Can a bank debit from your account without your consent?

[kawen]

Hi Girls, please give me advice on this, na experience niyo na ba 'to? Yesterday, I was assuming I still have 2k in my savings-payroll account sa BPI.. then when I checked online, nawawala na ang 2k which I was going to use for food budget this week... since ssweldo naman this Friday.. now I don't know what to do... hay ayaw na ayaw ko mangutang.

I am financially struggling for almost 6 months now and have failed to settle my credit card with BPI.. meaning for 3 months di ako nakakabayad because my salary is enough for the household expenses.. so everything I earn goes to the utilities, transpo, food, rent, yaya and the needs of my son.. I am a single mom... I support all this myself..

So my question is this, can a bank really debit from your account without your consent? I know I have been really irresponsible, fault ko for not settling it , yun lang I just felt bad that they can just do sonething like that. I already reported and called them regarding this and will be calling collections.

Any similar experience? Can I get my money back? I just want to know what to say sa collections when I complain... Please advice.

[cody23]

Am assuming your credit card is also of BPI right? If so, I believe it's in the terms and conditions of BPI for unsettled account they can deduct it from your existing account with BPI without any notice. On the other hand, were you able to confirm that it had been deducted by BPI, not stolen (hacked) ?

[mxherr5]

Sis, as far as I know.. yes they can.
Like Metrobank.. my wife's payroll account is with
Metrobank and employees report that if you have
a credit card and you are late for just a little bit
they will take the liberty of paying the card for you
i.e. debit your account without permission haha

I'm not sure if this is really 100% legal though

You can check the terms and conditions of BPI's card here
http://www.bpicards.com/Page/60

#9 directly states that it will debit any savings or
current account but I think this is for secured cards

#10 states though that it will take any monies, properties, etc
that you have with BPI

10. RIGHT OF SET OFF – Effective upon his/her failure to pay his/her obligation arising from the use of the CARD, the Cardholder and/or his/her supplementary does hereby assign and transfer to BPI, without need of demand, and by these presents have assigned and transferred to BPI, any monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any member of the BPI Group of Companies (BGC) or any of their subsidiaries or affiliates, on deposit or collateral or otherwise to the credit of and belonging to the Cardholder and/or his/her supplementary.

[kawen]

Am assuming your credit card is also of BPI right? If so, I believe it's in the terms and conditions of BPI for unsettled account they can deduct it from your existing account with BPI without any notice. On the other hand, were you able to confirm that it had been deducted by BPI, not stolen (hacked) ?

Yes, its confirmed that it was for payment of my credit card when I called the CSR..

Yup, BPI din ang cc ko..

[kawen]

Sis, as far as I know.. yes they can.
Like Metrobank.. my wife's payroll account is with
Metrobank and employees report that if you have
a credit card and you are late for just a little bit
they will take the liberty of paying the card for you
i.e. debit your account without permission haha

I'm not sure if this is really 100% legal though

You can check the terms and conditions of BPI's card here
http://www.bpicards.com/Page/60

#9 directly states that it will debit any savings or
current account but I think this is for secured cards

#10 states though that it will take any monies, properties, etc
that you have with BPI

10. RIGHT OF SET OFF – Effective upon his/her failure to pay his/her obligation arising from the use of the CARD, the Cardholder and/or his/her supplementary does hereby assign and transfer to BPI, without need of demand, and by these presents have assigned and transferred to BPI, any monies, securities, properties (real or personal) and things of value which are now or may hereafter be in the possession, custody or control of BPI or any member of the BPI Group of Companies (BGC) or any of their subsidiaries or affiliates, on deposit or collateral or otherwise to the credit of and belonging to the Cardholder and/or his/her supplementary.

Thank you for this! I've been reading blogs before that this can never happen, even if you have the same account for savings and cc.. kaya mejo kampante ako then this happened. In the blog, sinabi ni Banker (blogger) you can complain.

Actually, the account I have is my payroll account, hayz natatakot na ko that they can just deduct from me anytime and what if I really needed the money for emergency. I do have plans settling my cc when I have the money..

[heaven_charm]

Just withdraw you money nalang para di na i-debit ni BPI. Or open another atm account sa other bank, mura lang naman para dun mo ilagay yun money mo after withdrawal

[aquacharly]

KAWEN, It's still a BPI account, fed by a company payroll arrangement. 

