Date…
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,
ADDRESSED TO xxx xxxx
MABUHAY:
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
CONFORME/NOTED:
MRS. Xxx xxx
Client
