One of the causes of financial burden of a lot of Filipinos is their credit card bills. With the availability of various credit cards issued by banks and the convenience of “buy now, pay later” cashless purchase, a lot of Filipinos enjoy shopping using their credit cards. Without proper credit card usage, it can lead to huge credit card debts eventually having you as slave as you work for the rest of your life just to pay for it.
With a number of credit card bills left unpaid in the Philippines and the threatening practice of credit card debt collection agencies, the big question that leaves the minds of these credit card holders is:
Will I go to jail if I have credit card bills left unpaid?
The answer to this question is a big NO as the case involved is just a CIVIL CASE called SUM OF MONEY. This is what I learned upon my employment in an asset management firm before.
Banks usually get the services of debt collection agencies on a “no cure, no pay” basis. They are on a commission basis. That means, if they have not collected any amount, then they wouldn’t be paid for their services. That’s why you can see these agencies threaten you with demand letters and text messages ordering you to pay your credit card bills or else they will file a lawsuit against you and that they will put you to jail. Yes, they can file a case called SUM OF MONEY but this can not put you to jail even if you insisted not to pay for it.
Credit Cards Philippines
What is RA 8484?
Some of these credit card collection agencies threaten to file a criminal case called Republic Act 8484. As long as you did not fake your identity in your credit card application, be calm. This is the case they can file if and only if you defraud your identity. Again, they can not put you into jail by merely not paying your credit card bills even if they send demand letters threatening you to pay for it. Remember that they are doing all they can do to force you to pay for it because their services are on a “no cure, no pay basis”.
Setback of Not Paying Your Credit Card Bills
Since you won’t be jailed by not paying your credit card bills, I am not encouraging you to just leave it unpaid because it will haunt you in the future. One of my readers before who is working as a manager had an unpaid credit card bills due to fraudulent purchases. She told me that the bank where she is working had a recent audit of the credit history of their employees. Her concern is her fear on losing her job as the company policy dictates that all managers and executives should be cleared from the list with bad credit history.
Aside from company policies whenever applicable, the bad thing about not paying credit card bills is that your name will be listed under the directory with bad credit history. This will give you a hard time securing any type of credit or loan in the future as the database is mostly shared by banks.
The best way you to take is to manage and discipline yourself in using your credit cards. Moreover, you should also secure your credit card against fraudulent transactions.
Unfair Debt Collection Practices
As a rule, banks, affiliate debt collection agencies, and debt counsels may resort to all reasonable and legally permissible means to collect amounts due them under the credit card agreement. However, in the exercise of their rights and performance of duties, they must observe good faith and reasonable conduct and refrain from engaging in unscrupulous or untoward acts. The following are considered unfair collection practices which are considered illegal according to BSP Circular 454 (Amendments to Provisions on Credit Cards)
a) The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person.
b) The use of obscenities, insults, or profane language which amount to a criminal act or offense under applicable laws.
c) Disclosure of the names of credit cardholders who allegedly refuse to pay debts, with certain exceptions.
d) Threat to take any action that cannot legally be taken.
e) 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.
f) Any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a cardholder.
g) Making contact at unreasonable/inconvenient times or hours which shall be defined as contact before 6:00 a.m. or after 10:00 p.m., unless the account is past due for more than sixty (60) days or the cardholder has given express permission or said times are the only reasonable or convenient opportunities for contact.
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Hi ! I have the same problem… after paying much of the amount , there was still a balance owing about 5-7500 , and I am sure that this amount could be xxx infinity since this was about 10 years ago.. would you recommend settling this directly to the bank itself ? or thru the collecting agent ? would the bank charge me the whole amount or they would extend some leniency by just paying certain portion of the amount and or the whole amount over a period of time ? hoping to receive a response. thanks
Dear Zaldy,
NO… the backlogs will in fact reset after ten years… meaning it automatically gets deleted. I have a friend who defrauded his VS way back 1998 and, voila, he was able to get an Amex and MasterCard in late 2011. Amazing, isn’t it?
Hi,
just a quick question about, A.M. No. 08-8-7-SCRULE OF PROCEDURE FOR SMALL CLAIMS CASES, is this good for person to person loan? My problem is, someone loaned 50th sakin, den we agreed on a 10% interest per month, we have the loan agreement contract. She said she’ll pay it in 6mos every 15th and 30th of the month. Now, the problem is, she’s always late in payment and ang hirap nya pa singilin. I always have headaches when it comes to due date coz she always have excuses. She missed 1 payment but she pd interest on it. But i want her to pay the whole amount already coz of the trouble of paying every cutoff. Could I file a Small Claim against her because of the poor payment she’s making? I’m really sick and tired of dealing with her. She still have 5 more payments left. Please advise. Thank you.
Hi Tyrone,
Hope you could give me some advise. My question is about the A.M. No. 08-8-7-SC RULE OF PROCEDURE FOR SMALL CLAIMS CASES. Does this cover person to person loan? A person ask for a loan of 50th, she said she’ll pay it in six months every 15th and 30th of each month. We agreed on the interest of 10% per month and have a loan contract to prove it. She didn’t have a checking account and she ask her friend if she can use it. So she gave me 12 dated checks as payment. The first 5 payments was ok, no problem with the clearing of the check. Now on the 7th payment, her check bounced and she didn’t even contact me. So I called her, she said that she’ll deposit cash instead to my account. She did after 5 days, and didn’t ask for late payment. Without me knowing, her friend closed the checking account because of that incident. Now she ask that if she could pay cash instead on every pay off, so agreed. But after that, she is always late on her payment for about 4-5days, though I’ve been demanding payments. Last payment she was supposed to make, she ask if it can be moved and she’ll just pay the interest. Though I didn’t agree to the movement of the payment she just deposited the interest of the loan. So I let it go, its good than nothing. Now I’m having hard time getting payments from her, she’s always late and making excuses. Is it possible to have this filled for Small Claims? I’m demanding for full payment but she just says she can’t. I’m just sick and tired of dealing with her. If computing all her payments, she haven’t even paid the whole principal amount of 50th. Haist! I just want to get over this and move forward. Please advise. Thank you very much in advance.
My question is , after paying my credit card that has been endorse to collection, will my credit card be activated after? pls answer
i need an adivce please help, alam ko po nagkamali ako for not paying my credit card, ngaun po kinasuhan po ako ng estafa tapos po may pumunta na po sa bahay na kapitan sa amin at kagawad iyak ng iyak ung mama ko po kasi xa po ung naabotan please help me po ano po gagawin ko po.. may police po kasi na tumawag sa kanila tapos ngaun tinawagan ko din ung police ano po gagawin ko po??? mapupunta po ba ako sa prisinto???? please help me po hindi na po ako makatulog
hi debie jean, try this blog ,this really helps.. http://livingonelife.blogspot.com/2006/04/credit-card-woes-call.html
nananakot lang sila, hindi ka makukulong.. that site really helps!
me tanung lang po ako pwede po akong i hold sa NBI o kasuhan kung di ko mabayaran yung aking credit card?thank you po
by the way debie jean, pag andun kna sa bnigay kong site press CTRL+F then type “pulis” makikita mu agad un info abt sa halos same na case mo..and ull know what to do..thanks!!
hi pwede po humingi ng advice my pumunta po kasing collector ng credit card at binigyan po aq ng letter tinatanung kung kelan ko po settle ung utang ko acvtually po hindi ko sya nabayaran sa dahilang kapapanganak ko lang last nov at ubos ang pera ko.. at nawalan p ko ng work… huhulihin po b nila aq at dadalhin sa presinto pag d aq nkabayad
pupuntahan ba ko ng baranggay at police at iskadaluhin para magbayad at hulihin para ikulong
hindi ko po ksi alam kung kailan ko po mbbyaran dahil maghahanap plang aq ng work at wala aq pambayad ngaun
i really need po ng advice tungkol po sa credit cards. I have a delinquent account from HSBC amounting to 20k or more last 2009 pa po. ndi na po kc ako nakabayad kc nagresigned na ako sa work ko at lumipat na rin kami ng residency that time without informing them. Ngaun pong feb 2013 pinatawag po ako sa barangay kc daw may naghahanap daw po sa kin from MAKATI RTC tnxt lng daw po sa kanila ung name ko with middle name at precinct number ko sa comelec. then ang ginawa ng barangay hinanap po nila ako at binigay ung number nung sa makati RTC. tinawagan ko po tapos ang sinasabi magfifile na daw po ng criminal case sa akin ang CITIBank tungkol po sa delinquent account starting Aug 2009. tinanong nya po ako kung ako un pati ung b-day ko…sabi opo tpos nung cnabi na ung address ndi po tugma dun sa address ko. KC nung nag apply ako ng credit card iniba po ng agent ung adress ko pero ndi po un ung cnabi nung sa MAkati RTC kaya sa bi ko ndi po ako un . cnabi ko po na meron po akong dating credit card HSBC. nagbgay po syang number at name sa akin na tatawagan ko para i clear po ung name ko…..kaya po nagtataka ako kung bakit ganun….gusto ko po sanang tawagan ung nirefer nya per sana bigyan nu po ako ng advice before po akong tumawag para alam ko po gagawin ko
Hi. Tatanong ko po. pde b un ung wlng dmdting sakin n notice gling rcbc. Tpos pgktpos ng isang taon ska aq pndlhn ng sulat n gling sa firm. N kailangan ko daw byran sa araw n in. Tpos late dumatong ung sulat. Nlpg ugnayan aq sa rcbc sb nila ing card ko daw ay nsa collector daw. Pinablock ko n ung card ko mtgal n a alam ko wl n aq balanse. Tpos tnxt as nung collector n sinungaling. Tpos tnxt aq ngun n nkfile daw ung kaso ko. Ano b dpt kng gwin my nkausap aq isa sa collector n ok lng daw sa knila n wg ko daw byran. Bkit ngun tntxt aq nung isa pang collector. Buntis pa nmn aq tpos kbuwanan ko ngun. Pksgutn po agad. Tnx po
Please. Kelangan ko po ng sagot. Follow up question po. Kksuhan daw po aq ng rep act8484. Ano po b dpt kng gwin. Wl po aq trbho at kkumpisa lng ng asawa ko.sa trabaho.. Hnd ko nmn ginusto n mgkroon ng cc. Ngulat nlng aq n my cc ng dumating sa add ng bhy ng parentd ko. Ngrerent po kz km ng bhy kya wl kming sariling add n pdng gmtin kundi ung sa parents ko. Msyado nila aq gngpit s gngw nila. Tnx po. Need ko po ung sagot pra alam ko kng ano ggwin ko.
