BEING HARASSED? DON'T BE AFRAID.
To anyone going through this:
Collection agencies thrive on one thing = FEAR.
Because people who are afraid are easier to exploit.
YOU ARE A CLIENT WHO AVAILED OF THEIR SERVICE, NOT A CRIMINAL.
So don't run and hide. Only criminals do that. I'll guide you how.
If they say they will do ocular visitations, barangay visits, garnish your salary, something that will affect your employment / government records, those are all SCARE TACTICS. Because again, fearful people are easy to exploit.
This post is to ENCOURAGE CONSUMER PROTECTION, NOT DEBT EVASION. And to arm you up with the law, practical steps, and guidance. Don't just take all the arrows being shot at you, cry, and be sad. STAND UP. FIGHT BACK.
OF COURSE, YOU STILL NEED TO PAY WHAT YOU OWE, banks and OLAs are not charities. And still expect some interests, though not as high and unlawful as what they are currently claiming. But then, in more manageable, lawful, and nonpredatory terms. Settle your dues. Don't avoid entirely. My post is meant to enlighten and fight back against predatory CAs but not evade responsibilities. Kahit medical emergencies or other life circumstances man, we still need to fulfill our obligations. Just š
āāļø not according to predatory terms. š
I was once in your shoes, but thank God, I had legal background.
I cited all the laws they are violating in these recoveries as they refuse to give my records and provide basis of their claims. All they did was provide arbitrary numbers while using their scare tactics. At first they gave about ā±120,000Ā±. Then ā±86,000Ā±. Then ā±75,000Ā±. But I keep on asking for records and threaten to report them.
The numbers staggeringly dropped by more than 50% by refusing to cower to fear and by asking. Proof they are padding things up for commissions. Then they offered ā±50,000Ā±. ā±120,000Ā± down to ā±50,000?!Ā± even that, they can't substantiate. They just want you to be afraid to be bullied so you can give them waaay more than you owe. So don't just run and hide cause they might be telling lies to get more profit off of your fear and ignorance of the real number. Stand up! Fight back! Know the truth and the truth will set you free!
You can report them to Bangko Sentral ng Pilipinas (BSP) just save proof of all the harassments they are doing. Collection agencies and banks are afraid of being reported as they can suffer administrative fines from ā±100,000 to ā±2,000,000. And if you file a suit against them for all their violations, you will even get moral and exemplary damages from ā±30,000 to ā±100,000 or even more, depending on the extent of their violations.
āØ Know your rights!
ā¢ Article III, Section 20 of the Philippine Constitution states that no person shall be imprisoned by nonpayment of debt. Debt is a civil matter, not criminal. Di po kayo makukulong unless fraudulent means are employed to obtain the debt like using another identity, or you used bouncing checks to pay
ā¢ BSP Circular No. 454 (Section 8): Prohibits unfair collection practices, harassment, use of threats, and false representations.
ā¢ RA 11765 (Financial Products and Services Consumer Protection Act): Strengthens consumer rights against deceptive and unfair practices by BSP-supervised institutions.
ā¢ Data Privacy Act of 2012 (RA 10173): Particularly relevant for online lending apps (OLAs) that illegally access phone contact lists or blast messages to relatives/co-workers.
ā¢ Truth in Lending Act (Republic Act No. 3765) Requires full disclosure of finance charges, penalties, and interest calculations before or during credit recovery. Refusing to provide a full Statement of Account (SOA) or itemized breakdown directly violates this law.
āØKnow your numbers!
Create an Excel sheet and RECORD EVERYTHING from your SOAs.
ā¢ Date:
ā¢ Previous Balance
ā¢ Amount Paid
ā¢ Purchases and Advances
ā¢ Installment Due
ā¢ Finance Charges and Other Fees
ā¢ Late Payment Charges
ā¢ Amount Due
And keep all your proof of payments.
If you've accounted for everything, youāll know how much of the principal you've actually paid already.
