Home Visits

These are some of the initial comments I got for 2009.It's all about
VISITS(again!) I thought it might be timely to update and republish
our 7/08 Chapter.
Case No. 1

ocianne said...
hi banker,
happy new year! although mine was not so great. problema din sa CC. sometimes i feel like killing myself kasi sobrang baon na ako sa utang sa mga credit cards na yan..... kasi nahihiya talaga ako pag may CA na pumupunta sa bahay at ang kasama namin ang minumura mura e.

Case No. 2

may nagpunta n rin d2ng babae s bhay nmin n tga molaer at nag
occular din pra nmn s bankcard cc ng misis ko

Case No. 3

Anonymous said...
...ang kulit banker nabwiwisit na ko pumunta ba naman sa bahay buti na lang tinago ako ng mga father ko ito pa nag worry banker baka biglang pumunta sa work area ko na skul nakakapraning, ano ba dapat kung gawin pag nagpunta? at makita ko...

Trespass to dwelling
Art. 128. Violation of domicile. —
any public officer or employee who, not being authorized by
judicial order, shall
- enter any dwelling against the will of the owner thereof
- search papers or other effects found therein without the previous
consent of such owner, - having surreptitiously entered said dwelling,
and being required to leave the premises, shall refuse to do so.
Crimes Against Security
Art. 280. Qualified trespass to dwelling
Any private person who shall enter the dwelling of another
against the latter's will…. by means of violence or intimidation
PENALTY
Minimum 2 years, 4 months and 1 day maximum of 6 years
and a fine not exceeding 1,000 pesos.
Bail required P12,000.00

You have the right to refuse entry to anybody, especially collectors.
Ask them WHAT IS THEIR BUSINESS ( more often mag-dala lang ng 1/4 piece of paper yan)
If they request entry, ask for:
1.Their authority from the supposed collection agency
2.Appointment of their Collection Agency from the bank
3.Board Resolution of the bank authorizing such appointment
marami pa - ID,Statement of Account duly signed by authorized
signatory of the bank,etc.and etc.

Normally WALA silang maipakita. Conclusion? they are just there to harass you and milk money from you and its EXTORTION/FRAUD/ESTAFA/DECEIT:
Revised Penal Code states :
..By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications or imaginary transactions, or by means of other similar deceits.
(b)By inducing another, by means of deceit, to sign any document.
Art. 318. Other deceits.
any person who shall defraud or damage another by any other deceit not mentioned
Penalty? why, kulong, of course!

CALL THE POLICE. its time to turn the table against scammers.

see Office Visits here:

http://failuretopaycreditcard.blogspot.com/2010/08/office-visits.html

Facing Your Fears - Dead Collectors

Wala ako sa bahay, wala din sa office. Pinaputol ko na ang aming telephone, changed my cell phone number, I already resigned. wala na ako!.....
Isn't it time to face them?
They have " No Power Over Me", remember?

Collector : Pay-up or else we will file a case.
You : Sue Me
Collector : You will need a lawyer
You : Problema ko na yon.
Collector : We will take your things.
You : I can part with them.
Collector : I am giving you one week.
You : My answer is FINAL
Collector : We can give you an "amnesty " (starts to mellow...)
You : Ayaw ko.

see? huli mo ang weakness nila.
Patay si Credit Card Virus!

PLEASE CHECK DISKARTE BULLETIN

A Pyrrhic Victory

1. The bank files a complaint with the court.Pays filing
fees,transportation expenses and meal allowances ni attorney.
(they cant do it pag over 10 years na ang account mo)
2. After maybe a month, the case is raffled-off to a certain
judge to handle ( hinde po automatic yan gaya ng sinasabi ni
Collector)
3. After maybe a month, the Judge issues a summons for you
to answer the complaint within 15 days upon receipt, in
order to hear your side.
(YOUR DISKARTE NOW. hayaan mo na lang ba or palaban ka?)
(the decision is always " You Pay" anyway )
4. After another month, you file a "Motion for extension to file answer"
kasi la ka pa abogado or si katulong nakalimutan ibigay sa yo ang summons.
('wag lang sumobra sa deadline ha?)
5. After another month (again!)the judge grants you another 15 days.
6. After another month again (!), your lawyer files for another
"Motion For Extension To File Answer" kasi ngayon lang niya nabasa
ang complaint.
7. After another month, the lawyer( FINALLY) answers the complaint,
asks the court to refer the issue for mediation.
(unless he files again another Motion for Extension for some reason)
8. After another month,sa pre-trial, you will appear (FINALLY)before
the Judge, even without a lawyer, for the initial stage of the
Mediation Process
(or you can even file ANOTHER "Motion For Postponement" - you are
undergoing surgery, prior important appointment like US Embassy interview?)
9. Mediation process ensues for three months?
"I can only pay P500.00 a month"
" I do not want to pay their excessive interests"

By now, this case has already drag for One(1) year!