Tyrone,, pkisagutan nmn ung mga tanong ko. Kz nttkot n aq bka mapaanak aq dito wl sa oras.
Wag kang matakot kasi wala ka naman dapat ikatakot. Makipag negotiate ka sa kanila. May valid point ba sila sa claim nila? Ginamit mo ba talaga credit card? Anong basehan nila sa pagsasampa ng RA 8484? As I’ve said, RA 8484 is about fraud ng identity. If wala naman sila valid reason to file a case like that, then wala kang dapat ikatakot. Hayaan mo lang sila. Sabihin mo lang na babayaran mo CC mo and that you’re willing to negotiate for payment terms kahit pakonti konti.
may question lang din ako na parang wala pang nagtatanong tungkol dito: may outstanding balance ako sa cc pero medyo mahirap ang pagbayad sa ngayon, lalo at puro minimum amount lang lahat ang nasisettle ko- at sa tingin ko pag hindi ko nabayaran agad ay lolobo pa lalo ang babayaran ko in the future, since di pa naman totally ubos yung laman ng card pwede ko bang ipa-CUT OFF na lang yung card at makipagneqotiate ng amnesty- na babayaran ko yung balances na equally divided in 6, 12 or 24 months or kung anuman ang available na negotiation na maaari nilang ioffer. Meron bang ganung scheme sa credit card na pwede kang magrequest ng cancellation ng card halimbawa kung ayaw mo ng gamitin. salamat!
hi tyrone. need help so badly my mom received an estafa letter…citibank! they hv already an agreement with the bastos agent na will pay soon as promise due is 100k agent bargain to pay 50k in full! but the case now they sent a letter estafa! what to do? as of now cnt pay the amount in full.. so jst depo 4tho for the meantime.pls advice do u have a twitter?thank you
makukulong po ba or my pulis punta sa haus pag my estafa letter? i wanna ask citi for settlement po na if pwd kaya e freeze ang ac tas bayaran muna like paunti unti until dumating retirement niya? thanks po .pls advice wat to do.. kasi ilan months na pala hindi nakabayad alam nmn ng agent. now nag send sila ng estafa sa dep ed pero today will depo for the account..huhu pls help
Dear Tyrone, so this week i was able to deposit 5tho to my account. The Atty called today sabi if i can seetle end of this March they will give clerance, my offer and bank daw na 25k. Ok na ba yon? due was 100k account citibank card been expired since 1010 and my account was used for fraud but still i was paying for it.
pls advice.. the agent citibank will call tomorrow. i can’t accumulate 25k for next week. may 29:( but seems a good deal. Ibig po ba sabihin ng clearance wala na ako babayaran as in baka mamaya singilin ako.:( kung hindi daw kasi file sila estafa. PLEASE REPLY ASAP.thnakyou
Tama only civil case lang pwede.
“No one shall be imprisoned for the non-payment of debt.”
Hi,
Even if you will not go to jail, it is not right not just to pay your credit card debt. Make sure to buy things that you can pay or afford.
Hi,
I have alot of credit cards shared with my bf. I trusted that he will be able to pay for the purchases, but he got bankrupt. Note that these are several accounts with more than 50,000 on debt each-which now amounts to about 200,000 each because of the interests. I currently don’t have a stable job and all credit card collections agencies are threatening me or else they will file a case against me, of course I dont want to go to jail. But what happens? Is it critical because I have different accounts all under litigation now? I am so scared of them already. I can only force my bf to pay but he really can’t afford it at this time. It was my fault of trusting him so much that I got myself into big trouble.
Thanks for your help.
Stella,
You may apply for an amnesty or you can pay the bank in “hulugan” but they will freeze the amount (ie. no more interest accumulating). Ask them if that is possible.
Amnesty means you will pay in full but they will remove some (if not all) the finance and/or late charges.
Ginawa ko na yan pero credit card ng ex-gf ko. Ako nag bayad.
hi, i had a multipurpose loan with a bank before, my mom asked me to get that loan because we we’re starting a business. i was approved for a loan but after a year that of loan mom mom passed away and i had a hard time paying the loan. i was able to pay half of the loan but then bec of financial hardship, i stopped paying the loan. Does somebody goes to jail but not paying their loan with a bank? is it same with credit cards?
I have a credit card debt before and the agency called and says that if we pay on this amount, all will be settled. Since i don’t have enough money to pay for the whole amount, we asked if we can pay in 3 months PDC, so they approved, the money was settled. After 2 years, another agency from same credit card company called to my home again, claiming that I haven’t paid my debt to the bank. The new agency said that it is the strategy of the old agency to tell people to pay an amount, and all the debt will be finish.
My question is how we can complain with this kind of anomaly where the Bank changes a new agency and collect money from us again?
Hope you can help me regarding this matter.
Thanks
Simon
Hi! I’d like to know, if I have an existing debt with a credit card company can I still travel out of the country? Since this is going to be a civil case, will I have a record with my NBI cert? last, there are some collection agency threatening that they will go to the house or office of the cardholder and will be demand for payment? Can they do that?
Thanks
Diana
i just want to ask, if my account has already been transferred to the collection agency, does it mean i already have a bad credit standing and i will not be granted anymore bank loans in the future?
hi! i’d like to know if i can still apply for another re-construction of my account with a credit card company. last year when i started to get bankrupt. i settled with an agent and she made sign a contract stating that i will pay a certain amount on a monthly basis. i was able to make payments for 8 consecutive months but recently, i think it has been 3 months that i failed to pay because of financial hardship. they turned over my account to collecting agency. what can i do about this? i cannot pay in full the amount stated in the demand letter sent by the collection agency. can i just go back of paying my monthly due without communicating with the collection agency? can i go to jail since i already signed a re-payment contract before? pls advice. thanks. more power.
I was informed by our Brgy Captain that a certain police inspector called him to inquire about my whereabouts due to a warrant of arrest for not paying my credit card. I was shocked hearing this and we immediately called the number provided by the police inspector. A certain lawyer answered my call and informed to pay an amount and he will settle the case and warrant. I was so scared my entire family was so nervous. I did not issue a check but due to change in address I was not able to receive their letter of demand and its my fault not to contact them in the first place but to get such a scare is so traumatic. I paid the amount and now waiting for confirmation if indeed my so called case has been dismissed. how can i know if this case is existing or not?
Gusto ko lang po sana malaman kung ano po ang mangyayari if lumipat muna ako ng house para lang maiwasan po ang mga nananakot na collectors at para maiwasan rin po ang pagkapahiya…actually that is my first plan pero i’m not sure if this will help, confused syempre kung ano ang mangyayari, pero i’m planning to pay my debts sa banks mismo directly kapag nakaipon na ko and i will request the bank na babaan ung debt ko.
Pls give me advice naman, or kung ano manyari kung lumipat muna ako ng tirahan. Thank you sa inyo.
Paano po kung through check yung payment ng loan,pwede kya ipa-convert yun sa cash payment na lng and kung pwede makipag-settle na gawin n mas mababa yung monthly payment kasi 4,000+ ang binabayad namin monthly pwede po kaya maibaba un at least half kasi we’re going through financial problems as of now,tnx.
hello! i would like to know what is RA 8484? just today i receive a demand letter from a law office which the credit card company forwarded my account.. they stated therein that they are going to file civil and criminal case for not paying bill.. pls help what can i do? they gave me two days to settle my account. thanks much. God bless.
Hi!
can collection agencies put you on the hold departure watch list? have been sent notices stating they have placed me on the list. i checked the philippine bureau immigration’s site but their hold departure list is not updated. what are your thoughts on this. hope you can share.
regards
luis
Hi . Can i file a complaint against the collection agency, one time when i arrived home , my niece is on the phone then she pass the phone and it was a collector saying all nasty things. I dont think they are allowed to call on weekends and im talking about saturday here, worst is the collector told my niece to turn the stove on then look for a match. That gay collector doesnt even want to give his number.
