ahead, try to transfer to Davao.

      Forget that damned credit card. Go on with your life.

  38. Ditas Jocson says:

    hey jologs1982,

    I also have a debt with hsbc. Like what kind of visits are they doing? That is what I am scared of. I am afraid that they might humiliate me. Like you, I live in a compound so I worry that they may do something nasty and my neighbors will know about my debt.

    So far, I am just receiving demand letters. No visits yet. Hopefully they will not come to visit. Oh gosh,..

    • warrior says:

      Ditas,

      In your house, you are the king. That is how the liberty of abode protects you. That is constitutionaly protected right.

      Which means that you decide whom to see or who will enter your house. Why be afraid that you will be humiliated by that collector idiot?

      When he is there, you can shout at him/her. Call out your neighbors and shout “magnanakaw”. Throw stones at that stupid collector, all the while shouting “magnanakaw”. Tignan mo, pag di kumaripas ng takbo ang gong-gong na iyon.

      When a collector came to my friend’s house, my friend pulled out his baseball bat. My friend chased that stupid collector. Duwag pala. Huwag kang matakot, Ditas. Walang karapatan ang collector to even go to your house.

      Forget your credit card debt. It has already been paid by the insurance company. The collection of debt by Molaer and Domingo and a host of other collection agencies is just a big scam.

  39. erine says:

    hi atty fred! tanong ko lang po kasi po meron akong kamag anak na may kaso sa meralco prang nahuli ata cyang nakajumper sa livewire something like that, masyado po mahaba i’ll try to make this short po. tinangalan po cla ng metro before pero ngayon meron na silang bagong meter at nakakabit din yun sa bahay na dating inalisan ng metro, ang tanong ko po, ung bahay at metro po na dating kinuha ng meralco ay nakapangalan sa taong patay na,at at ngyon nga daw po ung bahay at ung metro ay s aiba na nakapangalan, my liability pa po ba ung nakatira sa bahay na un? kahit na hindi naman po sa kanila nakapangalan un?

    sana po masagot ninyo ang tanong ko and thank you.

  40. leiyleiy says:

    hi po.

    I have the same issue po with them. But in my case. I’m still a student. Pero i tried my very best to pay my balance every month in time. Pero po ang laki po talaga ng interest nila. ung metrobank po. tapos ngaun po may tumawag skin na bakla na from summit collection daw. sinasabihan nya ako kanina na mgpay daw ako ng half of my outstanding balance before april 25 kng hndi po daw idedemanda po daw nila ako. Tapos malalaman po ng school ko ung nangyayari. akala ko private situation po ito. d ba? tapos sabi pa nya na mkukulong daw ako. at kanina tinanong kng mgkano pera ko sabi ko 5thousand lng sabi nya kng kaya ko daw ba maghanap ng 10thousand para 15k ung mabayad ko before sabi ko tomorrow lng ako mgbayad. tama ba ito? help me po. i really need your advice. mgwork na nga po ako e.

  41. HELLO ATTY, I JUST RECEIVED A DEMAND LETTER FROM DOMINGO AND MOLAER. ANG MASAKLAP PA ANG HUSBAND KO ANG NAG RECEIVED NITO, DAHIL NASA WORK PO AKO. I ADMIT HINDI NA PO AKO NAKABAYAD NG CITIBANK KO MULA JULY 2009 UNTIL NOW BEC OF FINANCIAL STRESS. NGAYON PO NAKASAAD SA SULAT NA NEED KO BAYARAN YONG AMT WITH INTEREST AND PENALTIES WITH IN 5 DAYS. NAGAGALIT PO HUSBAND KO DAHIL PATI SYA NADADAMAY..MADEDEMANDA DIN PO.. IM SO WORRIED ATTY..WALANG WALA PO ME PAMBAYAD SA NGAYON..PERO IM RELIEVED A LITTLE BIT NANG MABASA KO PO MGA ADVISE NU DITO..PLS ATTY ANO PO GAGAWIN KO? THANKS PO GOD BLESS!

    • warrior says:

      HEIDI MANGONON,

      Domingo and Molaer is a scam collection agency. Mga scammers sila. Tandaan mo, WALANG NAKUKULONG SA UTANG. SINUNGALING si dominGO at molaer, Niloloko ka lang ng inutil na collector na kausap mo.

      Samakatuwid, huwag mo na silang kausapin. Ibasura mo ang mga sulat na pinadala sa iyo ng mga ulol na sina domingo at molaer. Huwag ka na din makipag-usap sa kanila. Bagsakan mo ng
      telepono.

      Sa totoo lang, binibili ni domingo at molaer ang mga closed accounts ng credit card. Siyempre, dahil gusto kumita ng bangko, binibenta ang mga closed accounts kaysa wala silang kitain. Scam lang ang collection agency na kausap mo.

      Titigil din tumawag sa iyo ang gagong collector kung hindi sila makaka-collect sa iyo. Keep whatever money you have for your children. Di niyo kailangan pag-awayan mag-asawa ang buwisit na credit card. Common, kiss and make-up…

  42. rosalie reyes says:

    dear atty,
    good day po.ask ko lang po pede po b ipublish un name ko for estafa case na wala ako natatanggap kahit ano notice? me nagtext po kc s akin form publishing company daw po ipublish daw ako nun tinawagan ko un publishing company pinatawag nya ko another number branch 10 nman daw po un tpos secretary ng fiscal nman kausap ko kung masettle ko daw po un 30k the next day d nila ituloy pg publish or kung makabigay ako ng 5k. wala nga po ako tlga eh. collecting agency po kaya yun or dapat po b me mareceive ako from RTC before nila ako ipublish? maraming slamat po
    scared mom

    • warrior says:

      rosalie reyes/scared mom,

      Court personnel, like the fiscal, will not call you if ever you have a case filed against you. Stop talking to those people as it may be a scam to get money from you. The modus operandi is like “budol-budol”.

      If true, wait for a letter from the fiscals office. By the way, the fiscal do not have a secretary.

  43. I have to say, I absolutely love your blog. Could let me know how I could subscribing with it? By the way I found your blog through Bing

  44. HANNA says:

    hI i read all the comments here & i am relive because i have the same problem with the others, i would like to ask, kbd mag rerenew ba ako nang NBI clearance ko, hindi po mag aappear ung regarding po sa credit card balance ko? Pls. advice naman po. Thanks!

    • warrior says:

      HANNA,

      hindi ka criminal. walang lalabas na derogatory information sa iyo sa NBI clearance mo.

  45. grace says:

    i also received a demend letter from DOMINGO & MOLAER LAW OFFICES which they specified: AIG has engaged our legal services relative to the banks intention to finally file the necessary civil complaint/s for collection of sum of money under “small claims cases” against you and your spouse, if any, before the trial courts of mandaluyong city, where the principal office or place of business of AIG is located, on your unpaid AIG credit card account in the total amount P28,266.27 as of april 16,2010.” (w/c as i remember i only used less than 5-6 thou and that was way back 2003 unsettled)
    it also specified on the letter; “your spouse, if any, shall be included as party-defendant under sec 4, rule 3 of the new rules of court. nevertheless, in the spirit of justice and fairness, we have decided to formally give you a non-extendible period of five(5) days from receipt of this demand, to pay and/or settle in full your said account. otherwise, we would be constrained to civilly charge you and yourr spouse, if any, with the said collection use under the said rule on “small claims cases”, which rule entails only one(1) hearing,and any court’s decision shall become immediately final and non appeallable, in order to recover legal costs, damages and other incidental legal expenses, without further notice.”
    so atty. what can you say about this letter??