After one year.... sad, but mediation fails.
The Judge handles the mediation.
another three months, perhaps? Still no deal.

10.Then, another Judge ay hahawakan na ang case(AT LAST).

After another three months....oops, nakalimutan ng court!
so the complainant will have to file a motion to set the case
for hearing? hmmmm.......

This is just the first phase.
maraming combinations pa ito.

Postponements after postponements. FINALLY (I hope this is the last)
the Judge hands down the decision.
" You Pay " ( but of course!)

Nope. This is not the end yet.
Complainant now has to file a " Motion To Execute Judgment" in order
that the Sheriff (whom complainant has to pay also)can look for your
assets. Otherwise, the decision will remain just like that
- a paper decision.

The Sheriff will then get your electric fan with your name prominently
etched on it?that's preposterous! He has to sell to convert it to cash
pa. What will the bank do with an electric fan? cheap naman nila.Bili
na lang tayo ng bago - made in China - mura pa.
Then, kung may sobra sa proceed ng auction sale, soli pa yung sukli mo!

The sheriff's Return(report)FINALLY (oh no, not that word again!)is filed:
" No assets can be found "

The bank wins the case. Gets nothing.
A Pyrrhic victory, indeed.

Paranoia Synopsis - Answers To Most Queries

Signs - Animated



SECTION A - FEARS :

1. I will go to jail

Utang is a civil liability. Imprisonment is for criminal offenses.
Therefore walang pakialam ang :

a. Police - they handle peace & order
b. NBI - NBI Clearances cover criminal cases
It contains the entire criminal history record
(Criminal Incident History) from the different
judicial courts and law-enforcement agencies
c. Immigration - Hold Departure Orders are for criminal cases
d. DFA/Embassy - Passport/Visa issuance is not dependent on CCs
e. Barangay - They cannot entertain complaints from a corporation
f. Courts - They mediate not collect
g. Other Countries - Their laws are not applicable to us. Remember Contemplacion?

2. They will visit our house and get my properties/Cause a scandal

Trespass To Dwelling is a crime against security - kulong sila.
Is there a court order? file muna sila ng case!
Get your properties? does your name appears in your electric fan?

Sec.13 of Rule 39 of the Rules of Court outlines some properties
they cannot get from you :
- family home
- salary/pension
- furniture ( beds/dining tables etc.)

Check mo Crimes Against Honor - Art. 353(Libel);Oral Defamation etc.

3. They will charge me with RA 8484 because:
-I transferred residence/office/went abroad
without informing them;
-I am defrauding creditors by not paying.

Did you used a fake card and supplied faked information?
(reasons why you do not want to pay)
Did you left your place “surreptitiously”? (look for its meaning)

If your answer is “YES”. Then, maybe you are guilty indeed.

4. They will file a case.

The Worst They Can Do, or What You Have Been Afraid Of

They wont ; They cant. Impractical, expensive,waste of
time and pointless. What makes you more important than the
other 999,999 accounts?
You've been complaining about high interest before? Now is the time.
Our compassionate Judge usually reduces it to 12% Interest PER
ANNUM na lang, ayaw mo pa noon?

And, even if they file a thousand cases against you, if you do not
have the money or identifiable properties, That’s IT!

5. They will come and talk to our Manager/HR ; cause a scandal

See no. 2 above and some suggested diskartes below

6. I issued PDCs.

BP 22 has been decriminalized. Just attend when invited. That is the
only requirement.

7. My account will balloon because of continued interest and charges.
I surrendered already my card but the charges wont stop.

Your card is automatically suspended even without you asking for it.
Your account will continue to incur interest and other charges
"until fully paid" - That is what your Card Agreement says.
So, it will never stop, but collection efforts can.

8. I will be BLACKLISTED

You cannot erase an experience,even if you pay it now. but you can
justify it - nawalan ka ng trabaho e. A good credit officer( not them
CC officers)looks beyond that experience.Why not try to find it out?
A good number of people do get to be issued new credit cards despite
the experience. Try before you quit. Pakiusap lang,
LEARN FROM YOUR EXPERIENCE.