Kanina may weird guy looking for a family saying that she owes them 300K. grabe kasi the guy told me na taga munisipyo daw sya. To my surprise card collection yung purpose na pag punta nya, I know that there’s something fishy kasi for that reason mag-aaksaya ang isang tao na taga Munisipyo na hatid yung notice and upon reading the person (family) was ask to explain in 15 days. The notice was dated Oct 18 and they had it delivered personally (the personnel from Municipal Hall) exactly on the due date which is Nov 3. So, Im looking for someone who can advise me kung anong gagawin namin kasi feeling ko hinaharass nya family ko ang this is something that I will not allow anyone to do unto my family.
upon reading the NOTICE THE person (family) was ask to explain in 15 days. The notice was dated Oct 18., and they had it delivered personally (the personnel from Municipal Hall) exactly on the due date which is Nov 3. So, Im looking for someone who can advise me kung anong gagawin namin kasi feeling ko hinaharass nya family ko ang this is something that I will not allow anyone to do unto my family.
Hi, i would like to ask an advise from you kung ano ang dapat kung gawin. Actually, i’m not the cardholder it’s my husband.
Noong 2008 nag stop na po ang payment niya sa tatlong credit cards niya dahil nag resign siya sa work niya. Ngayon naka work na siya sa ibang bansa kaso lang po ang salary niya is only enough to provide the needs of our kids. Hindi pa kasya to pay his credit cards accounts. To make the story short, now i received a letter from 24K Accounts Consultant, Inc., which addressed to my husband name (as cardholder) sympre he is not here, i opened and read it.
It was written as “FINAL NOTICE” it stated here in their letter that they will accused my husband in article refer RA 8484 (section 10 and 14). We did not abandon our place, sana ang kanilang letter nag “return to sender (nagbalik sa kanila).” Ito pa ang contents ng kanilang letter: While you may rely on information that “no one goes to jail for unpaid debts” the same does not hold true with credit cards. The same law RA 8484 (section 10), provides for a penalty of imprisonment for a period of 6 to 10 years for the violation of the said law.
They said they are giving a last chance to abort the filing of civil or criminal action against my husband if he could pay the overdue account a balance of P31,500.00 (which i know grabe na nga interest na pumapatak dito). If not, they are offering a discount of P15,000.00 to pay only before october 24, 2011. Eh,paano na received ko ang letter nila this november 20, 2011 lang. We are willing to settle it soon but not now. Ang worry ko lang po, malapit na ang bakasyon niya dito sa Pinas. Ang tanong ko lang po, maapektohan ba sa immigration ang pangalan niya? Ano po ba malagay ang pangalan niya sa hold watch list sa immigration? ang alam ko this is only a collection case.
How true is this RA 8484 (section 10 and 14) they have accusing to my husband? Matuluyan ba he will go to jail if he could not pay his accounts? Worried ako dahil first time ko naka tanggap ng ganitong letter. Please help us, what advises you could give to us? Para at least magkaroon din kami ng peace of mind. I’m looking forward for your immediate response. Thank you.
Hi there!
I have applied for my CC’s settlement program. But the problem is, they’re threatening me now because I was not able to continue my payment with them. But my balance is only a small amount (11,780.00 only). I deposited 2,500 just last month. Now their collection agents are telling me that they’ll file a lawsuit against me under RA 8484. I am only worried because I have signed an agreement that I will abide with the monthly consistent payment method prior to the approval of my settlement plan. Can they put me to jail or somehow sue me because of that agreement I’ve signed?
hello, just ask if what will happened to my case if I failed to pay my credit card debt since July,My aunt receive my demand letter from the collection agent yesterday but I can’t communicate with them because I am here in Europe searching a job but not yet found… My credit card was named under my single status name but now I am married but I had not change my status to my credit card. Is it possible to become a creminal case? Please advice because i don’t know what to do and my aunt keeps on panic to my demand letter
Follow up question, pwede ba sila mkapag file ng case against me even if nasa ibang bansa ako? It’s not intentionally na lumabas ako ng bansa para iwasan ang debt ko but nagkataon na kinuha na ako ng asawa ko…. If ever mag file sila ng case against me, should I be arrested when I go back in the Philippines….
question:
I have received a text message saying that they will file a civil case against me for not paying may debt on my HSBC credit card in relation of RA 8484 section 14. Defrauding po ba maituturing on my information kung recently this year e lumipat kame ng tirahan pero same pa rin naman yung office kung san ako currently nag wowork and sa office din naman yun billing address ko? papano po kung may pumunta police officer sa office? what shall i do?
thank you in advance
Question:
A law firm send me notice that they file a criminal case against me RA 8484 and they will hold my NBI clearance.This is from HSBC credit card.
Please advised on it
i have an unsettled credit card debt in dubai. ngayon may ngsend sakin ng warrant of arrest from DOJ daw.. check ng tatay ko sa DOJ kung may ganun ba tlga, sabi nila ndi sila ngsesend ng warrant of arrest na wlang pirma at wlang signature.. ngayon sobra akong kinukulit nga taga DOJ daw cya at isang lawyer.. asking me to settle my debt before daw icontinue yong case. ngyon andito ako sa malaysia, and they still bugging me.. they sent me emails addressing to phil. embassy here sa malaysia.. texting me na ipapadampot nila ako kung ndi ko masettle yon. nagbigay na raw yong attorney ng hold departure order sa embassy..
possible po ba yong mga sinasabi nya?
if my non payment of my credit card is in court already. what will happen, should i go to jail? is amicable settlement not possible?
Hello po, i just want to get some advice on what to do. i am currently paying my bills on my credit card. Not too much of the amount that is stated on my bill, mejo short pa kc ako ngaun. Pero consistent naman po ako s pagpay ng bills, kaya lang napansin ko, parang ang konti lang ng nababawas sa utang ko, almost 70% ay napupunta lng sa service charge. For example i paid them 1k, 300 pesos lng po nbbawas s utang ko. Hindi ko po alm ggawin ko kc i want to keep my credit card still pero prang abuso naman po yata sila. Please advice.
I had a same problem with wanda, i tried my best to lessen my balance but it seems so much charges went onto my account. A few pesos makes me overlimit to just a value of less than 200. i purchased where my remaining balance has a lesser value of just only 100 difference. , i was so confident that if the balance is not sufficient the transaction will not allowed. They allowed it pass, i was charged. The other thing, i paid almost 1800 to lessen my balance however it was underpaid of just only 200,.i expect late charged & finance charge- with all computation I made balance less payment plus charge, it wont over my credit limit..upon hearing my updated outstanding over the phone ,it blown much higher to my last billing. Whew. Where does 1600 charged came from. Does a bank consider a review of the charges they made?
Totoo p bang makakasuhan ka ng RA 8484 pag lumipat ka ng bahay without informing the bank?
I will appreciate it if you will reply to my query….
hello po, ask lng ako ng advice or some opinion again, the situation is I have an unpaid debts to HSBC before I got married worth 24 thousand pesos, few months after I resigned my job in Philippines, then I transferred my CC bills to the house where I have staying before, then after I got married but i missed to changed my status to my CC, and I renew my passport due to changed of status. I travel here in Europe and stay with my husband, but my bills sending at home in the Philippines. Is it possible to considered as defrauding my information due to this ff. factors? Please help me and give me an advice.
Hello i was a bankard cardholder i think on 1999 that when i was still single. I remembered then that a lot of my co-workers were complaining about the hidden charges and we even wrote the bank about it. and now a letter was sent to my parents house coming from a certain lawyer here in our city. according to my sister the letter inside was coming from Pasig City metropolitan trial court stating that my husband is also severally liable…i just wonder how come they know the address of my parents and why should they include my husband? i only got married last 2006. it was years ago and i almost completely forgot about it. if they file a civil case against me, why is it that the court did not send the letter directly to me. and now since the bagyong sendong, we are really in financial crisis, most of my things are destroyed and washed away by the flood.
will I be go to jail for not informing the credit card co. of my new add.? even though my billing add is in my office?
TIA..
@tyrone, I hope you can give me a good advise too.
I have 8 credit cards and 5 of them has outstanding balances, . I maintained a good credit standing, Since 2006 till now . But I think I cant be no more,.
My husband passed away last 2009 and I was left nothing except 3 kids studying,Soon to go 2college and high schools.I tried putting up bizness in 2010 but it was bankrupt. All the credits I had is for the bizness and for my family expenses, since I got no financial assistance.And the company I worked for was already closed last dec2011. So to pay my dues, I do balance transfer and long term payments with high interests. Thats why my debts blown up to 150,000 all in all with as much as 15k/ monthly amort.
I am just starting to get a new job with 12k mo/income. The problem is,my credits do not stop and my salary is still not enough to pay all my bills and nothing will be left to spend for our expenses,food and kids’ schooling thats why I keep on using my c.cards and availing balance transfers and loans.
What will I do? I am thinking to give up paying my cards , But I am worried that they may file me a case or something or bother us. Pls. give me advise what to do. thanks
my ps bank money card transferred my account to collecting agent, sinusubukan kong tawagan directly ang bank pero sa collectigng agnecy na rin nila kami nire refer. my money card has a credit limit of 70t but now na nakikipag settle ako sa collecting agent ang hinihingi nila sa aking bayaran ko ay 400t+, discounted na daw yun kasi nasa 791T na daw ang utang ko, and they are forcing me to issue a pdc for the restructed loan and pay the amount of 50t as my first payment. kapag hindi ko daw po iyon nabayaran ipu pursue nilang i file ang case ko sa korte dahil ang nagfile na daw po ng case sa akin ay ang BANKERS ASSOCIATION.gusto ko po talagang i settle ang account ko pero grabe naman po ang 400t, ano po kaya ang maganda kong gawin? Salamat po sa maagap ninyong reply
hi,
i have a similar problem w/ dianne…i issued pdc’s though…how do i go about paying this debt? can i talk w/ an authorized personnel from the bank to make an arrangement? thanks
Hi,
Ask ko lng po if the collection agency have the right to garnish personal belongings, vehicles, appliances.. etc in lieu of our unpaid credit card debts?