I beg to disagree -- do not open another account. What you should focus on is better management of your credit card use.  When you delay payments, the interest kicks in & then, the penalties.  Talk to a credit card rep & arrange for settlement of your card arrears on terms manageable to you.  Do it asap, or you may be surprised your account gets zeroed out again on Friday. 

[mxherr5]

@kawen, i think he is technically correct.
They have to have like a garnishment order before
they can get your money.

But then again, what are you going to do about it?

File a case against them?
Then you go thru the motions of the case which
would take a long time...

In the end, you lose. You lose time and money
in pursuing the case and you still owe them money.

***
Gaano ba kalaki tong utang mo?
You're in danger of getting buried alive in fees and penalties.

Do you have a "nice" phone?
Could you sell it and buy one of those very cheap phones instead?
I saw one in CDR-King for less than 1,000.

Could you let your yaya go and at the same time save on rent
by going back to your parents?

[kawen]

^mherr5 yes that's what I know too.. I won't really file a case, I just want to make sure that I am going to reason out that what they did was wrong.. plan to settle the balance once I get the money.

aquacharly hi again, yeah of course I won't be opening another account.. Well actually I already loaned from the office which automatically deducts to my salary, I am just waiting for the money to be released to pay off the balances.

Guys, I am so embarrassed to say this and I admit I am really in debt, hay.. I have 3 cards and maxed out.. There's a 65k (HSBC), 30k (BPI) and 20k (EastWest, 12k yung due, the rest is the installment).. the amount I loaned is 60k..

Which one should I pay off first? if I can negotiate the terms to lessen the amount for BPI, can I first pay off the 30k and 12K? Hay ang laki na sa HSBC..

Thanks for your help!

[cody23]

^ regarding the deduction, did you check your cc terms and conditions? Nowadays cc put on their t&c the right to deduct from overdue balances, normally they added also that using the card means agreement to their t&c already.

anyway regarding for your payment, which card have the highest interest? Pay that off first, if the same,  pay off the bpi and the 12k eastwest, since your  8k in your ew is installment (assuming 0%) the balance from your office loan you can pay off the hsbc and the balance thereof you can do a credit card balance transfer giving you a lower interest rate.

[agape]

It's better pala na separate ang banks mo for CC and savings.

[AVIDGOLFER]

In my case, my bank doesn't debit anything that I spent out from my cc which also comes from the same bank which I have an account. Though I received notice for the purchases I made from my cc but then the bank doesn't just debit any amount as payment from my account on their own initiative. When I received notice I incurred with cc, I immediately settle it online and that's the time my bank will debit the amount I made through online banking.
Siguro pwedeng mangyari na i deduct nila ang amount na nagamit ko from cc kung talagang  hindi ko na settle pero hindi basta basta at baka mag pile up lang ang interest pag hindi na settle on time pero hindi sila basta basta nag dededuct sa account ng walang permiso sa akin. Cyanga pala...international bank yan.

[kawen]

Hello there! Just an update on this. I am happy to say I already settled my debts. For my HSBC account which was the biggest liability, I paid it in cash 2 gives for 50K+ from the original 70K, dapat magiinstallment ako but then paying it in full will save me 12K so that's what I did paid it all.. For my BPI, I settled it by paying in installment, 2k a month for 8 months starting now..

Whef! Finally I am okay.

[prettychestnut]

Hindi pa nangyari ito sa akin pero they gave me warning such that if i will not pay in due time, idedebit nila yung atm payroll ko to pay for that minimum amount of my balance sa cc ko. I work in a bank and i have the cc of the same bank.

Naayos ko naman sa awa ng Diyos.

[marssie]

Eto rin ang iniisip ko, im planning to open an account sa BPI but similar to my friend's case, his wife has an unpaid CC from BPI, delinquent account, then he opened an account for his daughter sa BPI, ITF sa friend ko.. Fear ng wife niya since naka-declare sa application form na siya ang mother, baka daw ang singilin yung account ng daughter niya.. is it really possible?

[prettychestnut]

naku po. advise ko lang, sa ibang bank nalang mag open, wag na dun kung saan may delinquent account. nasisilip yun.

or much better if you will settle your balance sa bpi then mag open na on the right time, sa bpi na. =)

[marssie]

^kaso sis paano ba bayaran ang utang sa CC na halos 5 years ng walang contact sa kahit na sinong agent?