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    Date: 2023-12-21 08:36:59.541736

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    Date: 2023-12-21 09:42:56.177895

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    Date: 2023-12-21 16:01:09.223930

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Unfair Debt Collection Practices

Requested from SEC by P. Ortiaga at 08:36 AM on Dec 21, 2023.
Purpose: Report an unfair debt collection (high interest rates)
Date of Coverage: 12/01/2023 - 12/15/2023
Tracking no: #SEC-145459108512

Ortiaga 08:36 AM, Dec 21, 2023

Hi, I would like to share my experience in PESOLOAN app, I did not approve any loan at first by they automatically send me a money net of 5,800 (Php 6,000 less of processing fee) I was not prepared by that. After such, I was about to return the money instantly for I'm not opt to borrow. 
 
However, the interest rate applied to my account and after a week, I need to repay the money. 

Currently, they want me to repay them almost 12,000, almost doubled of the borrowed money. 

They are calling me nonstop as well as my family.

Gonzales 09:42 AM, Dec 21, 2023

December 21, 2023

Dear Pathyll May,

Thank you for your request dated Dec 21, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Unfair Debt Collection Practices.

We received your request on Dec 21, 2023 and will respond on or before Jan 11, 2024 08:36:59 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFNFQy0xNDU0NTkxMDg1MTIM, for request with ticket number #SEC-145459108512.

Thank you.

Respectfully,

Isma Gonzales
FOI Officer

Quimio 04:01 PM, Dec 21, 2023

December 21, 2023

Dear Pathyll May Ortiaga,

Greetings!

Thank you for your request dated Dec 21, 2023 08:36:59 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Unfair Debt Collection Practices.

Response to Request

To find out more about the specifics of your complaint, you may file a formal complaint with us by following the instructions below:

1.      To File a Formal Complaint Against a Lending or Financing Company

Kindly follow this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/.

Please read and follow the instructions carefully to avoid the outright dismissal of your complaint.

In sending the complaint form to flcd_complaints@sec.gov.ph via e-mail, kindly use the following format in the subject head of the e-mail: COMPLETE NAME _RESPONDENT COMPANY _ SUBJECT OF COMPLAINT (ex: JUAN DELA CRUZ_ABC LENDING_DISCLOSURE STATEMENT VIOLATION).

2.      To verify Lending Companies, Financing Companies and Online Lending Platforms

For a list of registered lending and financing companies, follow these links:

a. Registered Lending Companies

https://www.sec.gov.ph/lending-companies-and-financing-companies-2/list-of-lending-companies-2/

b. Registered Financing Companies

http://www.sec.gov.ph/lending-companies-and-financing-companies/list-of-financing-companies/

For a list of recorded online lending platforms of lending and financing companies, please refer to this link:

https://www.sec.gov.ph/lending-companies-and-financing-companies-2/list-of-recorded-online-lending-platforms/

3.      For more information on Lending and Financing Companies

For more information, refer to this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/
 
As to your issues on data privacy violation or violations of R.A. 10173, or the Data Privacy Act of 2012, please contact:

Atty. Michael R. Santos
Chief, Complaints and Investigation Division
National Privacy Commission
 
Address: 5th Floor Delegation Building, PICC Complex, Roxas Boulevard
E-mail:  complaints@privacy.gov.ph; hearings@privacy.gov.ph
Landline: 02-8-2342228 loc 114 or 115
Mobile Number: 0905-5061478 (Globe); 0970-8180555 (Smart)

Pinagiingat ang publiko sa mga nagpapangap na registered Lending o Financing Company na nag-aalok magpautang pero manghihingi muna ng deposito (advance fee) sa borrower.

Pagkatapos makakuha ang “advance fee“ galing sa borrower, ay ibo-block o tatakbuhan na sila ng mga nagpapangap na Lending at Financing Company. 

Madalas ang panloloko ay nagaganap sa “Telegram” at iba pang social media platform.

Ang biktima ay isasali sa isang group chat (GC) kasama ang mga nagpapangap na borrowers na nakatanggap ng  loan sa tulong ng pekeng Lending o Financing company. Madalas, ang mga makakausap sa GC ay hindi Pilipino o tunog banyaga magsalita.

Ipinapaalala namin na ang mga lehitimong lending o financing company ay hindi humihingi ng deposito,  processing fee or advance fees mula sa mga borrowers bago magpautang.

Pinapayuhan ang publiko na maging mapanuri, mapagmatyag at umiwas sa mga ganitong klaseng modus operandi.

Huwag umutang o makipag- transaction sa mga ganitong kumpanya.

Thank you for your time and effort in assisting the Commission in our mandate to regulate and supervise lending and financing companies. 

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to the Commission Secretary at comsec@sec.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.


Thank you.

Sincerely yours,

Atty. Kenneth Joy A. Quimio
Asst. Director
Financing and Lending Division
SEC

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