Thanks!
hi.. i applied for a salary loan under a bank last 2009 as i remember. My mother had a major operation in 2010 and i was having a hard time paying my debt in a bank.. now they keep on sending me letters indicating and threatening me that if ever i wont pay by November of 2011 they will forward the concern to the NBI. Now i am waiting for my visa to work overseas. and one of the requirements is the NBI clearance. Would i or is there in possibilities that i am blocked and cannot get a clearance from NBI? please help me on what to do, my visa is approaching soon.
will my bad credit history in the Philippines affect my status in other countries?
Hi, Tyrone , I have a credit card debt which is now 6 mos past due. I think the bank has already passed on the account to a collection agency. Now, the collection agency is offering an installment payment scheme and is asking me to sign an agreement which basically says that I acknowledge the credit card debt and that I promise to pay for the debt through the payment scheme they are offering. Is it advisable to sign such an agreement? I want to follow the payment scheme, but since my income right now is uncertain, I feel uncomfortable about signing the document because there is a possibility I might default on the payments in the future ( scheme is 36 months to pay) and be sued for breach of contract. Can you give me advice regarding this matter? Thanks.
hi..tyrone… i applied for a salary loan under a bank last 2009 as i remember. My mother had a major operation in 2010 and i was having a hard time paying my debt in a bank.. now they keep on sending me letters indicating and threatening me that if ever i wont pay by November of 2011 they will forward the concern to the NBI. Now i am waiting for my visa to work overseas. and one of the requirements is the NBI clearance. Would i or is there in possibilities that i am blocked and cannot get a clearance from NBI? please help me on what to do, my visa is approaching soon.
Hi everyone!!! just want to know if my bad credit history in the Philippines affect my status in other countries like the US ?
Heto lang po ang masasabi ko.
You want to be free from your credit card?
Ask the bank or credit agency that you have this *** amount of money on hand and you are willing to pay in full you credit card. But this ***amount is lesser than what you are supposed to pay. Sabihin mo na kapag hindi sila pumayag ay baka maubos yung **** na pera mo at mahihirapan na naman silang singilin ka. Sinong talo? Sila.
And before paying them the **** amount, ask for a CERTIFICATE OF FULL PAYMENT or equivalent as a proof na bayad ka na.
As far as I know, you can pay up to the principal amount only. They can waive all the finance, late, etc. charges. For example, if your credit is 100K wherein 50% is already the interest and penalties, sabihin mo meron kang 50K on hand at gusto mo nang bayaran in full yung loan mo.
Now, pano kung wala kang pambayad talaga? Gumawa ka ng paraan. You may borrow from someone who is willing but with lower interest rate than your CC company. And make sure na kaya mong nang bayaran.
Hi,
-I used to have debt with Citibank. I stopped paying dahil sa isang fraud purchase na hindi nila inaalis sa payable ko.
-I ended up agreeing to an amnesty to which i paid for over a year pero may balance pa. Then i stopped paying since I felt n parang hindi ko naman talaga dapat bayadan lahat ng yun.
-is it possible for them to file a civil or criminal case?
- Now, its been over 2 years.. what is the possible standing of my debt to them?
Lumipat n kasi kami ng house so I have no idea. Please help. Thank you.
Hi,
I am worried, the collection agent is threatening me that they will visit me at my current employer. I am asking for an amnesty. They are offering me a one time payment of 35k ASAP. I want to settle my account but not only for a one time payment. What should I tell them? I want to pay it in installment payable in a year or so. Please advise…
Thanks,
Yham
Hi may credit card ako from HSBC na over due na talaga..I received a final and demand letter last saturday and today I received a call from the agency telling me to settle the amount today amounting to 32k..But I don’t have that much money to settle it kasi Im a single mom and hirap din ako sa mga expenses ko.. Im just afraid na makulong ako and mapahiya..They are threatening me kasi na kakausapin daw nila Manager ko sa Company namin na may kaso ako.. Anu po gagawin ko??
Thanks..
I just received summons from the Makati MTC for a civil case for a sum of money. this is for mu unpaid BPI credit card.
the summons says i have to answer within 15 days from service of the summons.
i have no intention of running away from my obligation but the bank has already imposed interests and charges on my credit card loan that the amount is now too high from the orginal amount. i have deposit slips of payment but not the amount as demanded by the bank.
my questions are:
1. do i need a lawyer to answer it? do i need a lawyer to represent me in court? i cant afford to get a lawyer.
2. can i still call the bank to negotiate now that the bank already filed it in court?
3. in cases like these, do banks with their charges and interests always win meaning, are court decisions always in their favor?
please reply
I have several credit cards that i try to pay the minimum amt monthly. The problem is now i might not be able to sustain paying all my cards since were experiencing financial difficulties. I dont want to turn my back on my obligations so how can you tell the credit card company to restructure or maybe make a fixed installment payment Plan for me? Who do we write a letter to or call to make this request?
regarding on the submission of false information, is the number of employment years included? lets say, i put in my application that i was employed for 5 years, but it should be 1 year only. will i be filed a criminal case?
hello, I am seeking you’re advice regarding my case I used to have a credit card in dubai while i was there I paid it on time however I lost my job their and went back in philippines for 6months now and my fiance want to petition me in the US, i am very much worried if this will be affected my faince visa application in the US? Thank you so much in advanced and hope to hear from you soon. God bless!
sir good day ps bank money card gamit sa ngayon po lubog po ako sa utang pero balak ko talagang bayaran pag makakaahon na,pinadalahan ako ng law firm ito po ang nakasulat:
dear ms. linda
our client,philippine savings bank(ps bank) has engaged our legal services to civilly charge you(and your spouse,if any),for collection of sum of money, and or criminally prosecute you, if legally warranted for violation of RA 8484(aka defrauding of creditors)before the(regional or metropolitan)trial court of makati city,metro manila, relative to your overdue and unpaid loan account in the total amount of P****** as of February 20,2012.
for your guidance,the demands you received, for the payment of your unpaid, overdue and demandable loan obligation to our said client have been unjustifiably ignored,hence, our client ps bank has finally decided to file in court the appropriate complaints(criminal and or civil)against you and your spouse, if any,as the case maybe.
your spouse, if any is being included as mandatory party-defendant in the sum of money case,to filed in court,pursuant sec 4,rule 3 of the new rules of court.
for your information,in the criminal case to filed against you,if legally warranted,you may be incarcerated or penalized with a jail sentence,if the evidences warrant,and likewise,you(and your spouse,if any)may be adjudged in the civil case to pay monetary obligation to ps bank and as a consequences,we immediately cause the court sheriff to levy,attach or seize your(real and or personal)properties or garnish your salaries and or bank deposits(and those of your co maker), to enforce the courts final decision.
nevertheless for the last time your given a non-extendible period of 2 days from receipt hereof to settle your said unpaid account..
ito po sulat pls help me not to bother of this problem…
what is the difference between the money card and the credit card po?tnx
Kaya ko po ba mag-demanda sa HSBC, kasi siningil nila ako ng late charges? Previously, tumawag ako to tell them na i-waive yung charges for reason of delayed payment is wala akong nareceive na billing statement at tumawag ako thru phone banking nila to request yung Billing Account pero di nila maibigay dahil “Frozen” daw. After 1 month of my request, denied ito dahil sabi ng Credit Investigator, nareceive ko daw ang Billing Statement. Di man lang nila consider na tumwag ako sa Phone Banking? at yung fact na nakapag-bayad ako agad, after sila tumawag na meron nga akong unpaid due date.
Hi! does anyone know any contact number for PS BAnk Money Card so I can negotiate my outstanding balance? The collecting agents are giving me amounts way too far from my principal balance.
Pls. negotiate at the bank. Wag mong balewalain.
Hi, question po. I hope you can help and I hope my question makes sense.
May naiwan akong unpaid credit card with Citibank sa Pinas, I’m currently here in Dubai and Standard Chartered is offering a credit card bundled with my current account. Do Standard have a way of knowing na may utang ako sa Citibank? I’m worried that they might decline my application. Willing ko naman bayadan yung Citibank credit card ko, kaso ngayon pa lang ako nakakabawa sa mga utang. Hope to hear from you soon.
Hi po i just received a demand letter from a certain PACER COLLECTION AND SERVICES INC. They give me 5 days to pay 91k in full overdue credit card 7 months na po akong hindi nakakapagbayad kasi sobrang hirap po ng pamumuhay namin ngayon. Hindi ko naman po tatakasan yong utang ko sa kanila ang kaso po sobrang laki na po ng interest. Natatakot po ako baka puntahan po nila ako sa bahay ko at iharras po ung mga biyenan ko. Possible po ba na makipag usap ako sa mismong main branch ng banko para malessen po ung interest at mag stop na po ung pagpatong nila ng interest? tumawag po kasi ako sa call center ng BDO sabi daw po pinasa na nila sa credit collection agency. Please advice po. thank you and more power!!!
same story with the others i am also unemployed for a couple of months now since January i was not able to pay my cc so i started receiving text and emails from the bank’s law firm whose trying to collect my debts.
i am also scared of what they are telling me like filing legal charges against me and that they will go to my place as well.
is it alright to reply to them or should i only talk directly to the bank?
