I need your assistance. I got money from a cash loan but failed to pay them for the first two months. I got a summons last month and I requested to pay half of the money I owed at month end of November as I had no money but before the agreed month end they came to me saying they needed to attach my property and if I fail to pay then they will have to take it. The first man who came had some documents that said my car was security. Later during the day another man came saying they came to collect my car until I pay the full amount I owe. He sent me bank details to deposit the money before end of that day or else in the morning they come for the car. The tricky part is the gentleman who came to collect the did not know about the one who came first but he had all my documents even the registration number for the car.
I owed the cash loan P3,500 but now it’s P7,000 plus P4,800 for legal fees and P2,200 for the sheriff, total around P14,000. I already paid them P6,000 but they still want to take car even though I offered to pay them P1,000 per month.
May I kindly request if this is the procedure if I have been summoned by a cash loan?
I suspect that this very much IS the procedure that a cash loan will follow in this situation. I also suspect that there’s very little you can do about this because you almost certainly agreed to all of this when you signed the loan agreement. A company is also entitled to go to court if someone owes them and to apply for an order to attach property to recover their money.
The starting point is that you do indeed owe them money. You borrowed P3,500 from them and agreed to their terms. This is all governed by the “in duplum” rule which says that the interest charged when a debt like yours is settled cannot exceed the capital amount that remains outstanding. For once this lender is obeying that rule, only demanding P7,000, twice the capital amount you borrowed. Unfortunately, the other costs of recovering the debt such as the attorney and debt collector fees are probably reasonable in the circumstances.
From what you say, it seems that the lender already went to court and was given a court order allowing them to instruct a deputy sheriff to seize your car and then, I assume, to sell it to get their money back. The good news is that any money left over from the sale of the car should be returned to you. However, so long as they get the money they’re owed I suspect they won’t care greatly how much money they sell it for. It’s possible you won’t get very much back from them so I really urge you to contact them one last time to see if you can agree a repayment plan.
Can they behave like this?
And again if I want to report them where can I go and report.? Thank you.
No, they are certainly NOT allowed to do this. They never have been and they aren’t now either. Those of us who remember the days before the micro-lending industry was regulated can recall the tricks they got up to. They charged enormous levels of interest, took people’s ATM cards regularly and behaved like a bunch of crooks. Things are a lot better now that NBFIRA started to regulate the industry but clearly there are still some crooks out there.
One of the first things NBFIRA did with micro-lenders was to make it clear that it was illegal for them to take and hold someone’s ATM card so I suggest that you contact NBFIRA as soon as possible and register a complaint with them about this obviously very suspicious company. If they’ve taken your mother’s card I suspect they’ve taken other people’s cards as well and they need to be stopped. We need to stop this loan shark from doing this!
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