Executive Summary
Double-charged loan repayments are fixable. Under Philippine law, money paid by mistake must be returned (the civil law doctrine of solutio indebiti and the broader principle against unjust enrichment). Combine that with consumer-protection rules for lending and electronic payments, and you have clear avenues to (1) document the error, (2) demand an immediate refund (plus legal interest), and (3) escalate—first to your bank/e-wallet, then to regulators, and finally to court (usually through Small Claims).
Legal Foundations
1) Solutio indebiti (Payment by Mistake)
- If you transferred money not due—including a duplicate payment—the recipient must return it.
- A claim arising from solutio indebiti is a quasi-contract and generally prescribes in six (6) years from the time the mistake and payment occurred.
2) Unjust Enrichment
- No person should profit at another’s expense without legal basis. Keeping a duplicate payment when only one is due constitutes unjust enrichment.
3) Lending and Disclosure Laws
- Lending Company Regulation Act (RA 9474) and SEC rules govern lending/financing companies (including many online lending apps). They require fair dealing and compliance with their own disclosed terms.
- Truth in Lending Act (RA 3765) requires clear disclosure of loan costs; while not directly about refunds, it supports transparency expectations when you query charges.
- Consumer Act (RA 7394): prohibits unfair or deceptive conduct and protects consumers in credit transactions.
4) E-Commerce & E-Payments Context
- E-Commerce Act (RA 8792): electronic documents/records are legally recognized—your screenshots and e-receipts are valid evidence.
- Payment Disputes: Banks/e-wallets operating in the Philippines maintain error-resolution channels for erroneous or duplicate transfers (chargeback/trace-and-refund workflows). Use them in parallel if the duplicate payment flowed through their rails.
5) Data Privacy & Collections Conduct
- If, after you raise the error, the lender harasses you or discloses your data, this can implicate Data Privacy and abusive collections rules—grounds for regulator complaints and separate damages.
6) Interest on Sums Wrongfully Withheld
- Courts commonly award legal interest at 6% per annum on amounts wrongfully retained, computed from the date of demand until full payment.
Practical Roadmap
Step 1 — Confirm the Duplicate
Create a single packet of evidence:
- App ledger and payment history showing two identical (or overlapping) repayments for the same billing cycle.
- Bank/e-wallet proofs (transaction IDs, timestamps, reference numbers, screenshots).
- Your loan statement showing what was actually due for the period.
- Any system messages (SMS/email/in-app) acknowledging payment receipt—sometimes the app auto-credits only once, leaving the second payment “floating.”
Tip: Name files clearly (e.g., 2025-09-09_GCash_Ref123456.pdf). Align times to Philippine time.
Step 2 — Internal Resolution With the Lender (Write Immediately)
Contact support through all official channels (in-app chat, email, hotline). In your first message:
- Identify the loan account and specific due date/period.
- Cite duplicate payment and solutio indebiti.
- Request refund or proper reversal within a defined timeframe (e.g., 5 banking days).
- Attach evidence packet.
- Ask for a ticket/reference number.
Follow up once after 48–72 hours. Keep a log of dates, names, and replies.
Step 3 — Parallel Track: Dispute With Your Bank/E-Wallet (If Applicable)
If the second payment was pushed via your card, bank transfer (InstaPay/PesoNet), or an e-wallet:
- File a transaction dispute selecting the reason “duplicate/erroneous payment.”
- Provide the merchant name (lender), amount, date/time, and reference numbers.
- Your bank/e-wallet can coordinate with the receiving institution for recall or chargeback when supported by network rules. This route is helpful when the lender is unresponsive.
Step 4 — Formal Demand Letter
If the app doesn’t refund quickly, send a written demand letter (email + hard copy to the company’s registered address if available):
- Anchor on solutio indebiti and unjust enrichment.
- Reiterate the exact amount, transaction IDs, and date of mistaken payment.
- Demand: (a) refund to the original payment rail, or (b) immediate credit to outstanding principal (if you prefer), plus 6% per annum legal interest from date of demand.
- Give a firm deadline (e.g., 5 banking days from receipt**).
- State intent to escalate to SEC and to pursue Small Claims if unresolved.
A sample letter is provided below.
Step 5 — Regulatory Escalations (Free/Low-Cost)
A) Securities and Exchange Commission (SEC) For lending/financing companies and online lending apps:
- File a complaint detailing the duplicate payment, the company’s inaction, and attach your evidence and demand letter.
- Ask for direct refund and compliance review.
B) Bangko Sentral ng Pilipinas (BSP) If a bank/e-money issuer is involved in the payment chain (e.g., your e-wallet/bank failed to process a reversal despite clear error), file a consumer assistance complaint against that payment provider for failure to resolve an erroneous transfer.
C) National Privacy Commission (NPC) If, amid the dispute, the lender harasses contacts, scrapes phonebooks, or mishandles your data, lodge a data-privacy complaint with screenshots and call recordings.