    • warrior says:

      grace,

      Domingo and Molaer is not a law firm. It is just one of collection agencies. Scam lang sila. Sa totoo lang, collector ng collection agency ang kausap mo. Tinatakot ka lang para mapilitan ka magbayad.

      Ang mga collection agency (like enzi, molaer and domingo, and a host of others who have no jobs kaya nag-business ng collection agency.) dito sa Pinas ay mga “debt buyers”. Ibig sabihin binibili nila ang mga old and closed credit card accounts from “shit-y”bank, standard chartered at hsbc. Kaya ang account mo na nun pa 2003 ay biglang nabuhay at binulaga ka.

      Malaki ang discount ng collection agency. For example, kung ang credit card debt mo ay P40,000, binibili ang account mo ng P10,000 lang. Samakatuwid, kung masingil sa iyo ng tarantadong collector ang P40,000, di ba, kumita sila ng husto? Tubong nilugaw! Kaya ka nila tinatakot. Kunwari law firm sila. Sinungaling ang mga inutil na collector dun kasi magpapanggap sila na “abogado”. Tatakutin ka din ng civil case.

      I can tell you straight in the face. They will not file a civil case against you. They stand to spend more for attorney’s fees and court docket fees but they are not sure if they can collect any amount from you. For one thing, wala silang magagawa kung hindi ka umatend the hearings.

      So what will you do now? Stop talking to the idiots of the collection agency. Change your phone numbers. Throw the collection letters sent to you to the nearest waste basket. Do not issue post-dated checks to anyone. Do not believe the gimmick that the collector will go to your house.

      Go on with your life. Save whatever money you have for your children. Watch your expenses.

      The name of the game is TAKUTAN. Kung matakot ka, talo ka. Kung LUMABAN ka, PANALO KA! It’s up to you.

  46. lenny says:

    Hi Atty.,

    I also had the same problem with unpaid CC because my husband had been in and out of a job we are force to use my credit card to purchase our basic neccessities, but in my case an envelope had been sent to the company I’m currently working with, containing documents which I think had been filed in court already, because the said documents had been stamped and received by a metropolitan court clerk and already have a case number. The letter said that I should reply in 15 days upon the receipt of the said documents. Please advise us on what step should we take, as of the moment we are not capable of paying the amount, the principal amount is less than Php 100,000.00 but they are now demanding us to pay to Php 240,000.00. I read that in previous comment that we are not criminally liable, but theres a possibility that court will force us to sell our property to satisfy the amount demanded, we dont even have a property of our own, we are only renting a room. Please advise us. Thank you very much.

    • warrior says:

      lenny,

      The documents you received were all manufactured by the collection agency. The idiot collection agency would like to make it appear that a case has been filed already. It’s one form of threatening you so you could be forced to pay.

      Ignore that letter. Throw it or, better, burn it right now. Next time, do not receive letters from anybody unless you know the sender.

      You will not be imprisoned for incurring credit card debt. The same thing happened to my office mate. Well, he is safe and sound after following the same advice I gave you.

  47. ms angel says:

    hello warrior…im still upset right now..dahil nga nakareceive na ako ng letter of demand..from a person na taga law office daw po..settle ko na daw ung amt dahil kung hndi ay makakasuhan po ako.pati husband ko..im afraid of this. bka the following week pupunta na naman sila sa amin…im so ashamed..bka malaman pa ng mga neighborhood namin..bka maiskandalo kami doon dahil sa ngpupunta na nka motor..im thinking na baka sa susunod may summon na ako ..what will i do about this? how do u know na scam pala ang domingo& molaer?na hindi talaga sila law office?kung ganun nga di illegal din ang ginagawa nilang paniningil? base po sa mga nabasa ko sa blogs dito..pls give me advise!thanks God bless!

  48. mitch says:

    Hello po…

    I received a text today saying: “We formally need your presence at the Makati Fiscal’s Office to attend your preliminary hearing against Civil Case no. 1739-10 in relation to violation of RA. 8484 (access device law) of the Revised Penal code. The hearing schedule is on May 4, 2010 9 am. Be acknowledge that the subpoena will be served by sheriff castro and SPO2 Hidalgo. Coordinate immediately with Atty. mendoza 741-6617 – The Clerk of Court”

    Is this real? Can the provisions of a penal code be used for a civil case? If the hearing is on May 4, di po ba dapat medyo matagal na ko nakareceive ng subpoena? And it should be a registered mail or talagang is it delivered by such persons as mentioned above?

    Please advise po. Thanks!

    • warrior says:

      mitch,

      Walang nakukulong sa utang. Hindi applicable sa credit card debt and RA 8484. Ang nag-text sa iyo ay isang ulol na collector lamang. Hindi gumagamit ng text message ang court para inform ka na may hearing.

      Ignore that text. Hindi ka criminal dahil ikaw ay may credit card debt. Walang nakukulong sa utang. Huwag kang pumunta dun sa May 4. Why not go to Boracay instead?

      • mitch says:

        Thank you.

        How about if I gave them a promisory note but was not able to pay it on the date specified in the note? What would happen?

    • ms angel says:

      HELLO..WHAT HAPPEN TO THE HEARING KUNNO? IS THAT REAL?

  49. mark says:

    Hi Atty.,

    My scenario is the same with Lenny the principal amount is less than 100,000.00 also, but I think the document received by our office receptionist is authentic. Its a brown envelope w/ a small white paper labeled “Metropolitan Trial Court”, and inside the envelope are :
    1. Summons-ordinary procedure for civil case# 100440 sum of money- but the funny thing here, it had been mentioned in the document “witness my hand under the seal of court this this 26th day of April 2010, signed by Eljun D. Rico – Clerk of Court, but I dont see any dry seal or stamp that indicates its from any court.
    2. Complaint from BPI(plaintiff) w/ civil case #100440 for sum of money.
    3. Prayer- indicating the 200,000.00 amt plus 25% atty.’s fee plus cost of suit. from Saulog & De leon Law Offices by Maureen T. de Guzman-San Gabriel PTR No. 2088264/1.05.2010, IBP No. 810994/1.11.2010/Makati, MCLE No. II-0005375/Roll No. 48200.
    4. Certification of BPI Collection manager- notarize
    5. Corporate Sec. Cert.-notarize
    6. Photocopy of BPI Credit Card disclosure agreement & credit card statement of accounts labeled as Annex A & Annex B respectively
    7. Collection Letter from Saulog & De leon Law Offices labeled as Annex C.

    They are also requiring us to answer the complaint w/in 15 days of receipt of the said document.

    Please attorney advice us if this documents are authentic and what steps do we need to take.

