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Recososa Law Firm
Recososa Law Firm
Presuming this matter is within Philippine jurisdiction, what you are experiencing may already constitute unfair debt collection practices which are prohibited under Philippine law.
a.) Under the Financial Consumer Protection Act (Republic Act No. 11765) and the Bangko Sentral ng Pilipinas (BSP) Circular No. 1160, a collection agency cannot threaten, harass, or contact you during unreasonable hours. Calls late at night, threats of legal action without basis, or humiliation tactics are unlawful collection methods.
b.) You may politely inform them in writing that you acknowledge the debt and are willing to pay under a reasonable payment plan, but that continued harassment will be reported to the BSP’s Consumer Affairs Office or to the National Privacy Commission if they are misusing your personal information.
c.) The collection agency cannot simply impose interest or penalties that triple your original loan amount unless those were clearly stated in your original loan contract and comply with Article 1956 of the Civil Code, which requires that interest be expressly stipulated in writing. Excessive interest and hidden charges may be questioned or reduced under Article 1229 of the Civil Code and relevant jurisprudence.
d.) If the harassment continues, you may file a formal complaint before the BSP (if the lender is supervised by BSP) or with the Department of Trade and Industry (DTI) or the National Bureau of Investigation (NBI) Cybercrime Division, particularly if the calls and messages are abusive or threatening.
At this point, you may also consider negotiating a debt restructuring or condonation agreement through our office to legally settle the account and stop all unauthorized collection contact.
Our law firm can help you communicate with the agency, send a formal legal demand to stop harassment, and propose a structured payment plan so that you can regain peace of mind while protecting your credit record.
We have offices in Luzon, Visayas, and Mindanao, and we can schedule an initial consultation via Google Meet, Zoom, or an in-person meeting at our office.
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Recososa Law Firm
Presuming this matter is within Philippine jurisdiction, what you are experiencing may already constitute unfair debt collection practices which are prohibited under Philippine law.
a.) Under the Financial Consumer Protection Act (Republic Act No. 11765) and the Bangko Sentral ng Pilipinas (BSP) Circular No. 1160, a collection agency cannot threaten, harass, or contact you during unreasonable hours. Calls late at night, threats of legal action without basis, or humiliation tactics are unlawful collection methods.
b.) You may politely inform them in writing that you acknowledge the debt and are willing to pay under a reasonable payment plan, but that continued harassment will be reported to the BSP’s Consumer Affairs Office or to the National Privacy Commission if they are misusing your personal information.
c.) The collection agency cannot simply impose interest or penalties that triple your original loan amount unless those were clearly stated in your original loan contract and comply with Article 1956 of the Civil Code, which requires that interest be expressly stipulated in writing. Excessive interest and hidden charges may be questioned or reduced under Article 1229 of the Civil Code and relevant jurisprudence.
d.) If the harassment continues, you may file a formal complaint before the BSP (if the lender is supervised by BSP) or with the Department of Trade and Industry (DTI) or the National Bureau of Investigation (NBI) Cybercrime Division, particularly if the calls and messages are abusive or threatening.
At this point, you may also consider negotiating a debt restructuring or condonation agreement through our office to legally settle the account and stop all unauthorized collection contact.
If this answer has helped you, I hope it is not too much to ask to like and share our pages below. This will surely inspire us to do more of this:
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