Saturday, July 22, 2017

Demand letter; sample answer to collecting lawyer


ATTY.  xxx xxx
Counsel for xxx
Xxx xxx Law Offices
Unit xxx, xxx Floor, xxx
Xxx St., xxx
Xxx, xxx City

RE     :        YOUR DEMAND LETTER, DATED xxx,


We represent Mrs. Xxx xxx.

This refers to your aforecited Demand Letter, dated xxx, addressed to Mrs. xxx.

We are writing in behalf of Mrs. Xxx, with her conformity below, to state the following facts, issues and proposals:

1.       Our client respectfully denies your total claim of Pxxx , there being no legal and factual basis for the said claim.

2.    The position of our client is that her total unpaid loan obligation as of this time amounts only to Pxxx. This amount includes both the PRINCIPAL AND THE ACCUMULATED INTERESTS as of this time.

3.    There were no contract/s of loan or promissory note/s in re: the above transaction/s. All transactions with your client, Ms. Xxx, were not documented by written contract/s or promissory note/s since 2000 or thereabout up to the present time. Payments made by our client to your client were either in CASH or via CHECKS.

4.    No Official Receipts were ever issued by your client to our client since their creditor-debtor relationship started in 2000.

5.     There is no showing that your client is a duly registered lending businessperson in accordance with Philippine laws and administrative rules and regulations.

6.    The lending business of your client does not appear to be registered with the Securities and Exchange Commission, the Department of Trade and Industry, the City Government of Makati (where she resides) or in any City Government in the country, the Bureau of Internal Revenue, the Offices of the Mayor or Business Permit and Licensing Offices of Makati City, where she resides or in any other city in the country.

7.     There is no showing that your client, as a lending businessperson, complies with the National Internal Revenue Code and other national and local taxation laws.

8.    The above violations are special crimes and felonies under the Revised Penal Code and other applicable taxation, administrative and business laws of the country.

9.    To the recollection of our client, and as per the informal records of your client, our client has paid your client the following INTERESTS:

·        Pxxx paid on xxx (interest for xxx);
·        Pxxx  paid on xxx (interest for xxx);
·        Pxxx paid on xxx (interest for xxx); and
·        Pxxx paid on xxx (interest for the whole year xxx).

Our client hereby reiterates her 2015 offer to your client to fully settle her account/s by surrendering to your client her jewelry valued at almost P500,000,000.00. In 2015, your client kept the jewelry for two months to be allegedly appraised by an expert. Ms. Ocampo demanded that the value of the jewelry be reduced by thirty percent. Our client  declined the counter-offer of your client. No agreement was reached. Our client thus retrieved the jewelry. At this time, our client reiterates her same offer to once and for all fully settle this controversy.

10.                         Our client has been a very good paying client to your client for more than one decade now since 2000.

11.    Your client knew that the amounts that our client had obtained from her were for the emergency medical requirements of her daughter, who was suffering from a major heart disease.  Our client is prepared to provide copies of the medical records of her daughter if required by your client.

12. The parties involved in this controversy have known each other since their school days (xxx College) and eventually became good friends. They should explore all ways and means possible to amicably settle this controversy without recourse to painful, costly and delayed litigation.

13. Note, too, that in the past our client had requested your client to reduce the verbally agreed USURIOUS AND IMMORAL interest from five percent a month to one per cent a month. The interest of five percent a month imposed by your client may  not be illegal but the Supreme Court in many cases has reduced the same to two percent a month based on equity and fairness.

14. Our client believes that her obligation should be RESTRUCTURED based on one percent interest a month in the interest of justice and fairness, considering that for more than one decade since 2000 your client has earned and collected from our client huge amounts at five percent monthly interests and considering, further, that our client has been a very good client and friend to your client for more than one decade. Our client hereby reiterates the said request of reduction of interest to one percent a month.

PREMISES CONSIDERED, our client Mrs. Xxx xxx hereby requests that a SPECIAL CONFERENCE be held between the parties and their lawyers to AMICABLY SETTLE this controversy without unnecessary litigation.

Please feel free to instruct to your staff to contact our client Mrs. Xxx xxx through her home landline xxx to discuss the details of the requested special conference, if one is agreed to by your client.

Meanwhile, it is requested that your law office defer any unnecessary judicial and other legal actions pending negotiations between the parties and their lawyers.

Thank you.

Sincerely yours,

Atty. xx xx xx
Xxx x xx x xxx


MRS. Xxx xxx