    • warrior says:

      mark,

      If this summons is solely for your credit card debt, you can safely ignore this, even if true. I suspect it is just a gimmick of the idiots of the collection agency.

      You can verify with the court at the address given if there is such a case. If true, I suggest you do not attend so that the court will not obtain jurisdiction over your person.

  50. mark says:

    Additional, all the notarize document had original signature by the notary public but there are no dry seal or stamp, and corp. sec. cert is certified thru copy but siganature is photocopied only. isn’t that falsification of public documents or I just merely have a photocopy of the documents, should I have dry sealed/stamped original duplicate of the documents? Also is there a way to check using the civil case number if the complaint had been really filed in court. Thank you very much!

    • warrior says:

      mark,

      You could with the court if there is indeed a case filed against you. If true, you have the option to attend or to ignore the summons. You will not be imprisoned for doing so. Nothing bad will happen to you.

      If the case is true and you decide to attend, the court will obtain jurisdication over your person. And if later on, you decided to skip the hearings, the court will decide the case in favor of the idiots of the collection agency and that decision will be binding on you. Further, you will need the services of an attorney if you decide to attend the hearings. Do you have enough money to pay an attorney?

  51. mark says:

    Hi Atty.

    As of the moment we have no means to hire a service of a lawyer, because of our current financial sitaution, its actually the source of the whole problem, I lost my job, but needed to provide basic neccessities for my family, specially for my kids, thats why I continue using my cc despite the fact that I have no means to pay it afterwards. As of the moment I’ll just ignore the summon and see what’ll happen next. Thank you very much Atty. for your help, It somehow lessen our worries.

  52. Ditas Jocson says:

    hello Mark,

    Can you post updates regarding your case. I mean, if the summon is even real. You see, I am indebted to a number of credit card companies but to the advise of warrior, I am just ignoring the demand letters. In the event that I receive a summon, I want to know what to do next. Thanks for sharing your story.

    Thank you again warrior for giving us advises. I have a piece of mind the moment I read your post. Thank you so much.

    • maribeth says:

      hello mark, yes please update us regarding your case, i have the same problem with you; i am ignoring the demand letters every time i received it. thank you..

      • dennis dominguez says:

        i recieved also so many demand letters sa work ko and sa house sobra dami nagsawa na siguro sila sa pananakot hanggang ngayon 1 year na ito pa rin ako nawala na sila nagsawa na siguro

  53. Grace says:

    I am a victim of credit card theft. My wallet was stolen with 4 credit cards in it. All cards were used by impostors, presumably by those who stole my card. Several transactions went through before I received a call from one of the cards to verify if I was the one using the card due to huge amounts. It was only that time that I discovered my wallet missing and the thief was on a shopping spree. Funny thing is the credit card company who called me to verify a transaction called after the card has been used already! The amounts piled up in less than 2 hours of my wallet being lost. Of course, I called each of the banks to block the card, however it was already too late as they have already been used. I have no intention of paying for these purchases as they were not mine. What initial steps can I take?

    • LIto says:

      Grace,

      Write the credit card companies and inform them that you will not recognize any purchase effective as of the time of the loss of your cards. However, tell them that you will pay all purchases made before your card was stolen. Report the matter to the police for the incident to be entered in the blotter.

    • Maan says:

      This happened to me also in 2009. Until now, Citibank is still demanding payment from me and I inform them through letters that I refuse to pay for the fraud transactions.

      However, the regular phone calls from the collection agencies and repeating my story every month and replying to demand letters are all becoming too tiresome and stressful.

      Please advise if your credit card issuer has already reversed the charges. Thanks.

  54. pinky melendrez says:

    hello po!

    i have received a demand letter faxed to the office from Hly Credit Risk Management, Inc.(formerly Yosores Law Firm with DTI Reg. No. CN 200619446) asking me to pay my past due from Bankard and the following texts were posted to my wall on my facebook account:

    “It is unfortunate that until now NO PAYMENT MADE under your account with BANCARD despite of the banks repeated demands for payment. were not asking you to pay the whole balance, just partial payment to pull out your account from BLACKLISTING list of BAP & CMAP for VIOLATION OF R.A 8484 CREDIT RUNAWAY.IF your still willing to pay, you have only 2 days to do it.PLS COMFIRM YOUR PAYMENT, THANK YOU.”

    When i read it on my facebook account, I was bothered the whole day. If they can freely post that thing to my account, what can they do next? Can they have the right to destroy my image? Is it not a violation of BSP 454? Can i file a complaint against them? Where should i file as the case may be?

    Aside from that, i had been harassed by several collecting agents for non payment of credit cards. I have 10 credit cards and as of now, 6 were on past due accounts that’s why several nasty guys had been calling me, texting and sending demand letters.

    What should I do? My earnings as of now is just enough for my family’s needs. I admit it was my fault having been in a big amount of debts. My credit card payables as of today would total to more or less P700,000.00. Will i be sued for that?

    I have come across some laws stating that if the debts are more than 10,000 it can be filed to small courts. Am i a candidate for that?

    What if I don’t pay? As i’ve read in your aboved answers, insurance companies pay those delinquent accounts. Is it okey if I don’t pay?

    The truth is i don’t have the intention of not paying them but as of now, no matter how i stretch my finances i still couldnt afford to pay them. I am still maintaing 4 other credit cards where i charged some of my family’s needs.

    I tried negotiating with the banks but the payment scheme that they offered me are quite impossible for me to pay. Security Bank laid out a payment scheme for me which i could really not afford and they even want me to sign a contract. So i just ignored them and my account had been in past due for 2 months now.

    Please help me. Please do not publish my letter. Attorney, please send your response to my email add.

    thank you so much and God bless!

    • warrior says:

      pinky,

      First things first. There is no imprisonment for debt. The Philippine constitution protects you.

      Ignore the letters, calls and comments on your Facebook account. They are harassment tactics of collection agencies. The employees of collection agencies will call you and if you talk to those stupid people, mumurahin ka pa nila. Those morons did not even reach college. They have no decent jobs. That is why, they try to make do as collectors who earn small commissions if they ever get to collect something.

      Actually, your credit card debt was already paid by insurance. You do not know it, but you are paying insurance premium whenever you pay your credit card.

      Do not believe those nincompoop employees of the collection agency. They will not file a collection case against you. You will not become a criminal just because you have a credit card debt.

      Fight back. Shout at them when they call. Return the letters that you receive or throw those letters to the waste basket. Change your numbers.

      It’s all up to you. Stop justifying why you incurred credit card debt. If you cannot pay now for one reason or another, then, that’s it. Let it be. No harm done.

      The name of the game is TAKUTAN. Kung matakot ka, talo ka. kung lumaban ka, PANALO ka!

  55. pinky melendrez says:

    ay naku naka post na po. but nevertheless, please if you can communicate with me through my email add. I would appreciate it. thank you.

