Fruit of Poisonous Tree

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

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

www.failuretopaycreditcard.blogspot.com

2011 Christmas Message

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

Banker
www.failuretopaycreditcard.blogspot.com

COPIED

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

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

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

Trespass To Dwelling

Nobody can enter your home without :

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

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

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

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

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

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

Meet Mr. Collector

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

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

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

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

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

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

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

Now you know him better.

Get Real

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

It's Still A Wonderful World

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

Thank You Kasimanwa

In pace requiescat

"D" Is A Wonderful Letter

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

text messages?
Delete
letters?
Disregard
Calls?
Dare

In other words, D is for Dedma!

Why?
Because you dont want to be
Duped

Recharging

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

Lumipat ng Bahay

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

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

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

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

And you will have another " Fun with Collectors"

Unbelievable

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

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

Afraid

The fear never ends.

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

of what?

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

Let's Have Fun With Collectors

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

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

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

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

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

Resbak

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

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

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

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

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

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

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

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

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


Posted in
"RA 8484 In Pilipino”
Wordpress Blog

Collector Joke Of The Day

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

September 19,2011

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


Order Request:

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


C O M P L A I N T

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

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

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

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

Thank you,

Department of Foreign Affairs
consulate@dfa.gov.ph

Bakeeet?

Bakit kailangan pa nila :

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

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

Lord, forgive them.
I tried but I cant.

Dio perdona... io no!

Enter The Dragon

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

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

:)

SEARCH BOX & HELP LINES

Diskarte Pilipinas

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



We maintain the following sites:



a) http://www.failuretopaycreditcard.blogspot.com/

b) http://failuretopaycreditcard.wordpress.com/

c) http://diskarteforum.niceboard.org/

d) http://finance.groups.yahoo.com/group/failuretopaycreditcard/



As of today, “blogspot” alone tallied 15,567 comments, 522 followers on 245 posts with visitors for the entire sites averaging 500 daily, receiving 50 E-mail inquiries, 23 call and text queries and about a 100 call divert requests and assistance.

There is the “Search This Blog” facility should you wish to learn more about your concerns.

There is also a chat board available with some members willing to provide on-line help. We think these are more than enough resources we have already provided.

This is in consonance with our motto “Help Not Blame”.

However, If you still think we were not of any help,

don’t blame us either.



SEARCH BOX

RA 8484

IF YOU ARE NOT USING A FAKE CARD,

FORGET RA 8484

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

Want to know more?

Dont be lazy.

Type "RA 8484" in the "Search This Blog"







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

Utang Abroad

1. May utang sa Dubai ; I am now in Saudi ( or Pinas)

wala paki ang Saudi or Pinas dyan sa utang mo sa Dubai and vice versa.

hinde naman sila collector ni Dubai!



2. Tumawag ang Bilkish/Enzi at ipakulong daw ako/mag-sampa ng kaso

see no. 1 above

Kaya lang, wag mag-balik doon kahit "transit" lang.

Pero, in fairness ha? masarap pa nga daw makulong sa Dubai keysa

magtira dito sa Pinas - libre board and lodging pa - aircon at masarap

ang pagkain. :D



3. Hina-harass ang pamilya ko.

Sino man ang mang-harass, puede ipakulong.

hinde exempted ang collector.



4.Ano gawin ko?

dare his bluff



-----------

Ang Bilkish/Enzi ay CALL CENTER.

Ang tawag sa collectors nila " Junior Bank Officers"

pero wala silang license to operate dito sa Pinas

ayon sa BSP.



Para sa dag-dag na kaalaman, type mo ang "key word/s"

ng gusto mong hanapin sa "Search This Blog" doon:





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



I’ve been to that same situation before…nakulong na din po ako

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



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



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



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



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

lesson po natin….”let us spend wisely” ok po ba….



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

Paying Directly To The Bank

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

Don't ask me. Ask the collector!

Search Box

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



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

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

Happy Reading!

Hope You Can Live With Your Conscience

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

The Right Against Self-Incrimination

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

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

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

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

:D

Demand Letter

Middle East Laws

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

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

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

For CC defaulters:

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

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

To All EB Attendees

those who did not make it :
WE MISS YOU!

what you might have missed:

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

Independence Day

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

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

Secrets Of Credit Card Diskarte

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

Clue : one word

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

No Such Thing

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

Trick Or Threat

TRICK
Amnesty Program

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

THREAT
We will file a case against you.

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

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

simple.

BSP Cir. 702 Series of 2010

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


-end of conversation-


BSP Cir. 702
Series of 2010

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


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

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

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

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

Crazy

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

Ang Utang Ay Dapat Bayaran

Hinde sa lahat na panahon.


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

RA 8484 Once Again. With Feelings.

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

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

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


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

In Debt Trouble

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

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

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

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

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

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

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

love your family.
but dont spoil them.
:)

(thanks to all who shared their thoughts)

Can I Ask A Question This Time?

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

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

Truth Hurts - Willingness To Pay

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

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

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

Graduation Day

It's graduation time

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

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

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

With Honors:
Summa Sobra ang Nabayad.


Congratulations.
Learn from your experience.

I Will Pay The Bank Directly!

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

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

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

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