Me, A Criminal?

I often read about collectors informing Credit Card borrowers about RA8484, for not being able to pay, they are ‘defrauding creditors” kuno

NEWS ITEM

CRIMINAL charges were filed yesterday against two men believed to be part of a syndicate scamming credit card firms through fake applications.

Mr. X & Mr. Y were charged with violations of Republic Act (RA) 8484, which regulates the issuance of access devices like credit cards and prohibits its fraudulent use.

RA 8484 defines the crime as “the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation” in the application of an access device.

This is giving misleading information. Simply transferring residence is not misleading them, hence, not subject of RA 8484. The important word there is “surreptitiously”

note:
originally published under our wordpress site;
republished here due to increased requests

Financial Marathon

It's a never ending chase towards " FULL PAYMENT "

Every month, you pay P 1,000.00 because :

-It's all I can afford
(then prioritize your family needs first)
-To show willingness to pay
(they dont care ; they'll even demand for MORE)
- To stop the harassment
(sorry to disappoint you,but it won't,it will in fact just intensify)
- They told me so
(and you believed them?)

But your interest and penalty charges alone amounts to P 2,000.00
monthly!

STOP. Beijing Olympics is over. but your payment wont.

My Debt

Debt is a humbling, not humiliating, experience.

The Credit Card Grief

Credit Card Grief
(Based on Elisabeth Kübler-Ross’ Five Stages of Grief)

1. I Can Still Pay.

Denial
A conscious or unconscious refusal to accept reality relating to the situation concerned.
It's a defense mechanism and perfectly natural.

2. Why Do I Have To Lose My Job At This Time?

Anger
Angry with themselves, and/or with others, especially those close to
them.Knowing this helps keep detached and non-judgmental when
experiencing the anger of someone who is very upset
(e.g. parent/husband/wife)

3. Can I Only Pay What I Can Afford ?

Bargaining
"Can we still be friends?.." when facing a break-up. Bargaining
rarely provides a sustainable solution.
( Remember the “Amnesty Program”? )

4. They’re Going To Sue Me!

Depression
It's natural to feel sadness and regret, fear, uncertainty, etc.
It shows that the person has at least begun to accept the reality.

5. Go Ahead, Sue Me!

Acceptance
An indication that there is some emotional detachment and objectivity.

Virus

According to Wikipedia, a virus is a sub-microscopic infectious agent (sounds familiar?) that is unable to grow or reproduce outside a host cell. Therefore, the more you entertain and feed them, the more YOU get harassed.

Although viruses cause disruption of healthy homeostasis, resulting in disease, they may exist relatively harmlessly within an organism.
meaning,if you do not show fear

Often, a virus is completely eliminated by the immune system.
(remember Rule No. 5?)

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....

Konsensya

Somebody sent me a message last Saturday:
"Banker, I borrowed 5/6 to pay the collector. Nakonsensya
kasi ako sa sinabi nya - kapal daw ng mukha ko, utang
ng utang, ayaw ko naman daw bayaran"

Scene I - Sa Bahay

" Anak, wala tayong ulam ngayon ha? binigay ko sa collector
ang pambili kasi na konsensya ako"

" at saka, yung tuition mo, hinde natin mababayaran na rin,
alam mo, na konsensya kasi ako sa utang sa credit card."

Scene II - Sa Bank

The Bank - its an inanimate object. It does not feel hunger.It does
not feel pain.In fact, it has no feelings at all.

Scene III - Sa Isang Hang-out

Mr. Collector and his gang are happily drinking and enjoying the night,
what with his unreported commission,may matching pulutan pa sila.


My friends,I dont think its konsensya. How about calling it
P R I D E ?