  56. veronika says:

    Hi!
    I’ve been reading the blogs discreetly.. I also have a problem related to it. I hope you can help me as well.. Nag-avail kse ko ng postpaid line sa 1 cellphone company na auto-debited sa CC ko. then ung CC ko is cut na so ung payment for the phone was also cut na din and i have not been using it for a year and a half nman na ang unpaid balance ko as far as i remember is nsa 4K lng. then may letter na dumating sakin from CA requiring me to pay 21K or they will file charges against me ander RA8484..macconsider ba na defrauding yung nngyari sa case ko? please help me… Thank you and God bless

    • Lito Atienza says:

      veronika,

      hindi ka covered sa RA 8484. pambobola lang iyon ng collection agency. walang nakukulong sa credit card debt.

  57. maribeth says:

    hi po….just want to know lang po kung ma te trace po ba nila kung may work na po ang isang may utang sa cc? may work na po kasi ako but my salary can’t afford pa po to settle my utang on credit card….

    more power po!

  58. maribeth says:

    hi po….just want to know lang po kung ma te trace po ba nila kung may work na po ang isang may utang sa cc? may work na po kasi ako but my salary can’t afford pa po to settle my utang on credit card….

    more power po!

    maribeth

    • maribeth says:

      hi po, please need po ng reply kung ma te trace po ba nila kung may work na po ang isang may utang sa cc?….

  59. mely says:

    hello po! good evening, ask ko lang po if d po ako makapag bayad ng utang sa credit card, and i have a property like a LOT or just simply house and lot, makukuha ba nila yon sa akin? thanks po :)

  60. maribeth says:

    gud evening po; i just found and read “memorandum circular no. 04 series of 2010″ this is from PAO office, regarding po ito sa credit card holder delinquent. kung ma-o-open nyo po and mababasa, patulong naman po to explain ano ang ibig sabihin.

    thank you po and more power!

  61. tattee says:

    Hi,

    I am a victim of credit card fraud. The credit card company called and told me to block my credit card since it was suspicious of fraud transactions. I called them up again, had it blocked and went over the list of transactions that I did not do. When the billing statement came, the fraud transactions were included. Am I obliged to pay for the fraud transactions? What do I do? Please help

  62. prettywoman says:

    dear atty.,

    i noticed that those who wrote you for advice have cc debts lower than 100k. with my case, i have two cc with citibank with debts amounting to more than 200k, two cc with hsbc with debts amounting to more than 200k also and bdo cc. iba pa po ba ang magiging kaso ko if my debt is over 200k? will the credit card companies bother to sue me because of that amount? kapag di po ba ako umattend ng hearing just in case idemanda nila ako e hindi ako papupuntahan sa bahay para ipa aresto at piliting umattend? atty. meron din po akong sakit na di puedeng ma stress out kaya po hirap na hirap ako trying to psychologise myself to relax and stay calm. my husband lost his job last 2008 and until now wala pa rin pong makuhang employment. my son takes care of our financial needs right now. pls. help us po.

  63. jenny says:

    hello po atty
    2yrs na po aq ngbabayad ng credit cards ko since 2008 until this year starting march 2010 di n po ako nkapgbayad because of the financial problems at nawalan po ako ng work.4 lahat cc ko with total limit all amounting to 78k pero lahat po ng cc ko hindi ko po naubos gamit.For 2 yrs cge ako bayad di po ako ma full paid kasi over min.amt lng po ung binabayaran. Currently, I recieved letter from law firm my case na dw ako w/union bnk which i have only 10k na credit limit at nagiging 43k na i started to stop payment with this cc only at 6k balance.Please help me po msyado na po akong affected and stress if ano ung gawin ko.Godbless po

  64. jing says:

    hello po
    ano po ang dapat kong gawin about my latest experience on collectors. The first caller that I’ve encountered identified himself as Atty. Pedro leslie Salva of ENZI Corp. he scolded me nang tumawag kasi dapat daw kung ano yong date na sinabi nila na magbayad ako, yon ang tutuparin ko but I failed kasi nga, naghanap pa po ako ng pambayad then 3 weeks later tinawagan na naman ako at nagpakilalang Atty. Salva daw siya, he insulted me na naman but ang pinagtataka ko.. Ang unang tumawag boses matanda tapos ang ikalawang tumawag boses bata.. When I told him na binastos ako at pinagalitan ng unang tumawag, sabi nya sino daw at subject for disciplinary action daw ang tao na yon.. nang sinagot ko na Atty. Salva daw, biglang nagbago ang tuno niya sabay sabi na kailangan daw isettle ko ang dapat kong bayaran at binaba na ang phone. Are these bunch of call center agents? after what had happened, I already have doubts if this claiming to be lawyers are real or not.

    • igig says:

      hi good afternnon ask ko lang , ano na nangyari sa cc mo with atty salva kc ganoon din prob ko sa enzi…they gave me notice to legal action the other day..hirap kc buhay ngayon kaya di makabyad ….pls help me some advise..thanks

      • dennis dominguez says:

        ako rin sobra dami notice hindi ko na binubuksan tapon sa basura agad,tawag nila dedma ko din kaya nagsawa na sila hanggang ngayon 1 year na wala na sila nagsawa na sa kadededma ko,puro pananakot ginawa nila,magtext sila delete ko agad so mahimbing tulog ko na lagi.Hindi naman natin gusto magkautang ng ganito nagkakataon talaga sa buhay na may pinagdadaanan tayo gusto man natin na magbayad sadyang may nga dapat tayong unahin ang kailangan ng pamilya natin,kung ok sana sila kausap at hindi bastos sana ok na lahat pero sa ginagawa nila dapat lang na maging maayos sila sa pakikipagusap para sa ganon maging maayos ang lahat….thnx sa inyo sir

  65. Lito Atienza says:

    jing,

    fake lawyers ang mga kausap mo. hindi tumatawag ang lawyer sa mga taong may utang. bawal sa code of ethics ng lawyers. mga collector lang ng collection agency ang kausap mo. wag mo silang intindihin. mga patay gutom silang empleyado. ang suweldo nila ay commission KUNG maka-collect sila sa iyo.

  66. WORRIED GIRL says:

    I am a holder of several cc’s and all are now delinquent. I have a citibank cc since 1991 but just like the other card holders, nagkaron ako ng problem, until last 2008 I requested for a restructure & was approved w/ monthly payment of 4k w/c I was able to pay regularly until early 2009. On Sept.2009 I was not able to continue paying so several CA’s made follow ups. I requested again for restructure and was approved for 2k/month starting this Sept. 2010. Just like my other cards, I keep on paying monthly. Until I read this blog and relieved my worries.

    Do I have to ignore those annoying callers, making harassment, threatening to sue me, visit my place of work, my home but never did? Due to my present financial distress, I could no longer bear the burden.

    Please enlighten me and thank you.

    Worried Girl

  67. yet robel says:

    hello po atty.,

    i came across to your site as i wanted to read about RA 8484, as i have the same problem about cc..i received a demand letter from Domingo & Molaer law office..as i read from your reply here they are not real lawyers…may tanong lang po ako totoo bang nagpupunta sila sa office para kausapin ako? ayoko ko po mangyari kc ayoko maiskandalo sa office nakakahiya sa mga boss ko at ka officemate…pls advice me,..thank you and i hope madami pa kyo matulungan sa mga payo nyo..

    stress lady

  68. lito atienza says:

    yet robel,

    Hindi applicable ang RA 8484 sa utang sa credit card. Ayon sa Philippine constituion, walang nakukulong dahil lang sa utang sa credit card. Binobola ka lang nina Domingo at Molaer. Sa totoo lang, mga empleyado lang ng collection agency ang kausap mo.

