What's Your Paranoia Score?

This is now the 20^th chapter of the blog. Take this simple test to find out if you can now move on or is still stuck in the Credit Card Paranoia quicksand.

True or False

1. I will be imprisoned because I failed to pay my credit cards and personal loans.
2. The threat: If I don’t pay today, a subpoena from the court will be sent tomorrow.
3. The attorney informs he has filed a case in RTC about my unpaid P 10,000 debt.
4. They are going to get my properties if I cannot pay them;
5. A preliminary attachment has been filed in court against me.
6. They are collecting from my father because I am just a supplementary
7. A civil case will be filed against me for violation of RA 8484
8. Mr. Collector told me “not to dispose my properties or withdraw my deposits”
9. My name will be published in the newspaper because I did not pay my debt
10. One of my option would be to write the bank president for a reconsideration
11. I transferred residence without informing them. This is a violation of RA 8484.
12. The collector is allowed to call or visit me at any reasonable time.
13. I called the number given to me and talked with Atty. De la Cruz.
14. The collector told me to pay P 5,000.00 first before being given an SOA.
15. They will ask our HR to hold my salary.
16. An HDO will be issued if I returned here due to my obligation with them
17. I am liable for BP 22 because I issued PDCs for my utang.
18. My credit records will be “cleansed” if I pay my utang 10 years ago.
19. I cannot open a savings account if I am on the negative list.
20. The bank can pay my utang from my deposit with them without informing me.

still unsure of the answers? go ask.

The Recovery Ward

Congratulations for having handled your Paranoia! It's time to move on.
And what is better to do it than to seek extra income. Care to share? Diskarte, Pilipinas! was created especially for this.
Let us bury the past.

DISKARTE NI MR .COLLECTOR

Thanks talaga banker for the ideas on how are we going to handle this CC dillema. I have been following your advise not to read those "love" letters from the collectors or entertain their calls. Since i defaulted never na ako nakikipag usap to them kasi i cant pay naman so it would be useless to make a deal with them.

One time a collector from Citibank called up in the office. He was looking for me and fortunately i was the one who received his call. I simply told him na Ms. Worried is on indefinite leave pa and i was using another name. Tapos galit na galit yung collector. He pressumed na ako palagi nakakareceive calls for Ms. Worried dahil siguro sa boses. Then he asked if i informed daw ba Ms. Worried about his calls, and i said yes. Tapos ask na naman siya kung ano sabi ni Ms. Worried and I said wala naman sinabi basta informed her about your calls. To the point na nagalit na talaga siya katatanung kasi as if innocent talaga ako about his concerns for Ms. Worried. Panay tanung kung kelan mag back to work si Ms. Worried tapos sabi ko "indefinite leave nga, hindi mo ba alam ano ibig sabihin non?". Tapos kung anu-ano na sinasabi nya, not knowing na ako yung hinahana nya. So i told him. "hey this is Ms. Worried's boss, if you have personal concerns for Ms. Worried sa kanya mo sasabihin yun dahil wala nman ako pakialam don. And dont harass the people here in the office because this is not a business call for Ms. Worried, she is not allowed to entertain any personal calls". Then i asked his name pero he didnt give. In fact ako ba binalingan ng tanung ng name ko but i told him " No, I wont give my name unless you give your name" pagalit ko rin sabi. Yun napikon si collector kaya binaba nya ang phone...hehehehe

What's YOUR Diskarte?

I made a terrible mistake today :D

I answered the phone and talked with a collector form PSBank. The good news is the collector was very polite. Maybe its because I told him I was the "sister" of the one he was looking for. Hehehe

I guess he was following a script because he was reciting the usual lines.... the account has been referred to us blah blah blah... pay or we will file... blah blah blah.

Maybe its because I never spoke with any collectors since my account became delinquent or maybe I feel a bit tougher, knowing about my rights and such --- I found myself lecturing the collector! about criminal case vs civil case, estafa vs failure to pay due to financial constraints, and even about negotiating with the CC directly.

The collector was actually at a loss for words. I told him there is no point in calling again since my sister (me) refuses to have anything to do with collection agencies and is negotiating with Metrobank (owner of PSBank) directly. I said goodbye and that was that.

after 30 minutes, the phone was ringing again and I let the maid answer it. Hahaha! Surprise! Supposedly it was a long distance call from Metrobank! I guess the first collector talked to his supervisor and decided to retaliate.

Of course, I did not speak with the person! Even as I am writing this, I am berating myself for answering the first call. Now, I can probably expect daily calls!

Sigh!

Is RA8484 For Me ?

14th December, 2007 ( Friday)

Dear Sir,

Today I received a letter from our friend that says about RA 8484. For me to understand what is it all about, I read and read and learned that it talked about :

a. credit card that is counterfeit, fictitious, altered, or forged;
b. access device that is stolen, lost, expired, revoked, canceled,
suspended, or obtained with intent to defraud;
c. access device that was applied for or issued on account of the
use of falsified document, false information, fictitious identities
and addresses, or any form of false pretense or misrepresentation;

I pondered and said to myself - indeed these are really against the law.

But wait, a certain clause caught my attention :

"A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application ...... shall be prima facie presumed to have used his credit card with intent to defraud."

Hmmmm....When I applied for a credit card, and until now, I am still staying in the same residence as indicated in my application form, although I have now lost my job.

Did I abandoned my residence or employment?
Did I left surreptitiously these addresses?
I looked up for that meaning and found out it means "secretly", like a thief leaving your house.

The letter said I could be charged, if evidence warrants.

I am holding their letter, therefore I can be found! They are right - there is no evidence to the contrary.

Thank God. It is Friday the 14th, a day before and I'd be damned.

Sincerely,

CC Victim

Dahil Mahaba na ang Queries, PLEASE e-mail us instead
diskarte@live.com

Am I Civilly or Criminally Liable?

Civil case

A non-criminal lawsuit involving breach of contract ( like Credit Card Agreements), property issues, divorce and other varieties of civil lawsuits. It is the individual who feels wronged or injured (the plaintiff) who decides whether to file a civil suit. The plaintiff cannot seek to have a defendant jailed unless the defendant has violated a court order.

Criminal case

A lawsuit brought by a prosecutor employed by the government that charges a person with the commission of a crime. The defendant is charged with a crime against society such as murder, burglary, robbery, or theft.

Criminal Law
complainant : the state/ government.
punishment : fine and/or imprisonment.
proof : beyond a reasonable doubt
appeal : defendant
decision : guilty or not guilty

Civil Law
complainant : anybody
punishment : The loser in a civil case cannot be imprisoned, even if he or she
cannot pay the damages.
proof : preponderance of the evidence
appeal : either party
decision : plaintiff and the defendant may be found partially right and

and partially at fault.

The Credit Card Medicine

Harassed by our friendly Atty. Collector? no need to argue, nor explain. No need to pay a token amount "to show willingness to pay". There is also no need to sign anything.

Just go and ask for your detailed Statement of Account, or better yet,a Bank Certification of your outstanding obligation with them, duly signed and certified correct.Do it formally, in writing via registered mail or if done verbally, follow it up with a confirmation letter. Address it to whoever is asking you to pay.

THAT would be your defense and reply for those :
a. annoying calls and SMSs
b. threats to visit your home or office
c. threats of RA 8484
d. threats of filing a case
e. harassments from "NBI, Police, Barangay" or even the "court".

Let them prove first that you owe that much before you pay, otherwise, what debt are they talking about?

Let us not assume that everything is always true - that they are really from the bank, that they are authorized, that they are lawyers or that you owe them debts.

In God We Trust, all others, we audit.