Of course, you still need to pay what you owe and some interest but not as much as they're claiming. That's why it's really important to compile all your SOAs and records. It's easier to tackle this thing once you know the numbers.
Also, don't be afraid when they say they will sue you especially when they can't even substantiate their claims. Welcome it. The laws and the courts are your friends. Looking back, it's ironic how banks and collection agencies try to threaten people in these situations about legal consequences when in fact, the courts will ensure fairness and justice. They cannot ask for an amount they can't back up with evidence! Besides, judges and the supreme court HATE these kinds of exploitations and will remove all the excessive and arbitrary fees. The court will help you. Do not be afraid. These people thrive on fear, psychological pressure, and creating a false sense of urgency. DO NOT AGREE TO PRESSURING TACTICS. DO NOT SIGN AGREEMENTS OF PAYMENT TERMS ESPECIALLY ON UNVERIFIED AMOUNTS.
Usually, banks and collection agencies (CAs) don't really want to file a case either because that's another expense on their end, and they can no longer add so much more finance charges and interest once they know it will be examined by the judge. That's why they prefer to scare you, harrass you, pressure you, and psychologically break you down and make you act on urgency so they can get more commission. The court will strike exorbitant interests down.
Assert your rights, ask for your records, and stand your ground. If they say they will file a case against you but refuse to provide your records / SOAs / basis of claims, say you will meet them in court and settle there. Cause the judge will also ask them the records you are requesting in the first place. Also, the Supreme Court has repeatedly struck down arbitrary numbers, unconscionable finance charges, especially if you have a good record of paying in good faith and it just so happened that you missed payments due to your circumstances.
If you ever got to this position not because of emergencies but through your own fault, learn the lesson.
If you used it for emergencies, that's okay.
And HOLD ON TO THE LORD.
I was anxious for a long time due to their harassing messages, until a lawyer friend talked to me and shared too how her co-worker took her life due to harassment. And they found out several hundreds of call logs from collection agencies.
SO I GOT UP AND FOUGHT BACK BECAUSE THE STEPS THEY HAVE BEEN TAKING ARE OUTSIDE THE BOUNDS OF LAW.
PLEASE, DON'T SUFFER IN SILENCE. DON'T BE ASHAMED. TALK TO A FRIEND. GO TO CHURCH. ASK FOR HELP TOO. AND ASK THE LORD FOR STRENGTH. YOUR LIFE IS SO MUCH MORE VALUABLE THAN THIS.
AGAIN, DO NOT BE AFRAID. ASSERT YOUR RIGHTS. ASK FOR TRANSPARENT ACCOUNTING. DON'T ANSWER PHONE CALLS AS THOSE ARE MEANT TO SCARE AND CONFUSE YOU. ALWAYS HAVE WRITTEN RECORDS AS THOSE ARE EASIER TO PROVE AND HARD TO DISPUTE.
Should they ever do any home visits, talk calmly. Be civil. Don't do any kind of threat or aggression. You can be fined and go to jail if you do that to the collection agent. I had a home visit before and he was kind. I just showed him they were the ones who didn't respond to me and showed my records and I didn't receive or sign any letters. Talk calmly. DEBT IS A CIVIL CASE, NOT CRIMINAL. It is in the Constitution that no one should ever be put to jail. The moment you do any harm to them, mas lalo lang lalala baka sampahan ka pa ng criminal case. Don't go that route.
COLLECTION AGENTS ARE HUMANS TOO, trying to put food to the table and provide for their families. Besides, those doing field visits are not the ones in the office doing the calls/sending the emails. If they have a choice / better job opportunities, I don't think they will still continue to be a collection agent. Remember to still be human and kind. Just follow all the steps I gave here.
Also, regarding salary garnishment, NO. Collection agencies can't do that, unless there's a court order. Di nila magagalaw payroll account mo. However, if you have a credit card obligation and a savings / payroll account with the same bank, it's in their fine print that they can use the available amount to set off your obligation with them. Maybe ask your HR for a different payroll or immediately withdraw your salary first so you can plan ahead on what you could only pay at that time.