    Para takutin ka, pumupunta ang mga hayup na collector sa opisina para ipahiya ka. Lumaban ka! Sila ang pahiyain mo. Palayasin mo sila. Meron ka karapatan sabihin kung sino ang kakausapin mo at kung sino ang hindi mo gusto kausapin. Sabihin mo sa sekyu na huwag papasukin ang mga kumag na collector.

  69. bubblemum says:

    Good day….

    I just received a letter (computer generated) from citibank. I actually haven’t paid them for a year now. The letter said that I will be demanded for violation of RA 8484. I searched and studied what is RA 8484. I don’t totally understand the provisions and consequences. I’m really confused. I can’t really pay my outstanding obligations with my credit card companies as of the moment. I don’t know if I should call them. I do not know what to say because I feel that if I would talk to them they would only ask me to pay (of course) but I am afraid that I cannot pay and it will only be at their advantage if I called them up. Also, in the letter they mentioned that they will really pursue a court case against me. I wonder if I really violated the RA 8484, if in fact I was paying them religiously before I got into financial crisis?What shall I do now?Thanks and more power….

    • warrior says:

      bubblemum,

      You did not violate RA 8484. The computer generated letter you received did not come from Citibank. The letter was sent by a collection agency.

      Your account was considered delinquent when you failed to pay for three months. Even with a year of non-payment, there is no need to worry.

      By this time, Citibank had already filed a claim with the insurance company. This means that as of today, all of your credit card balance has already been paid in full by insurance.

      You see, you are actually paying for insurance premium every time you paid, but, you do not know it.

      My advice is for you to ignore the letter. It came from the nincompoop employee of a collection agency. These agencies are particularly active during the months from September to December. Those stupid collectors hope that, maybe, you can share your Xmas bonus with them if you happen to have a job or some source of income. They motivate you to find ways to pay them by threatening you with suit or some imagined violation, like RA 8484.

  70. bubblemum says:

    Another thing, Is non-payment of credit cards will subject the card holder of credit card fraud?When does a card holder violate RA 8484?Please explain RA 8484 …surreptitiously leave your place of employment, business ore residence stated in application without informing the card company the place where they could actually found the card holder?I did not resign from my company. They know my contact numbers but I do not answer their calls?DId I violate it?Ignoring their demand letters, phone calls etc would be grounds for a court summons? Please enlighten me. I am so worried and confused. I am experiencing distress n my finances. Please hep…;(

    • warrior says:

      bubblemum,

      Non-payment of credit card debt is not punishable under RA 8484. Moreover, there is no imprisonment for credit card debt under the Philippine Constitution.

      Do not believe the employee of the collection agency. He is super-duper stupid. He does not know any law.

  71. sasha says:

    hello!
    Its been a relief for me reading your blogs. i have SCB and Metrobank cc and the address in the application was my employer’s address.Now that i already resigned from my employer, i was not able to inform the cc company about my home address because at that time my last payment i made was when i was still working . Now, its been already 4months past due. Are they going to find out my home address? Is my case considered as RA8484? i have no peace of mind. pls. advice me….

    • warrior says:

      sasha,

      RA 8484 does not apply to you even if you resigned from the office whose address you used in your application form.

      The violation of RA 8484 is a threat used by collection agencies to force you to pay them your credit card outstanding balance. Of course, you should not believe any word that comes from the employee of the collection agency since they are all liers and fake lawyers.

  72. Confused Lady says:

    follow-up lang po. i’ve read in some of your answers to some querries…

    since april di na po ako nakabayad sa 6 na cc ko. do you mean to say na in case na magbayad ako kahit 1,000 lang, they would also send me a final demand letter? are you trying to say na if di ko kayang bayaran lahat ng utang ko wag na lang ako magbayad ng pakonti-konti?

    please enlighten me. sorry po kung makulit ako. thank you po.

    • Lito says:

      Confused Lady,

      Hindi mo na kailangan magbayad sa credit card company kasi bayad na ang utang mo ng insurance.

  73. juno lat says:

    as i read all the posts, somehow nakakahinga ako ng maluwag kasi i have so many questions then wala ako matanungan.this one is so helpful.share ko lang po about dun sa kinukulit ng Domingo & Molaer law office – nagpupunta tlga sila sa bahay kasi na-describe nila ang house namin pero luckily walang haharap sa kanila kasi laging walang tao sa bahay namin. I have cc din na past due in status, some of them nabayaran ko na, some are still past dues.

    Sa ngayon ang problem ko lang po is can they file against me cc fraud? kasi kanina lang my uncle called me from my office na meron daw pulis naghahanap sa akin and ang agenda is about anti-fraud. Start na ba eto ng procedure ng small claim courts? or dpat may matanggap muna ako letter from MTC as procedure sa civil case or dpat ba ay sheriff ang maghanap sken at hindi ung pulis. I know na about cc un (particulary – Citibank) kasi ang name na binigay sa uncle ko ay PSI Arturo Magbanua, kung saan ay nabanggit na sken un dati ng isang collector (Dan). This case alarmed me kasi ang uncle ko ay pulis, i dont want this thing get more complicated. thanks po.

    -juno

    • Lito says:

      juno,

      hindi credit card fraud ang magka-utang sa credit card. Walang nakukulong sa utang dito sa Pinas. Kung totoo pulis ang kausap ng uncle mo, hindi ka niya dapat kausapin kung wala siyang warrant. Ang pulis na iyon ay pekeng pulis or kaya ay totoong pulis na suma sideline sa collection agency. ireklamo mo ang tarantadong pulis na iyon sa PLEB, sa city hall.

  74. josephine says:

    Good day po!!!

    Meron po akong utang sa cc, bale metrobank cc at hsbc cc visa at mastercard. Before po, faithfully ko naman po nababayaran yung utang ko, kso since po nund naoperahan ako at nagkaroon ako ng shortage sa pera, hindi ko na po nababayaran yung mga credit card ko. Yung metrobank cc since last sept 2010 lang po hindi ako nakabayad, but yung hsbc cc ko last june pa po kasi bigla na lang po kung anu-anong charges ang isinasama nla sa billing statement ko kaya hindi ko na po binayaran. Last Oct po, may demand letter na po akong nareceive for Domingo & Molaer Law, then text messages po na dapat bayaran ko na yung utang ko dahil nsa court na daw po yun. Natatakot po ako kasi baka kung ano po mangyari sa akin dahil sa credit card ko.

    Tulungan nyo po ako, ano po ba gagawin ko

    Thank you in advance po

    • lito atienza says:

      josephine,

      Walang kahit anong masama mangyayari sa iyo dahil lang sa utang sa credit card. Sa totoo lang, sinasaad sa Philippine Constitution na walang nakukulong sa utang.

      Magpalit ka ng numbers. Huwag kang makipag-usap sa collection agency. Collection agency lang sina Domingo at Molaer. Ang nagte-text or tumatawag sa iyo ay inutil na empleyado ni Domingo at Molaer…hindi marunong mag-English pero fluent sa pagmumura at magalit sa kamuka mo na may utang sa credit card. Huwag kang maniwala sa kahit anong sasabihin nila.