You can file with more than one agency if issues overlap (e.g., refund problem + abusive collections).
Step 6 — Small Claims (Fastest Court Route)
If the amount remains unpaid:
- Jurisdiction: Small Claims Courts (first-level courts) handle money claims up to ₱1,000,000 (exclusive of interest/costs/attorney’s fees).
- No lawyer required (though you may consult one beforehand).
- What to file: Statement of Claim + your evidence (transactions, chat/email logs, demand letter).
- Defendants: The lending company (and, if appropriate, its local entity).
- Relief: Refund of the duplicate payment plus legal interest, filing costs, and, where justified, damages or penalties allowed by law.
- Venue: Your residence or where the defendant resides/does business.
- Prescription: File within six (6) years from payment.
Step 7 — Settlement Options
Often lenders prefer an account credit (offset) rather than a cash refund. That’s acceptable if:
- You agree in writing,
- The credit is immediate and visible in the app statement, and
- It doesn’t increase interest or alter your amortization to your disadvantage. If you need cash back (not credit), say so explicitly.
Evidence & Documentation Checklist
- Government-issued ID (to match account).
- Loan agreement and current amortization schedule.
- App payment ledger (CSV/PDF/screenshots).
- Bank/e-wallet e-receipts with reference numbers.
- Correspondence log (dates, names, summaries).
- Demand letter and proof of service (courier tracking, email headers).
- Any system errors (e.g., “Payment failed—try again,” then both debited).
Common Pitfalls (and How to Avoid Them)
- Deleting or overwriting app data. Export statements before updates or uninstalling.
- Mixing billing cycles. Mark clearly which period the double payment concerns.
- Accepting vague promises. Always ask for written confirmation with the refund amount, method, and date.
- Letting it drag on. Your claim earns 6% legal interest from the date of demand—make a written demand early.
Template: Demand Letter for Refund (Double Payment)
[Your Name] [Address] [Email / Mobile] Date: [Month Day, Year]
To: [Lending App / Company Legal Name] Address/Email: [Registered Address / Support Email]
Subject: Demand for Refund of Double Payment — Solutio Indebiti
I am a customer under Loan Account No. [____]. On [date/time, Philippine time], I mistakenly made a duplicate payment of ₱[amount] for the [billing period/due date], via [bank/e-wallet], with reference numbers [Ref A] and [Ref B]. Only one payment was due; hence the second payment was not owed.
Under the Civil Code doctrine of solutio indebiti and the principle against unjust enrichment, you are legally obliged to return the amount unduly paid. I therefore demand, within five (5) banking days from your receipt of this letter, either:
- Cash refund of ₱[amount] to the original payment rail ([bank/e-wallet and account details]), or
- Immediate credit of ₱[amount] to my loan account without increasing any interest or charges.
Should you fail to comply, I will file formal complaints with the Securities and Exchange Commission and other competent authorities, and I will pursue a Small Claims action to recover the amount with legal interest at six percent (6%) per annum from the date of this demand until fully paid, plus costs.
Attached are copies of the payment confirmations, account statement, and correspondence logs.
Please reply in writing with your confirmation and the specific date and mode of refund/credit.
Sincerely, [Your Name] [Signature, if hard copy]
FAQs
Can I just stop paying future installments until they “use” the duplicate? Risky without a written agreement. Missing a scheduled repayment can trigger late fees and negative reporting. Get written confirmation that the excess is applied to principal/next due.
They insist the second payment was “processing” and can’t be reversed. Processing delays don’t justify keeping money not owed. Ask for a timeline and proof of an initiated refund/reversal (ARN/trace number if applicable). Escalate if they stall.
What if the duplicate resulted from the app crashing and I tapped again? It’s still payment by mistake. Your app logs and two debit entries will support the claim.
Do I need a lawyer? Not to file Small Claims, though legal advice can help. Regulator complaints are designed for self-help filing.
How long do I have to act? The quasi-contract claim generally prescribes in six (6) years—but act immediately to simplify recovery and preserve e-records.
One-Page Action Plan (Pin it!)
- Assemble proof (receipts + app ledger + statement).
- Notify the lender in writing; cite solutio indebiti; request refund within 5 banking days.
- Open a payment dispute with your bank/e-wallet for the duplicate transaction.
- Send a formal demand letter (email + hard copy).
- Escalate: SEC (lender), BSP (payment provider issues), NPC (privacy/harassment).
- File Small Claims if still unpaid—seek amount + 6% interest + costs.
Final Notes
- Keep communications polite and precise; attach evidence every time.
- Prefer refund to source, unless you truly want a principal credit.
- Document everything—clear records often resolve cases before you reach court.
You can paste your own details into the template above and send it right away. If you want, I can also tailor the demand letter to your specific facts (names, dates, refs, amounts).