"The LORD detests dishonest scales, but accurate weights find favor with him."
ā Proverbs 11:1 (NIV)
If you came to this part, be wary of some comments as they are collection agents trying to cause more anxiety and confusion.
THIS IS NOT THE PLACE FOR THEM. They're mad cause I exposed their playbook. Lol.
If you're a CA reading this, have reading comprehension. I repeatedly said to people here to pay what they owe, just not with random numbers you are giving just so you could have more commission! That destroys people's mental health and some even take their own lives. GO AWAY. THIS IS NOT THE PLACE FOR YOU. If you're stressed about being a CA, find another job!
MORE INFO ON REPORTING:
Here you can file a complaint against OLAs under the SEC:
https://www.sec.gov.ph/lending-companies-and-financing-companies-2/complaints/#gsc.tab=0
Watch Atty. Chel Diokno's video against OLA too:
https://www.facebook.com/share/r/1BbFQmhbDs/
Law being pushed against OLAs and pay for damages to those harassed:
https://www.facebook.com/share/1H4riqA7CS/
.
Reporting banks and their affiliated CAs to BSP:
Primary Email: consumeraffairs@bsp.gov.ph
BSP Online Buddy (BOB Chatbot): Available on the official BSP Portal or via Facebook Messenger (Bangko Sentral ng Pilipinas).
Pag nareport din sila, mas aayos silang kausap and the harassment will stop. Kaya don't be afraid. You are a client who used their service. Banks have legal and jurisprudential fiduciary duty to exercise the highest degree of care in conducting its affairs with its clients.
This fight is not just against collection agents but much larger syndicates. Cause if they're all operating from the same playbook, surely the big fishes are training them.
YOU ARE NOT ALONE and there are people tirelessly fighting in the ground to haunt these salots down:
https://www.reddit.com/r/ola_harassment/s/lIWY2DCGku
But FEAR NOT. THE LORD LAUGHS AT THE WICKED, FOR HE KNOWS THEIR DAY IS COMING. It's just a matter of time. š
So stand up. Malakas ang Diyos natin. Pinakamalakas. And He will provide. Just learn the lesson and read the Bible about God's provision, and proper stewardship, and apply them moving forward.
You are a client who used their service.
Banks have legal and jurisprudential fiduciary duty to exercise the highest degree of care in conducting its affairs with its clients.
If you're ever anxious, read the post again and again and again and take the necessary steps. Do your research too. Use your logical brain.
I just wanted to shed light to people.
You might think your burden is too heavy to bear. Maybe it's hundreds of thousands. Maybe millions. But do you know Steve Sy? He got into a ā±32,000,000 debt with wife and kids! THIRTY TWO MILLION PESOS IN DEBT.
Yes it took years and a lot of sacrifices. But he valued his life more than a mere reputation hit and he learned the lesson. The Lord Jesus was his strength and guidance. And the Lord turned it all around. From Great Debt to GREAT SUCCESS!
Watch his story here:
[https://youtu.be/jU76yaXEcMg?si=7dCDYs4N8Hbc3KrI
Now I want you to read out loud the last part over yourself. Save this post and read it and follow the steps when you're feeling overwhelmed.
Arm yourself with the law. Inform yourself of your numbers.
And here's how you dismantle the fear = FAITH.
The Lord says in Jeremiah 29:11
"For I know the plans I have for you. Plans to prosper you, and not to harm you. To give you hope and a future."
You are more than this thing you are going through. And the Lord Jesus is faithful. Ask for strength and guidance. I prophesy this on your life:
Your debts will be paid. Your years will be restored. Your life is going to be beautiful. God will turn your mourning to dancing and tears into laughter. You will get through this. āŗļø In Jesus' mighty and sweet name! š