  75. josephine says:

    I feel relieved for what you advised. Thank you so much

  76. bea says:

    good day po,

    isa lang po ako sa marami ng sumulat sa inyo sa site na to..ako po ay laging nakakatanggap ng txt from domingo & molaer law ofc, this morning is the latest saying..”ur defeaning silence & non response indicates ur malicious intent not to setle ur hsbc acct. our demand for pymnt of ur acct with our client hsbc had bibcontiniously ignored despite legal warning of legal consequences or a court case being filed.moreover ur creditr d LAST CHANCE, we r gving u til 10am TOM/OCT 21, 2010 to settle in PARTIAl or in FULL ur acct to avoid a possible costly litigation. cnsider ds as our LAST & FINAL REMINDER.” ganyan po ang pagkakasulat sa txt…pls advice me po kung ano po gagawin ko kc may tumawag sa bahay ng kapatid ko fiscal daw at hinahanap ako un bayaw ko ang nakasagot eh hindi nya nsabi n hindi nako dun nakatira..totoo po ba ang sulat nila? please tulungan nyo po ako.

    salamat,
    bea

  77. Lito Atienza says:

    bea,

    hina-harass ka lang ng ulol na empleyado ng collection agency. hindi tumatawag ang fiscal tungkol sa utang sa credit card. hindi din nagte-txt ang lawyer para sumingil ng bayad sa credit card.

    Ang dapat mong gawin ay magpalit ng numbers. Ang dapat gawin ng kapatid mo ay bagsakan ng telepono si “fiscal”. Puwede niyang murahin si “fiscal”, kasi sure ako na fake fiscal ang bobong kausap niya.

    Remember: walang nakukulong sa credit card utang.

    • bea says:

      salamat po sa payo nyo, medyo nabawasan po ang pag aalala ko..

      • dennis dominguez says:

        dedmahin mo na lng bea pag my call na hindi nakaregistered sa phone mo wag muna sagutin collector yan,pag kilala natin nagtetext sila pag di mo sinagot,dami ko na experience na treat sa kanila,tama sabi ni sir pag makulit bagsakan u na lang pag nagpakita kang takot talo ka..wag muna isipin sila magsaya ka nangungumisyon lang sila satin gusto naman natin magbayad kaya lang sadyang may pinagdadaanan tayo sa buhay.Hanggang ngayon wala na nangungulit sakin nagsawa na sila sa pananakot na magfifile daw ng kaso anong kaso,hindi naman tyo kriminal kaya wala sila karapatan na takutin tayo o magsalitang masasama sa tulad natin…thanks sa inyo sir sa nga advice sa amin ..

  78. heidi says:

    hello po,

    itatanong ko lang sana kung may kakayahan b akong ipaaresto ng citi financial.may loan po ako sa kanila na 30k pero sa contract 50k ang nakalagay dahil daw sa automatic finance charges nila..nagbabayad po ako ng loan ko hanggang sa mabuo ko un 30k, pero dahil sa financial problem hindi ko nabayaran un 20k. ngayon nagtxt sila last feb.4,2010 saying they will conduct a personal visit and will be asking police assistance to serve a warrant of arrest issued at makati city RTC. warrant #01201980-09…
    ang tanong ko po totoo po bang may kaso ako? makukulong po ba ko dahil dito? iba po ito sa mga nabasa ko dito pero nais ko lng po maliwanagan..

    maraming salamat po.

    • Lito Atienza says:

      heidi,

      Ang utang mo ba sa credit card or personal loan?

      • heidi says:

        personal loan po…

        • Lito Atienza says:

          heidi,

          Ang terms ng personal loan ay naiiba sa terms ng credit card. paki check mo ang contract na pinirmahan mo.

          Sa ngayon, ang pagtext sa iyo, ang personal visit na may police assistance daw, warrant of arrest kuno, by tipong pananakot ng collection agency.

          Malamang ay wala ka pang kaso. Tinatakot ka pa lang kasi baka sa takot mo ay mapilitan ka magbayad.

          Kung totoo ang warrant, hindi ka na iti-text. Basta pupuntahan ka na lang sa bahay para arestuhin.

          Ibilin mo lang sa kasambahay mo na kung dumating ang tarantadong collection agency, ay sabihin na hindi ka na nakatira dun o kaya ay walang ganun tao na nakatira dun. Isara agad ang pinto at huwag ng makipag usap ng mahaba.

          Kung ikaw ang makaharap sa mga ulol na iyon, huwag kang magpakita ng takot, at sagutin mo sila ng mahinusay na hindi ka na nakatira dun. Sabay talikod, pasok sa bahay at isara ang pintuan. Puwede din naman na huwag nyo sagutin ang pagkatok nila kahit na may kasamang pulis. Anyway ang kapulisan PNP ay mga pulis patola.

          • francis says:

            sir tanong lang po, nag txt s kin ang law office daw po ng PSBANk Flexi loan may unsettled ako na loan amounting to 250k
            pero pinababayaran s kin is 50k para ma clear out n po daw?
            nakapagtataka lang po kc papayag po ba ang bank sa 50k n payment laban sa 250k n utang. nag banta p cla n kapag d ko daw po nabayaran on or before DEC6 mag hahatak daw sila ng properties ko! coming from law office itself. Totoo po b yun?
            Patulong naman po.

  79. rolly says:

    good day po sir…
    dati po akong ofw sa dubai at meron po akong naiwan na loan at unpaid cc doon. hindi ko na po sila nabayaran kasi po umuwi na po ako dito sa pilipinas dahil nagkasakit po ang father ko dahil po doon ay hindi ko na po nabayaran ang loan at cc ko sa dubai..
    sa ngayon po meron po emails at pumuntang taga bilkish daw sila d2 sa bahay nmin at nananakot na they will file a case against me kung hindi ko ito masettle sa kanila..
    ang tanong ko po pwede po ba cla magfile ng case sa akin dito sa pilipinas at inform ang nbi at immigration para di po ako makapag work sa abroad uli kahit na ang naging utang ko eh sa dubai at hindin dito sa pilipinas..
    kailangan ko lang pong maliwanagan kasi may offer po sa akin abroad to work at sobra na pong pananakot ang ginagawa sa akin ng mga taga bilkish CA na ito.

  80. Lito Atienza says:

    rolly,

    Hindi puwede mag file ng kaso laban sa iyo ang bilkish. Hindi saklaw ng batas dubai ang pilipino sa Pinas. Ganun din ang batas Pinas, walang bisa sa dubai.

    Ang bilkish ay isang collection agency lamang. Mga pekeing abogado at pulis ang nandun. Walang pinag aralan. Huwag kang matakot sa kanila. Hindi ka nila kakasuhan. Hina harass ka lang nila kasi nga baka sa takot mo ay mapilitan kang magbayad.

    Sa ngayon, fully paid na ang utang mo ng insurance. Sa totoo lang, closed na ang account mo sa credit card sa dubai.