SECTION B - Sources of Harassments:

a. Collection Letters

You already know what's inside. Throw it right away without even
opening it. No good news there. It will just spoil your day.

b. Text - SMS & Calls

delete. avoid sending replies. sayang ang load
divert those calls.

c. Visits

Ask for their ID, authority as representative and/or Court Order.
You have the right to refuse them entry if they cannot show one.
Then call for police assistance (This is their ACTUAL function)

Ito ngayon ang may imprisonment:
c.1 Trespass To Dwelling ( Crime Against Security)
c.2 Fraud - Pretending to be somebody
c.3 Extortion
c.4 Robbery
c.5 Oral defamation

d.Calls - office and home landlines

We always assume they are from the bank
how can you be sure? ask them that.

d.1 Don't take the calls. You have other better things to do.
d.2 If you can't avoid it, just make your replies simple, even if you
do not mean it, to avoid prolonging your agony
d.3 No need to explain why you cannot pay, plead that you be given
time,nor engage in an argument - all pointless.
d.4 Can't take the call anymore? Bang the telephone! That is your right.

e. Call/Text Messages

e.1 A case has been file already. To stop, call this number
- You cannot stop a case if already filed. It has to be formally
withdrawn
- Did you actually received a Summons? Ano ito,shortcut?
e.2 You have a package for pick-up
- You should know better

SECTION C - Venues for Sama ng Loob

Bangko Sentral ng Pilipinas is our friend.
So is the Bank President.
IBP/Supreme Court can remind lawyers
This Blog reduces tensions
Your friends are willing to lend an ear
Our support group - Diskarte, Pilipinas ! is on your side.


SECTION D - The Golden Rules on Credit Card Paranoia

Rule No. 1 – If you cannot pay, don’t
Rule No. 2 – Prioritize your need ; not their greed
Rule No. 3 - Don’t let them control your life. It’s your life anyway
Rule No. 4 - Disregard….delete…..dedma
Rule No. 5 - Dare To Fight Back ; Dare Their Bluff

Unfair Collection Practices

Reminder : BSP Cir. 454 Series of 2004 Sec. 7

Banks, subsidiary/affiliates card companies ,collection agencies, counsels, and other agents must observe good faith and reasonable conduct and refrain from engaging in unscrupulous or untoward acts. Following conduct is a violation of this :

a) Harassment

Debt Collectors may not harass, oppress or abuse you or any third parties they contact

1. The use or threat of violence or other criminal means to harm the physical person, reputation
or property of any person;
2. The use of obscenities, insults or profane language which amount to a criminal act or offense under applicable laws ;
3. Disclosure of the names of the credit cardholders who allegedly refuse to pay debts, except as allowed under Sub-sec. X320.9 and 4301N.9;

• repeatedly using the phone to annoy someone

b) False Statements

Debt Collectors may not use any false or misleading statements when collecting a debt.

1. Threats to take any action that cannot legally be taken;
2. Communicating or threat to communicate to any person credit information which is known to be false including failure to communicate that a debt is being disputed;
3. Any false representation or deceptive means to collect or attempt to collect any debt or to obtain any information concerning a cardholder;

• falsely imply that they are attorneys or government representatives
  
• falsely imply that you have committed a crime
• falsely represent that they operate or work for a credit bureau
• Misrepresent the amount of your debt
• Indicate that papers being sent to you are legal forms when they are not
• Indicate that papers being sent to you are not legal forms when they are

Debt Collectors may also not state that :

• You will be arrested if you do not pay your debt
• They will seize,take,garnish,attach or sell your property or wages, unless the collection agency or creditors intend to do so and it is legal to do so
• Actions,such as a lawsuit, will be taken against you,when such action legally may not be taken or when they do not intend to take such action
• Send you anything that looks like an official document from a court or government agency when it is not
• Use a false name

Debt Collectors MAY
1. contact you at unreasonable/inconvenient times ( before 6 a.m. or after 10 p.m.) provided:
a. account is past due for more than 60 days; or
b. cardholder has given express permission; or
c. said times are the only reasonable or conveninet opportunities for contact


Should you wish, you can either send these concerns to :

ELVIRA E. DITCHING-LORICO
Acting Deputy Director and Head
Financial Consumer Affairs Group
Central Supervisory Support Subsector
Bangko Sentral ng Pilipinas
Mabini, Manila
e-mail: consumeraffairs@bsp.gov.ph

Alicia A. Risos-Vidal
National Director for Bar Discipline
Integrated Bar of the Phils.
IBP Building, No.15 Julia Vargas Avenue,
Ortigas Center, Pasig City, Philippines




Note: The numbered conditions are from the BSP guideline, the rest came from FDCPA.

Next.. The Amnesty Program