My friend has a credit card unpaid bill and they kept on calling and threatening him thru saying that they will send a police officer with warrant of arrest… my friend was scared thru this statement.. is it legal if they will do such thing?
good day..
tanong ko lang kasi po hindi din ako nakapag bayad ng credit card bills ko, hindi naman sa tinatakbuhan ko ang mga bayarin ko kaya lang talagang gipit ako sa ngayon, this day may pumunta sa bahay namin ang nakausap un mga kapatid ko sabi imbestigador daw sya, at may dalang subpoena..di po ba ang subpoena dapat mangagaling sa trial court at hindi mismo dala-dala ng imbestigador “daw” at sabi po sa mga anak ko kukunin po ang lahat ng gamit namin sa bahay, kasi may kaso daw ako na RA 8484.. totoo po ba na may kaso ako na ganito dahil sa hindi ako nakapg bayad? ano po ang mangyayari sa akin? at ano po ang dapat kung gawin sa subpoena na pinadala sa akin.?sana po matulungan nyo po ako.. god bless and thank you
hi good day, i have a personal loan sa standard chartered, im paying monthly but not the full monthly amount, my friend borrow the money from me last year, the 1st 6 month, consistent ung payment ko, until my friends brother got a major operation and used the money, now im having problem paying my loan, so any advice? the call center of the bank said that i can avail the 40% if i only pay the certain amount. i have a doubt that they only saying that para magbayad ako. last time sabi nila, i need to pay 1500, so i paid them, so after a few days, they called again and saying its not enough, and again i want me to pay 1500. so from that time, i stop paying them. its been 3 weeks since i made the last payment of 1500.
Hello! I applied for salary loan which was used to save somebody’s life. I am unable to pay now due to financial stability issues. I’d like to ask if I can be jailed since I think the bank issued a post-dated check when I got my loan proceeds and it just provided me an account where I can deposit my payment to. The outstanding balance is closer to 200,000. I have no plans of running away from my obligations. I will still settle it but in think the bank had transferred my account to the collections agency. I want to have a peace of mind and I’m really concerned about going to jail as it scares me. Any advice please? Thank you
papano kung may utang ako sa Dubai and now a credit collector have been harrassing me here in the Philippines like telling me na di na ako ako makakapag travel na there will be cops na pupunta sa bahay to take stuff from us.. pede ba yon.. will i get into jail???
Ask ko lang po if naka reciv na ko ng summon from mkt rtc last may, 2011 then ngaun naka reciv uli ng order na nag file na nga ung lawyer ng bpi sa mkt rtc last april 30 this year, what next na po marereciv, siguro notice na ng hearing, can i go w/o atty or if na hindi ako pumunta, what happen next pag hindi me umattend ng hearing, pls advise me kung ano magandang gawin ko, nasstress na po ako, pls help me.
hi… i always applied on a credit card. pero still hindi ako naaproved. meron ako hsbc dati pero nasettled ko n yon. now apply ako iba halos lahat n yata pero laging CI la nmn naaprove. may connection kya yon sa dati ko card????
Hi..i have my credit card in the philippines and now its here in dubai with me…my question po is…pwede ko po ba bayaran yung HSBC credit card sa mga HSBC branches dito sa dubai?…thanks!
hI
Is is possible to apply for a bank loan even i have unsettled credit card in Standard Chartred. I dont want pay because di nman ako ung gumamit meron lng nakiride sakin at di ya binayaran kc nag abroad n ako. Meron ba posiblity na makuha ung mga properties na naipundar in settlement of unpaid Credit card
Thnks
Don’t worry, they cannot do that to you. These are common tactics of collection agencies to force you to pay. Try to negotiate with the collection agency for a more convenient payment terms for you.
Worst case scenario, if the case progressed, they can issue a Writ of Attachment but if and only if you are really bankrupt, tipong ni piso wala ka ng mababayad. But as long as may mababayad ka, then the Writ won’t be issued.
hi,im rachel..i have a problem regarding sa mga credit card na yan..honestly,first time q po kc gumamit ng credit card..ang nangyari po kc may mga tumatawag na ng-ooffer ng mga discount card,privilege card n insurance..sa hindi q naman po alam ang akala q po kc e once na d u naman gnamit ung card na inooffer nila hndi naman mababawas sa yo..e automatic po pla nila bnabawas..aun!so nabawas na i call the bank kng panu mareverse un kc sbi q d q naman po gagamitin..they advice to call the agent na nag-offer skin nung card, nun po kc tinatawagan q ung company nung ng-offer skin d naman nila aq ineentertain.kesyo may kausap pa daw po sa kabilang line.aun!lagi nalang po ganun evry time na tumatawag ako.bale 3 cards po kc ung nakaltas skin.ung isa po napareverse q dahil sa coordination nung company.panu po gagawin q dun sa iba na ayaw naman mkipag-coordinate?sa ngaun d q pa po binabayaran ung bill q dun sa mga cards na un..like wat other complain pinadalhan din po ako ng demand letter.panu po ba pwd q gawin kc mas lalo lumaki yung babayaran q..honestly,ayaw q ng may utang..sakit kc sa ulo yan..nangagkasakit po kc aq kaya d q na naasikaso panu po ba dapat q gawin?hope matulungan nyo po ako..tnx!
Tyrone I just want to ask, I just received my MOTION TO RENDER JUDGEMENT ON THE COMPLAINT re: my credit card dues. What exactly this means. Unluckily, I’m unemployed for almost 3 months right now but before that, I was able to pay 3 mos. of settled agreement also but was stopped again due to like what I first said, employment status. Can you enlighten us re: this matter? Thanks a lot!
Hi! would like to ask what if uve settled with the debt collection agency nng card, as long as nde pa expired ung cc mo pwede parin maging active ung cc para mgamit mo ulit? thanks!
hi.. having same issue here.. i resigned from my job may of last yr and stopped paying for my hsbc cc.. recently i was sent a notice that if i cant pay the full amount(153k–really bloated) w/in 2days they will file a case against me under r.a 8484.. i contacted hsbc and i was referred to a collection agency(molaer) we had a verbal agreement that if ill settle 33k until may30 i will be cleared from my debt. i have the amount now but having second thoughts of paying it outright w/o any written contract. though i recorded our conversation im afraid that someday another agency will send me letter claiming that im still not cleared. the money that ill be paying is a very hard earned money so i just wanna make sure.. they assured me that they will issue certificate of full paymnt after the payment has been posted but what if they will not.. what should i do? looking forward to hear from you guys.. thanx
hi tyrone,
i have an outstanding debt with hsbc for over 75k. i had a good credit record with them for the past 8years but recently i defaulted a one month payment since currently i do not have a job. prior to that, i called hsbc and asked them for a payment scheme where i can pay only the amount that i can afford since i do not have any source of income as of the moment. the call center agent said that they will put an application for me for their EZ pay. after a week, i called them back and was told that the application was denied. then to my surprise, they have lowered my credit limit to 76k which will cause me to pay the overlimit fee because the interest accumulates. i think that it’s a way for credit card companies to earn more that is why they lowered my credit limit.
as of now, i will really not be able to pay them since i am really broke. i can maybe and hopefully pay them back in a year’s time but really not possible now. with RA8484, i did not update my marital status with hsbc and failed also to update them with my employment information when i transferred to a different employer before..will that be considered as false information?
and worst case scenario, if i will not pay them since i am really not capable of paying them..what can i expect to happen? i wanted to pay them but i cannot, i do not have any means to pay them. a friend of mine said that she had the same issue before, she had an unpaid cc debt last 2002. she told me that citibank sent her demand letters for 2 years. she said she just ignored them then it eventually stopped after 2 years. it is shameful of me to ask, but can i do the same thing? i am scared but i have no choice.
thank you, i hope to get a response from you.
hi, regarding to my bpi credit nakareciv na me ng decision galing sa makati rtc pinababayad na sa akin ung 132k plus 1% penalty & 1& interest from oct., 2010 plus atty’s fee and cost of suit, ano po magandang gawin makikipag-usap ba ako sa collecting agent para makipag compromise paano kung hindi pumayag sa amount na ibabayad ko, kasi alam ko talagang pababayarin sa akin lahat, ang hirap kasi kausapin ng mga collecting agent, willing naman po ako magbayad kahit 50k, please help me kung anong gagawin ko.
Mary ann
Hi,
I just want to ask for your help. May 3 credit cards po ako. yung 2 po ang kakastart lng po yesterday na iendorse sa collection agency. Yung Citibank po bago lng po siya kaka approve lng po last month. Plan ko po na hindi na bayaran ung 2 (BDO and metrobank), tpos plan ko po pagamit sa ka officemate ko ung citibank then hindi na din po bayaran, para po magkapera ako. To give you a background medyo depress po ako for the past few months. Hiwalay sa asawa, hindi makita ung anak ko, may sakit na hindi mapagamot, problema sa parents financially. Ngaun po gusto ko na po magsimula ulit. Okay lng po sakin na mabuhay ng wlang loan and credit card. Nakakasurvive naman po ako dati. Ung pera po na makukuha ko sa mga ka officemate ko (since papagamit ko sa kanila ung credit card) ung po plan ko ipunin para pang anulment. May work po ako ngaun. May car (toyota corolla 95) din po ako naipundar, pero plan ko na din po ibenta. Ask ko lng po advise nyo, eto po mga concern ko:
1. Baka po kunin ung kotse ko na nkapangalan sakin. (If ever po plan ko po sana palipat sa name ng papa ko ung car)
2. Pag tinaguan ko po ba ung credit collector since nakikitira pa po ako sa parents ko magkaka-kaso po ba ako dun. (again plan ko po na hindi na bayaran, ok npo sakin na magkabad record ako, will certainly learn from this mistake!) **mostly nasa office din po ako kasi working student po ako. weekly lng po ako umuwi, para kumuha ng damit.