    Kung pumunta sa bahay mo ang ulol na collector na taga bilkish, puwede mo silang hampasin ng dos por dos. Ipagsigawan mo sa kapitbahay na ikaw ay pinapasok ng magnanakaw. Mag iskandalo ka…Magnanakaw! Magnanankaw! Tingnan mo pag hindi kumaripas ng takbo and duwag na collector.

    Walang karapatan magpunta sa bahay mo ang mga inutil na collector na iyon. Puwedeng puwede na hindi mo sila kausapin kung ayaw mo. Ikaw ang hari ng tahanan mo.

    Tandaan mo: Sa Pinas, walang nakukulong dahil lang sa utang sa credit card. Lumaban ka. Huwag kang maging bakla.

  81. rolly says:

    salamat po for the advise nyo..ngayon alam ko na po ang gagawin ko sa susunod na pumunta ang mga lokong taga bilkish na iyon..
    but still i have a question sir,,pwede pa rin po ba ako magwork abroad except GCC kasi po may offer po sa akin sa Europe saka yun sinasabi po ba nila na may hold departure order ako lalo na sa nbi ay hindi ba ito ay kalokohan lamang?
    kung sakali nga makapag work ako sa european country eh di kaya ako magkaproblema dhil sa utang ko sa dubai or baka doon nila ako habulin?
    ask ko lang po..

  82. Vicente Q. Celestial says:

    I will establish a link with globe , smart , sun , that a credit card can be lock with the use of a cardholder’s cellphone. I have a very good experience because I have a Smart Money Card and this card can be lock with the use of my cellphone .

  83. dennis dominguez says:

    very much helping talaga ang nga site na katulad nito,sinunod ko lahat ng advice na nabasa ko sa site na ito,nagsawa rin sila i have my card hsbc,standard,citibank,eastwest,bdo,dati nakakabayd ako lahat pero dahil sa kalugian ng kumpanyang pinapasukan ko at aming presidente nagdeklara close na hawak ko account hindi na updated and bayad ko sa kanila at ang ginawa ko gumawa ako ng letter sa kanila lahat para ipaalam na close na account ko,mas lalo nila ako pinahiraman wala na vacant sa ganon at nagoffer pa ng reestructuring grae taas ng interest,lagi ako harass ni mr collector grabeng pananakot at dahil sa blog na katulad nito natuto akong lumaban sinunod ko lahat ng dapat kong gawin dedma ko text delete agad,lahat ng demand letter di ko na binubuksan tapon agad sa basurahan,dedma ko din call nila,my pumunta sa bahay binigay sulat galing law office tapon agad di ko na binuksan hanggang nagsawa sila myron man ngayon ulit sa text delete ko agad,gusto namn natin magbayad kya lang problema may nga pagkakataon na dumarating satin na di inaasahan kaya tyo nagkakaganito kaya advice ko sa nga nakaexperience ng ganito wag kyo matakot 1.if you dont pay,dony pay 2.priority your need not ther greed. 3.dont let yourself control them 4.dedma,delete 5. dare to fight back go ahead sue me. alam ko di nila gagawin un dahil mas malaki gastos salamat syo sir at kay dear banker na nagbibigay ng lakas ng loob sa nga tulad nmin at ngayon mahimbing na tulog ko lagi may pumunta man sanay na tyo.

    • lito atienza says:

      dennis,

      huwag mo ng isipin na magbayad pa. fully paid na ang credit card mo ng insurance. Sa totoo lang, nagbabayad ka ng insurance premium tuwing magbabayad ka nun sa credit card bills. sa ngayon, close na ang account mo. Kaya kahit na gustuhin mong magbayad, wala na iyon.

      pinamigay na nga ng bangko kina molaer, cases, bilkish, enzi, etc. ang mga account para kumita ng sideline ang account officer sa credit card company at maka-comisyon ang tarantadong ulol na collector na bobo.

      ilaan mo na lang ang pera mo sa mga anak mo. kalimutan mo na ang lintek na credit card na iyon. kumita na sila ng sobra sobra.

  84. jun says:

    Sir lito,

    ang cc ko ay umabot s 30k including interest and other charges 9 yrs ago. Tapos right now sbi ng agent nsa almost 1.4M n dw iyon. Grabe naman po di ba s interest? Nid ko mgbayad dw ng 16.5k to close the account. Nag bgay din sila demand letter via email at nagpadala din sila para ireceive ko pero di ko po nireceive at pinabalik ko yung sulat. Magpafile dw po sila ng case s akin kc malaki n dw talaga yung balance. Di po ako naniniwala pero syempre affected kahit ppano kc nakakagulat n ganon n pala sya lumobo.Ano po dpat ko gawin next time n tumawag or pumunta? Slamat po at more power. Sna patuloy ang pagtulong nyo s amin.

  85. kristina says:

    sir ask lang poh ako f isa rin sa mga collection agency ang yosores law firm..kasi poh may utang ako sa cc sa rcbc bankard tapos nag ask poh ako for restructuring pero pinababayad ako ng 2taw before eto maisagawa..magbabayad po bah ako without any documents from them?
    pls help me poh

    • Lito Atienza says:

      niraraket ka lang ng collection agency. huwag ka nang makipag-usap sa kanila. scam lang ang collection agency. huwag kang paloloko sa kanila. mga peke ang abogado dun.

  86. aida says:

    sir may utang poh ako sa cc sa union bank…actually 15taw lang ang limit ko pero pinababayad na nila ako ng 25 taw kasama daw ng mga charges..kng di ko raw mabayaran may demanda laban sa akin ang bank tapos sa makati pa ang hearing pero taga negros poh ako.Nakakatakot ang mga text nila at kinabahan talaga ako ng husto. Ano poh ang maari kng gawin? isa poh sa worry ko kasi sa akin naka pangalan ang bahay at lupa namin..pwede po ba nilang makuha yun pambayad sa utang ko?

    • Lito says:

      Aida

      Tinatakot ka lang ng ulol na empleyado sa collection agency. Huwag mo na sila kausapin. Hindi-hindi magagalaw ang bahay at lupa mo.

  87. kristina says:

    isa na lang tanong poh sir…na guguilty rin poh kasi ako may benefits din naman akong nakuha sa cc ko sa rcbc bankard..kaya lang wala lang talaga akong pambayad ngayon.actually 12taw lang naman ang utang ko .kng di ko cla kakausapin ang tumatawag na yosores law firm daw, cgurado kukulitin nila ako palagi sa office at cgurado babalik cla uli dun sa bahay namin. ano poh ang maari kng gawin para tigilan nila ako sir?PLS help me poh sir tnx

  88. ayesa says:

    Mark, do you have update on your case ? please, publish. we are on same situation .

  89. Juanita delos Reyes says:

    paano naman po un padadalhan ka sa txt at may nkalagay pa na case no MTC pa daw at cc pa ang NBI at 24 hrs padadalhan ka ng subpoena totoo ba yun assisted by CIDG camp crame police daw?

