Payroll Hold-Up

Hi Banker,
Almost 2 months nang nka hold ang salary ko sa Metrobank (payroll account). Accdg to them it is because of my past due sa Metrobank Credit Card. The money is there but I cant withraw it. 2 months narin ako nagtitiis to accumulate the amount of P30,000.00for my credit card. A Collection agent named Marvin Guttierez Mendoza of Domingo and Molaer Law Office keeps on harrassing me to pay the full amount kasi hindi daw mali-lift yun pag hold sa aking salary. He's insisting that I need to issue them an Authorization Letter to debit my Payroll Account. Anong pong gagawin ko?

Posted at : Collector’s Harassments
Friday, August 22, 2008 12:04:00 PM PHT


Card Agreement No. 19 ( DEFAULT)

The Card Member……hereby give MCC a general lien upon, and/or right of set-off, and/or right to hold and/or apply to the obligation herein all……balance of every deposit account……

HOWEVER: IT SHOULD NOT REACH A POINT OF BEING IMMORAL
(depriving you of your living)

Sample:

a) Ruling of the Supreme Court
G.R. No. 135149 (Acol vs. Bankard)

Article 1306 of the Civil Code prohibits contracting parties from establishing stipulations contrary to public policy. The assailed provision was just such a stipulation. It is without any hesitation therefore that we strike it down.

b) Salaries and Wages cannot be subjected to Execution under the
Rules of Court even with a court decision, how much more in this
case?

If they are putting your salary “on hold”:

- why cant they apply it to your obligation? Could it be putting on hold your salary is against the law in the first place?
- Why would the collector insist that you issue first an authorization for them to debit your account if what they are doing is really legal?
- is the collector, a 3rd party, duly authorized to even hold your account? . Here is what your agreement says :

" This Contract is between the cardholder and Metrobank Card Corp.....shall be binding only between these two...."

- Why can’t Metro Bank show you the “Underhold Notice”? Could there be some personal collusion between a bank staff and a collector?

SUGGESTED REMEDIES:

1. Write a formal demand to the bank, via registered mail w/receipt, to release your payroll within five (5) days upon receipt unless they can show a proper court order.
2. File a formal complaint with the Bangko Sentral ng Pilipinas and Integrated Bar of the Phils. for unethical collection practices.
3. Go to PAO, Free legal aids groups, Gabriela, etc for legal advice or possible filing of an appropriate civil case against concerned parties with damages and injuries.
4.Arrange with your HR for possible transfer/exclusion of your account under payroll arrangement.


Note:
for more info, visit our CC university (wordpress site)

STATUS 08/28/08

Yesterday, I sent them an authorization letter to debit the amount of P20,000.00 kasi ayaw ko nang lumaki pa ang utang ko.Pumayag na'ko para matapos narin ang usapan. They're gonna send me a confirmation letter that I am fully paid na with my outstanding balance....