I have Credit card debts and personal loans that have been defaulted because of loss of job during the 2008 recession.
I currently have job now but still not enough to pay them now.
In 2009, I started receiving phone calls from the bank or so they say, telling me to pay my total amount due or they will report me to the interpol and get arrested.
I was really worried during that time, thinking what will happen to my family if i get into jail, much worse is the embarrassment I'm getting since they are calling to my work and harassing my office mates.
Well, I don't get calls from them now but its my sibling who are now getting worried since they are the one being forced by the collection agencies to receive the demand letters.
This events led me into finding solutions on how i can manage all of this and stop worrying and this is what I learned with regards to this issue.
Trespass to dwelling
Art. 128. Violation of domicile. —
any public officer or employee who, not being authorized by
judicial order, shall
- enter any dwelling against the will of the owner thereof
- search papers or other effects found therein without the previous
consent of such owner, - having surreptitiously entered said dwelling,
and being required to leave the premises, shall refuse to do so.
Crimes Against Security
Art. 280. Qualified trespass to dwelling
Any private person who shall enter the dwelling of another
against the latter's will…. by means of violence or intimidation
PENALTY
Minimum 2 years, 4 months and 1 day maximum of 6 years
and a fine not exceeding 1,000 pesos.
Bail required P12,000.00
You have the right to refuse entry to anybody, especially collectors.
Ask them WHAT IS THEIR BUSINESS ( more often just to bring a 1/4 or 1/2 piece of paper with them)
If they request entry, ask for:
1.Their authority from the supposed collection agency
2.Appointment of their Collection Agency from the bank
3.Board Resolution of the bank authorizing such appointment and more- ID,Statement of Account duly signed by authorized signatory of the bank,etc.and etc.
Normally WALA silang maipakita. Conclusion? they are just there to harass you and milk money from you and its EXTORTION/FRAUD/ESTAFA/DECEIT:
Revised Penal Code states :
..By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications or imaginary transactions, or by means of other similar deceits.
(b)By inducing another, by means of deceit, to sign any document. Art. 318. Other deceits.
any person who shall defraud or damage another by any other deceit not mentioned
Penalty? why, kulong, of course!
CALL THE POLICE. its time to turn the table against scammers.
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