3. kung kakausapin ko naman po sila tlaga po sasabihin ko na wla po muna ako plan bayaran for the next few years or hindi na din ko na din babayaran.
4. If papagamit ko ung new credit card (citibank) tpos hindi ko na po babayaran magka-ka kaso din po ba ako nun? (kinausap ko po mga ka officemate ko bibili po sila ng cellphone so babayaran po nila ako ng monthy un po sana dadagdag ko sa anulment ko, naisip ko po ksi maba-black list nadin naman po ako why not use it as as advantage since sa ngaun.)
5. Baka guluhin po ako or tawagan sa work. FYI ng palit nadin po ako ng cellphone number. dun nlng po sila sa bahay tumatawag. sinasabihan lng po ako ng parents ko. Sa call center po pala ako ngwork.
6. Kung malaman po ba nila na may work ako, pero talgang wala napo ako plan na bayaran ung 3 cards. Ano po ba mangyayari?
***Again gusto ko lng po magsimula ulit sa buhay ko. Medyo frustrating din po kasi pagngwork+sweldo= bayad utang parang nawawalan napo ako ng gana sa buhay ko. also for the record, dahil po sa pagkakautang ko sa credit card natry ko npo magpakamatay twice (carbon monoxide poisoning) pero since 2 beses ko na po sya ginawa eto buhay pa din po ako so gusto ko nlng po magsimula ulit. Ok lng po ako atleast mabuhay ako kung ano lng meron ako ngaun. Hingi lng po advise kung ano po mga possible and worst case scenario and kung ano po need ko gawin? of course pagnawalan po ako ng work baka lalo lng po ako madepress! Sensya napo magulo po ata pagkakasabi ko magulo lng po kasi utak ko. Please help po. Thank you in advance!
i have an agreement w/ bpi to pay in installment for more dan 3yrs. nakakabyad po ako for mor dan a yr na. kaso ndi ko n po kaya ngaun? can dey sue me for estafa or breach of contract since may payment arrangement ako na pinirmahan sknla? thanks in advance
Hi Broke,
hi po medyo nag worry po ako sa sinabi niyo na nagpakamatay na kayo twice at buhay pa rin kayo hanggang sa ngayon miracle po iyon ibig pong sabihin nun may plano pa po si Lord sa buhay niyo. Wag po sana kayo mawalan ng pag-asa sa buhay lahat po ng nangyayari ngayon sa inyo ay pagsubok po sa inyo ng Diyos. Mahirap po talaga nag pinagdadaanan niyo ngayon pero hindi po iyon rason para mawalan na po kayo ng pag asa sa BUHAY..Mahal po tayo ng Diyos at hindi niya po tayo pababayaan. Natry niyo na po bang tumawag sa Panginoon siya lang po ang makakatulong sa aten sa panahon na parang wala ng pag asa..
Please do search for THE 700 CLUB ASIA AS THEY HAVE PRAYER COUNSELLING 24/7 po iyon it will change your life and how you view your situation right now..Please don’t hesitate..I will also be praying for you just hold on..
May tanong po ako, Dati po akong nag tatrabajo sa Dubai, nag kasakit ako kaya umuwi ako sa pilipinas pero may naiwan po akong utang sa credit card ko doon, meron pong pumunta sa bahay namin at sinabi po na mag dadala daw po sila ng pulis and kakasuhan ako at di naraw po ako pede makaalis ulit ng pilipinas, pede po ba akong bigyan nila ng hold order sa airport atsaka po pede po ba akong kasuhan dito sa pinas kahit ang utang ko ay sa dubai?
Hi tyrone, Do collection agencies have the right to get what ever properties i owned because of unpaid credit card bills? Please reply as my wife is having problem with her heart since this collection agencies keep on calling, texting and sending this harassment letter. Thanks and God Bless
Hi Tyrone, ex ofw ako sa saudi, meron akong naiwan na payable sa credit card ko, 2008 pa ako umuwi, kahapon meron nagpunta dito sa bahay nami na credit collector, at pinababayadan ang utang ko na umabot na sa SR. 2000. Kailanagn daw na mag money transfer ako sa binigay nilang account number sa saudi on or before june 4 at kung hindi i lelegal na daw nila ang kaso ko,,, allowed ba ng government natin na ung utang sa ibang bansa e puedeng icollect dito sa atin…
Sa ngayon hindi ko pa mababayaran ito dahil halos wala akong kinikita magmula ng umuwi ako…
can they sue me for breach of contract if i can’t continue the payment arrangement that i already have with them? iv been paying more a yr, but i cant anymore since i already have two kids and recently gave birth. im worried abt the arrangement that i sign with them.
Can the judge order the company of the debtor to pay the Bank (Credit Card) ?
in a civil case. thanks for your early reply
Hi Sir,
same din po ng exprience, before summon lang from makati, BPI naman yung CC ko tapos last january nagpadala sila ng decision from court, na kailangan daw magbayad na ko ng worth P200, 000. then ngayong May nareceived ako ng Motion of Writ of Execution na kailangan akong umatted ng hearing sa June 14,, ano po bang ibig sabihin nito, nakakastress, ilang araw araw na ko di makatulog. Please reply naman, willing naman na bayaran ko sila pero wala pa talaga akong pera ngayon. Kailangan ko bang umatted ng hearing, wala naman po akong abogado at higit sa lahat wala akong pambayad sa abogado.
Please help…..
Hi,i have signed a contract regarding the payment scheme..i was not able to pay the required amount on my 10th installment,but i was able to complete my payment on the last installment.. There was a paragraph in the contract stating that if the agreed amount is not paid monthly,the balance will start all over again as if i not paid anything..will this mean that i have to pay all my balances again? And when i asked from the collecting agent for quit claim,she will always refer me to the bank..but when i call the bank,they would always say that i should ask from the collecting agent..i dont know what to do,can i ask for a lawyers help regarding this?
Hi Sir,
I received a summon from Makati MeTC for Sum of Money Case for not paying my credit card charges.
We rent an apartment and the contract is under the name of my partner. We have appliances but other than that there are no properties under my name. I guess my questions is if I can’t pay, can they get everything valuable inside our apartment?
Please help. Thank you!
Hi tyrone!
Good to know there is a site for those who seek advice on credit card debts.
I myself have a problem.
To start off, i have 4 credit cards with debts. 45K+ on BDO; 50K+ on Eastwest; 140K+ on Citi; and 120K+ on Metrobank. I already paid in full BDO,Eastwest, and Citi.
Now my problem is with Metrobank. Last june 2011 i resigned from my job because i got a good offer from another company but i didnt turned out well so i ended up looking for another job and working on a part time basis.
Back then i already called up metrobank and told them about my situation and i think im going to have a hard time paying my bills. I asked if they can freeze the amount and give me a payment scheme on a monthly basis. The agent told me that if i can pay the minimum she would ask her office about my request. So i paid the minimum and nothing happened. No one called me about the payment scheme i asked. Now the next biling date came and i had to do the same. It went on for 3 billings. And i paid the minimum amounts. I asked for the payment scheme so that my money would go to the principal amont and not the finance charge, am i right?
I even updated my mailing address just i case they would send a letter regarding the payment scheme im asking.
Last January i called up Metrobank and try to ask for amnesty but they told me to contact the collection agency. The agency told me to pay 140K+ on the spot to clear my debt. I told them i dont have that amout and i cant get it overnight. Again i asked for a payment scheme but they wont give it. I dont know why.
Just this month i am recieving txt that they would come to our address and investigate, get informations so they can plan their next move. (can they do that? What are my rights?) and i have just recieved a demand letter from a collection agency that i have to pay 274K+ within 2 days but i also recieved a txt from metrobank that my total amount due after interests and other charges is only 219K+. Far more lower than the collection agency’s demand.
By the way, im currently working and i own a car which im paying until november this year. Im willing to pay my debt if only they would give me a payment scheme on a monthly basis.
Please Tyrone. I need your advice.
Thank you in advance.
More power to you.
“May nareceived ako ng Motion of Writ of Execution na kailangan akong umatted ng hearing sa June 1″
@Ms. Cathy -E deadma mo lng. hindi naman required na ummattend ka talaga. Panakot lng nila yun. May field visit pa nga kuno yung iba. hehehe. Uwi muna probinsya, then change ng phone number.
May friend ako na nag abroad na, di na nya binayaran ang credit card bills nya kasi nasa abroad na sya. Di na din nya nababasa yung mga letters from BPI and Metrobank, kasi nasa Canada na. So wala na habol mga credit card companies doon. Haha!
Hi Tyrone!
Hello there.
