Demand letter; sample answer to

collecting lawyer
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

Posted by Atty. Manuel J. Laserna Jr. at 8:50 PM   

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