  90. natz says:

    sir, me problem po ako sa cc ko metrobank, meron po akong mga nakausap sa anunuevo law office, for payment arrangement, at nakapag initial payment ako ng p10k, ang sabi nung kausap na c tina na hindi daw inapproved ng banco request ko, at pinababayaran nya sa akin in full. Till now tumatawag sila sa akin, ano po ba dapat kung gawin…

    • lito atienza says:

      natz,

      Sayang ang 10K na initial payment mo. Niloko ka ng ulol na c tina. Kaya niya sinabi na disapproved ng banco request mo kasi may pera ka palang pambayad. At nakita niya na takot ka kaya nagsamantala siya. Ang laking halaga ang binitawan mo sa mga tarantadong iyon. Tiyak na maligaya ang pasko ng mga hayop na empleyado ng collection agency.

      Huwag ka nang makipag usap kay tina. Hindi ka makukulong dahil lang sa utang sa credit card. Sana ibinili mo na lang ng regalo ang 10K mo sa mga anak mo. Hindi naman pupunta sa banko ang binayad mo kasi matagal ng bayad na ng insurance ang utang mo. Sure ako na pagka bayad mo ng 10k at pagka alis mo sa opisina, pinagtatawanan ka ng mga demonyong empleyado ni anonuevo at panay ang hi-five nila kasi nagmistulang uto-uto ka.

      Huwag mo nang ulitin ang pagkakamali mo. Hindi ka makukulong. Hindi ka ma-hold order. Puwede ka pa din makakuha ng NBI clearance. Hindi ka criminal dahil lang sa utang sa credit card. Kung may pumunta sa bahay mong collector, tama lang na bugbugin mo siya. Sa totoo lang, sila ang mga kriminal. Na estafa ka ng mga budol-budol na hayop na anonuevo. Sayang talaga ang 10k mo!! Lumaban ka!! Huwag kang babakla-bakla.

  91. natz says:

    sir, maraming salamat po… more power!

  92. natz says:

    Gud day! Sir ask ko po sana, gusto ko mag complain sa anonuevo collection agent na kausap ko, na c tina but hindi ko alam full name nya. Pwede po ba makahingi ng format ng complain letter at till now meron tumatawag sa akin, iba naman name nya but the same taga anonuevo pa rin. At papano ko ilalaban ung naibayad ko na p10k last October 13, 2010
    gusto ko rin po maiayos na makapagbayad ng tamang proseso. Saan ko pwede cend complain ko. Maraming salamat!

  93. gen says:

    gud pm atty.,

    may utang din po ako sa credit card at hnd ko po iyon mbyaran. ngpapadala po cla ng demands letter sa bhay at ntatakot po ung family ko dhil bk daw po mkulong ako. ndito po ako sa middle east ngaun at sb nila possible daw po akong mapauwi kung hnd ko babayaran ang utang ko. possible po ba un? ung molaer law firm cla ung naniningil sa citibank ko, at nkita ko dito na scam lang un. ano po ang dapat kung gawin? thank you po.

    • lito atienza says:

      gen,

      alam mo ng scam. bakit ka pa makikipag-usap sa mga scammers??

      • gen says:

        ung parents ko po ung nkakausap nila sa pinas, ntatakot po cla. pero mula ng mbasa ko po itong column nyo khapon,pinaliwanag ko po sa knila at sb ko wg ng entertain. thank you po ulit.

  94. gen says:

    sir scam din po ba ung molaer law office? cningil po nila ako regarding sa eastwest ko.ngpadala po kc cla ng pulis sa bhay nmin at ntakot ung pamilya ko.may ibingay pong no.pr twgn ko tg prosecotor office dw cya,edit ung name tapos bnigay nya ung name ng atty.arturo shacita un dw may hwak ng kaso ko.ng twgan ko cya ns korte n dw ang kaso at sa nbi at dfa.posible daw akong mpauwi kc ns middle east po ako ngaun.umabot dw sa 157k ung utang ko pero 60k lng nmn ung credit limit ko.pngbabayad nya ako ng 70k pr mhugot dw ung kaso ko tapos ng lumaon naging 52k n lng.ntakot po ung pamilya ko ky ng pauna cla ng byad sa eastwest bank ng 20k. babayaran ko pa po ba ung 32k?ganon din po sa metrobank sa cabio law firm naman un,nkpgbayad din po ako ng 5k,at may balanse pa po akong 23k. ipinangutang pa po un ng pamilya ko. ano pong dapat kung gwin? salamat po.

    • lito atienza says:

      hindi dapat magpunta ang pulis sa bahay mo para sumingil ng credit card na utang. ireport mo ang tarantadong pulis na iyon sa PNP at sa city hall, kung san lugar nakatira pamilya mo. peke ang pulis na iyon.

      ignore mo lang ang mga sulat ni molaer at cabio. scam collection agency ang mga hayup na iyon. huwag kang magbayad kahit isang sentimo. huwag kayo makipag-compromise sa mga iyon. sabihin mo sa pamilya mo na huwag matakot kasi scammers lang kausap nila.

      DITO SA PINAS, WALANG NAKUKULONG DAHIL LANG SA UTANG SA CREDIT CARD. HINDI KA DIN MAPAPA-UWI O MATATANGGAL SA TRABAHO.

      • gen says:

        thank you po sir. sayang nga po ung naibayad ko na 25k na inutang pa ng pamilya ko. anyway atleast ngaun mo naliwanagan na ako. more power po at god bless po.

  95. MARIA CARMEN ROSARIO says:

    MY KASALANAN DIN KAU DAPAT HNDI N KAU UMUTANG SA BANGKO, WALA NGANG NAKUKULONG SA UTANG PERO ANG ALAM KO NSA BAP ANG PANGALAN NG HNDI NGBABAYD SA CREDIT CARD AT MATAGAL BAGO MATANGGAL YUN, MAKAAPEKTO PO B YUN KUNG SAKALING UMUTANG ULIT CLA SA BANGKO? ANG KAPATID KO PO KASI AY MAY UTANG SA BANGKO.

    JELL

  96. amy says:

    sir ask ko lang poh. may utang poh ako sa rcbc cc ko. online poh akong nag apply sa card na eto at wala akong naipasang any docs pero after ilang weeks nagulat ako na approve at dumating na yung card. hindi ko na poh nabayaran ngayon kasi gipit poh talaga ako. nagtetext poh cla na for filing as civil case under r.a. 8484 na poh kapag di ako nakapag settle for 2 days. ano poh ang gagawin ko? kinakabahan na poh ako. pls reply poh..tnx

  97. power says:

    I have the same problem like the others who posted their comments here.been so confused and worried, even feared of the humiliation when they kept on calling in the office. Just yesterday I received a text claiming that they are from the credit card bureau and that a case will be filed against me (RA 8484). They even stated in the text that within 24 hrs of not hearing from me they will send their investigating team SOP. How true is this?I have not anymore my card for two years yet for the past years I’ve been religiously paying my debt from my two cc companie, it was only last march that I stopped paying them. I am not so sure if the one who texted me is from citibank since I started again paying my hsbc when they knew my whereabouts and been calling my workplace.
    Another problem is that ,though I am paying Hsbc for the last 5 months, they still pressure me to pay a higher amount.They even seaid that they will send people from my office to investigate my capacity to pay?I am afraid of being humiliated by them.please help me