I have been a Citibank Mastercard holder for 6 years. Pero ngayon lang ako nagka-problema sa pangbayad sa utang ng citibank. In my last billing statement, my total due is 88k.
To make the long story SHORT, I am planning for reconstruction of dues. Ang gusto ko is waive off the total interest charges & late/penalty charges. So my questions are:
1. Will there be a bigger chance for the Citibank to approve my requisition of waiving off the total interest charges & late/ penalty charges?
2. Pwede po bang mag-request sa Citibank na 12-24 months installment payment if ma approve yung reconstruction of loan?
This is also the experience of my friend before. She has a total dues of almost 10k na di binayaran. So her dues from 10k became around 4k na lang. So binayaran niya yun pero once reconstructed, blocked na yung card niya.
Sir tyrone, I need your opinion. Thank you.
Hi, i have accounts sa 4 na credit card pero ang 2(HSBC & Metrobank) ang nahirapan ko magbayad dahil naka-abot na ng credit limit na P129K…palagi na akong tinatawagan both ng 2 banko..Nahirapan na kasii ako dahil marami talagang gastusin at ang sweldo ko net P2300 na lang..Nahirapan na akong magbayad kasi na cut-off na ang pinapadala ng sis ko sa US dahil din sa recession..Im really very worried kasi lumalaki lalo dahil sa interest at baka malaman ng boss ko..at baka makulong…both banks nagpapadala na ng letter to pay..sometime pinagsabihan ako ng hsbc agent to do a payment arrangement, pero malaki pa rin ang babayaran ko monthly…what will i do?
Hi Simon,
When you settled your debts with the old agency, did they issue you a quit claim? You should have asked for it back then. It is a proof that you already settled your credit card debts. This should be shown to the new agency that indeed you already paid in full.
Hi Dianne, did you issue post dated checks that bounced back as payments to the loan? If you did, then you can be jailed because that is considered a criminal case under BP 22 or Batas Pambansa Bilang 22. Do you remember if you have a co-maker or guarantor? And if the loan is secured or unsecured, meaning with mortgaged collateral?
hi, thanks for the reply. I did issue PDCs. No guarantor and no mortgaged collateral.. does it make any difference?
If you have a mortgages collateral, then the bank can foreclosed it.
If you have a guarantor, then the bank can sue him or her. If you have a huge outstanding debt, then the bank can conduct a skip tracing for both your properties and that of the guarantor. They can then file a writ of attachment to these properties.
ok.. didnt have any guarantor or collateral.. the balance i had with the bank would be around P60th left..
i want to ask, is it still possible to ask for amnesty in the bank when there is already a collecting agent responsible for my debts? can i still directly communicate with the bank? i tried calling the bank once, and the call center agent just told me my account was already transferred in a collection agent.
Hi good pm,anu po bank nyo? Kc ung saken eh pinagamit ko sa frend ko sabi nya babayaran daw nya monthly eh tapos lumipat po ako ng bahay tapos nalaman ko na lang d pala sya nagbabayad,willing naman ako mgbayd kahit d ko kasalanan matapos lang problema pero laki na ng inabot gusto ko sana eh mabawasan un, anu po ba naging process?thanks a lot
how can i be sure that the quit claim that the agency issuing is enforceable and being honoroed by the bank?
Hi Anna, no, it does not necessarily follow. It will only be on the bad credit standing if you did not pay it despite the fact that it was already transferred to a debt collection agency.
Perhaps before you paid your debts in full, you should have verified with the bank that the agency collecting your debts is really their authorized and appointed collection agency.
Yes, you can still go to the bank and apply for amnesty. You may go to the bank and tell them that you want to pay you debt but ask for discounts. That is called “amnesty”. Don’t listen to the call center agent.
Hi Rosemarie, I’m not really sure if you can apply but try to negotiate with them again. It can be best to deal with the originating bank and ask them if you can just pay your original monthly due. Unless you issued a check that bounced back as repayment for your debts, you won’t get jailed.
Hello Rose. First of all, your Barangay should not be involved with personal debts, and does not handle complaints from big companies. Secondly, did you get a subpeona prior to that… if not, then they are bluffing. My guess, the man you talked to is not a lawyer but a collection agent. From what I know, collectors can’t file cases, only banks can. And if they have filed a case against you, why do they have to settle it , nasa court na pala. Then settle ka nalang sa court di ba? Baka mas fair pa yung judge…
Hi Luis,
I think that since the non payment of credit card bills are just considered as a civil case, collection agencies do not have the right to include you in hold departure list. It’s just probably one of their tactics to force you to pay for it for them to get their commission from the bank. Remember that collection agencies are on a ‘no-cure no-pay basis’.
Hi Cris,
RA 8484 is a criminal case which refers to identity falsification in credit card. As long as you did not fake the details in your credit card account, they cannot file a criminal case against you. Again, most collection agencies do the best they can to threaten you to pay for your unpaid credit card bills because they operate on a ‘no-cure no-pay basis’.
Hi Worried Girl,
First of all, don’t panic. I think that as long as you did not commit any fraud in your credit card information, they cannot accuse you with RA 8484. I am pretty sure also that they don’t have the right to hold your husband or include him in the immigration watch list just because of unpaid credit card debts. However, as I stated in my article above, unpaid credit card debts will affect your credit history and you may have a hard time securing other loans in the future. It would still be best if you pay your credit card debts.
Hi, yup, like what you have, me too have a personal problem regarding CA’s. I want to pay it, but as of now I dont have enough money even for amnesty, my question is, like the question of anna, that if its possible if I myself will go to the bank’s main branch and talk to the authorized person? Is it possible that they give me amnesty even if it’s almost 1 year defaulted? Thank you and have a good day!
I forgot to mentioned that Supreme Court Branch 27 Capitol Cebu indicate in the envelope to call or settle on it and From HSBC lawyer asking to settle for last chance either monthly payments
Hi Dodong, have you ever defrauded any of the information in your credit card? If so, then they have the right to file a criminal case RA 8484 to you. If not and simply you did not pay your credit cards, then it’s just a civil case and there’s nothing to worry about. However, as I stated, if you have the capacity, please pay your credit card debts as it would clean your name against customers with bad credit history. Try to ask and negotiate for a waiver of some of the interests or penalties just in case.
Hi Tbar, as long as you did not have any false identification in the records of your credit card, there’s nothing to worry. Merely non-payment of credit card debts is not a criminal case, but rather a civil case. It won’t put you into jail.
bago nlang passport number ko kasi ngrenew ako 2 yrs ago. so indi ako mababara sa immigration incase uuwi ako ng pinas?
Hi watda, have you compared the service charge of your credit card to what the other credit card companies are offering? If not, then it’s time for you to do it. Look for one with the least service charge if you are not really capable of paying it in full. Afterwards, do a balance transfer to transfer all remaining balance to that credit card and close the credit card account that you’re currently using. I hope I gave a good advice to you.
ok thank you so much sir.
Are you paying your credit card bills right now? Or someone is paying them for you? I think the status change in your credit card is not a real issue.
Since I was coming here in other country to my husband, I had stop paying it already because I have’t found a job yet, pero in this case poh bah considered as fraud kung iba na ang tirahan ko? but just few years lng visa ko 4 here, sabi ng tinirhan ko dati, my letter 4 me na dumating from 28K and 38K. Anu po ba ito? tsaka few days ago sabi nila my mga lalaki na naghanap sakin,takot ako umuwi ng pinas kasi baka anung gawin nila sakin, maari ba nila akong kasuhan sakali balik ako ng pinas? Plan ko nman bayaran eh pero saka na pagnaka work na ako.
Thanks poh
Hi virgo, your case is difficult. What I can advise you is to earn more by having two or more jobs and lessen your expenses. Think of a work-from-home job like article writing or any sideline jobs which you can do like selling. Watch and limit your expenses. You can read my article on earn more and desire less here -> http://www.millionaireacts.com/1414/earn-more-desire-less.html
You can keep using your credit cards but be sure to pay the bills on time so as to avoid any further charges which can alleviate your financial burden. Credit cards, if not managed properly, can be a quicksand which depletes your money and makes you work for the rest of your life just to completely pay them. If you chose to give up your credit cards, be ready for the consequences. You won’t be jailed but you will have a hard time availing for any kind of loan in the future.
Even if they pursue your case sa korte, it won’t be a criminal case and you won’t be jailed for it. It’s really hard to settle an unpaid credit card debt that has balooned because of finance and penalty charges.
If you really want to pay it, try to negotiate with them again and ask them if they can give you more affordable payment terms. Before talking to them for negotiation, assess your financial status first and think of a modest maximum amount that you can set aside monthly to pay for it. This is the amount that you should propose to them when you negotiate again.
Hi mjd. No, they don’t have the right to garnish personal belongings. Senator Miriam Defensor Santiago devised the Senate Bill “Fair Debt Collection Practices Act” in 2007 to safeguard consumers against the abuse and malpractice of debt collectors in collecting unpaid debts. You can read it here http://www.senate.gov.ph/lisdata/55744878!.pdf
Hi Stephen, I suggest for you not to sign the contract especially if you are not comfortable with the payment scheme they laid out. Try to negotiate a more convenient payment terms which you can definitely afford. Perhaps a longer payment period (longer than 36 months) with the same interest rate so as to minimize monthly payments. Or try to negotiate a waiver of finance charges and penalties and just pay for the principal amount. Think of a scheme which is more convenient to you and be very sure that you can abide on it once you signed that agreement.
Can I just insist on making the payments without signing an agreement? I am concerned about the possible legal repercussions. A relative advised me not to sign anything, and I read somewhere that an unpaid credit card debt cannot land you in jail, but things may get legally more complicated if you issue bad checks or if you signed a contract.
Yes, you can insist on that. Just make sure that you get receipt, acknowledgment letter, or any form of proof of payment once you started paying it monthly. In addition, once you settled all the unpaid credit card debts, just make sure too to get a ‘quit claim’ from them. I worked in an investment banking company before and we usually do this especially if the loan is unsecured like credit card debts.
All other details are correct naman, address, ID, and other stuffs. but he the number of years and i think the salary was somehow altered.
Hi Chai! Sorry for the delayed reply. I think having unpaid credit card debts won’t cripple you for getting your NBI clearance. They are just threatening you about forwarding the concern to NBI.
As far as I know, NBI checks for criminal records. Merely non-payment of credit card debts is considered as a civil case, not a criminal case. So I don’t think you would be blocked in getting your NBI clearance.
Hi Pierre! Generally, I think it won’t. However, if you owe a big amount to an international bank here in the Philippines, say HSBC or Citibank, and you plan to apply for a credit card in their branch in that country, they might have a way in cross-checking your credit history.
Hi Yham, there’s no other way but to negotiate with them on a more-friendly payment terms. Tell them sincerely you can’t afford a one-time payment and that you are interested to pay on an installment basis for one year. If they insisted on visiting you on your current employer, tell them that they can be subject of harassment according to the “Fair Debt Collection Practices Act” which you can read here http://www.senate.gov.ph/lisdata/55744878!.pdf
Hi Shamey, same advice to Yham above as you both have the same case. They don’t have the right to threaten you by calling your manager on your current company. In doing this, they can be subjected to harassment which is a violation of the “Fair Debt Collection Practices Act”. You can read the Senate Bill here http://www.senate.gov.ph/lisdata/55744878!.pdf
Wala yan….gagawin lahat nila para matakot ka at magbayad. Balikan mo sila ng HarASSMENT For debt collection practices act..bill by Miriam Santiago.
As long magbabayad ka sa halagang kaya mo lang wala problema. Di mo naman tatakasan yan. Sabihin mo kaya lang 500 per month ok lang yun. Wala na sila magagawa dun.
applicable din po ba eto kahit nsa collection agency na ung case. Pumapayag din po ba ang mga collection agent na principal na lang ang babayaran, o kailangan pa tlga dumaan pa sa court ung kaso.kung halimbawa nsa 5years of non payment na ung outstanding balance.
Hi Busheng. I am not sure about this but my guess is no, meaning they probably wouldn’t know your debts in Citibank here in Philippines. That is because Standard Chartered and Citibank are not related to each other. Moreover, as you have mentioned, they are located in different countries. If it would be the same bank located in different countries, then there’s a great chance that they would be able to trace it.
Hi Ghel, since your account was already passed on the credit collection agency, then you should be coordinating with them now and not to the bank. Just try your very best efforts in diplomatic means to negotiate for a more convenient payment terms with the collection agency. The ideal scenario is to negotiate for a longer payment term with a lower interest rate or if they can waive the finance and penalty charges, much better.
With regards to harassment, credit collection agencies cannot harass you. That is against the law. Please see the additional details that I added on my article about unfair collection practices above enumerating the forms of credit collection acts which are prohibited.
The only legal case they can file you is a Sum of Money case which is a civil case, meaning you won’t be jailed in it. You should reply to them by telling them that you’re willing to pay for it. However, since you are unemployed right now, you don’t have enough means or resources to pay for it.
Perhaps, the best thing to do is to ask for a more convenient payment terms such as a longer payment period with a lower interest rate. Don’t forget to state that you are unemployed so as to make a stronger case in your negotiation with them. Don’t worry about them going to your place. Harassment is illegal and considered as an unfair credit collection practice.
Hi Grace, this is illegal and considered as harassment. Please see the additional details I added on my article above regarding some of the unfair collection practices which are considered illegal as per BSP Circular 454 released in 2004.
They could not put you into jail for simply not paying your credit card debts. Yes, they can file a case called Sum of Money but this is just considered as a civil case and not a criminal case.
hi mary ann,
same rin pala tayo ng situation. may summon letter rin akong natanggap as of april 12 2012 galing s dabu associates(collection agency) sa makati mtc. natatakot po ako kasi baka mag-issue ng warrant at pumunta sa bahay kunin properties namin eh yung bahay naman hindi nakapangalan sa akin in short wala naman akong property. ano po ba ang mangyayari dito sa mga hearing na ito? wala naman ako pera kalaki para gumastos ng pa ng isang atty. kung sakali makikipag-areglo sa CA na lang ba ako lalapit? kasi hindi na ito hawak ng bdo bank kasi delinquent acct na yung cc ko. ano advise mo sa amin ni ms mary ann sir tyrone? thanks
Hi Erik,
I think you will have a hard time applying for a bank loan because of your bad credit history with your unpaid credit card in Standard Chartered.
Per consultation with my law student friend, if the unpaid credit card debts progressed into a Civil Case Sum of Money, there is a possibility that the court may issue a Writ of Attachment provided the borrower is already bankrupt, meaning kahit piso walang wala ng pambayad. It is lengthy process though.
However, if the borrower is not totally bankrupt, then the Writ of Attachment will not pursue.
In Writ of Attachment, the usual process will be the bank or collection agency will find properties under your name and it will be ‘attached’. Once attached, it will be subject for a public bidding by the sheriff in the presence of the property owner. Once sold, then the proceeds will be used to satisfy or pay the unpaid debts.
Hi Kobe24, I think you have to ask that question directly in your HSBC branch there in Dubai. But my guess is, it is possible but you may incur some additional fee.
Hi Jan T., probably it has a connection. What happened to your previous credit card? Did it turn into delinquent account before you fully settled it?
Hi Stanley, if your account was already transferred into a collection agency, try to negotiate with them directly for a more convenient payment terms for you.
You won’t be jailed but you will have a bad credit history which may prevent you from availing other types of bank loans in the future so I advise to settle it if you can.
Hi Broke, actually to be honest, hindi po maganda yung balak niyong gawin. Lalo na po nung sinabi niyo na wala kayong balak bayaran pero nag avail pa rin kayo ng credit card. You may be enjoying it for the short term but you will suffer in the long term.
I think this act can lead to a case called ESTAFA which is a criminal case and can lead you to jail because there was the intent of not paying it in the first place and yet you continue in availing credit cards. Defrauding na po yun.
And please don’t ever lose hope in life. Pray to God. Seek His guidance. I suggest to call the 700 CLUB ASIA for prayer counseling as advised by a commenter named Ghie below. I hope this helps.
Hi Ferdie, I think I answered this already as it was already asked before. They can get it through a so-called ‘Writ of Attachment’ but it will be a long and tedious process. There should be enough evidence that you are already bankrupt and that you cannot pay even a single centavo for it to be issued. Otherwise, if you can pay in whatever amount you can, it won’t progress and it won’t be issued.
Just in case a ‘Writ of Attachment’ was issued, the sheriff will conduct a public bidding or sale of your properties in your presence and the proceeds will be used to satisfy your debts.
I think the best advise I can give you is to talk to them and explain your situation. Try to negotiate for a new payment agreement. Maybe they can release a new agreement that has longer payment period for lower monthly payments. They cannot sue you for Estafa because hindi ka naman nag defraud.
Hi emt, try to talk and negotiate with them again and explain your situation that you don’t have a job and you don’t have source of income. Tell them you have the intention of paying it and if they can agree to a more convenient payment terms for you (i.e. a longer payment period for a low monthly payment)
With your question on RA 8484, no it won’t be a ground for that case. Yes, you can do the same but be aware that your credit record will be severely affected and you will have a hard time availing loans again in the future.
Hi Andre, I am not a lawyer but my guess is that the complainant (your credit card company), is asking the court to issue a judgment on your case because you have been ignoring it. This is only my guess, better ask a lawyer for it.
Hi Sir,
same din po ng exprience, before summon lang from makati, BPI naman yung CC ko tapos last january nagpadala sila ng decision from court, na kailangan daw magbayad na ko ng worth P200, 000. then ngayong May nareceived ako ng Motion of Writ of Execution na kailangan akong umatted ng hearing sa June 14,, ano po bang ibig sabihin nito, nakakastress, ilang araw araw na ko di makatulog. Please reply naman, willing naman na bayaran ko sila pero wala pa talaga akong pera ngayon. Kailangan ko bang umatted ng hearing, wala naman po akong abogado at higit sa lahat wala akong pambayad sa abogado.
Please help…..
hi mary ann, just want to ask kung anong ngyari sa case mo?umattend ka ba sa mga hearings?kc my nareceive din kong letter and un nga pag nd daw ako nakipagcoordinate within 10 days e subpoena na ang ipapadala sakin..just want to have an idea lang in case na mgfile na nga sila ng case againts me..thanks
If you’ve signed a payment arrangement with them, yun ang mahirap. You need to settle it. A friend of mine said na pwede ka nila idemanda kasi may signed agreement ka sa kanila. You should have not made any PA in the first place.
In behalf of Tyrone, I would like to answer your question. Don’t worry, tinatakot ka lng nila. Basta wala kang pinermahan na payment arrangement, you don’t need to worry.