How to File a Complaint Against a Lending Company in the Philippines
This guide explains your options—administrative, civil, and criminal—when a lending or financing company (including app-based lenders) violates your rights.
1) Know who regulates whom
Different regulators handle different types of lenders. Complaints are more effective when sent to the right office.
- Securities and Exchange Commission (SEC) – Regulates lending companies and financing companies, including most online lending platforms (OLPs) and collection agents they hire.
- Bangko Sentral ng Pilipinas (BSP) – Regulates banks, credit card issuers, pawnshops, e-money issuers, and money service businesses.
- Cooperative Development Authority (CDA) – Regulates credit cooperatives.
- National Privacy Commission (NPC) – Handles data privacy violations (e.g., scraping your contacts, “debt-shaming,” unlawful disclosure).
- PNP Anti-Cybercrime Group (PNP-ACG) / NBI-Cybercrime Division – Handles threats, extortion, doxxing, and other cyber-offenses.
- Local Government Units (LGUs) – Accept reports regarding business permits (useful against illegal physical “5-6” operators), though licensing of lending companies proper is with the SEC.
If you’re unsure which regulator applies, identify the entity name on your loan agreement or receipts and check whether it’s a bank (BSP), a cooperative (CDA), or a lending/financing company (SEC).
2) Common grounds for complaints
- Harassment / unfair debt collection (threats, insults, stalking, contacting people in your phonebook, public shaming, fake “legal” notices, misrepresentation as law enforcement, repeated calls at unreasonable times).
- Unauthorized processing of personal data (accessing your contacts, posting your photo/details, group texts to your employer/family).
- Misrepresentation and deceptive practices (hidden fees, bait-and-switch, false interest computation, unauthorized rollovers).
- Unlicensed or “fake” lender (no SEC registration and/or no secondary license to operate as lending or financing company).
- Illegal collection charges (fees not disclosed in the contract; “processing fees” deducted upfront without proper disclosure).
- Breach of contract or unconscionable terms (e.g., unclear interest compounding, unilateral changes).
- Threats, defamation, extortion, or other crimes under the Revised Penal Code and cybercrime laws.
3) Evidence you should gather (before you file)
Create a dated file. Include:
Identity of the lender (registered name, business name, app name, addresses, website).
Your contract & disclosures (loan agreement, schedule of fees, amortization table, screenshots of in-app terms).
Proof of payments (receipts, bank statements, transaction confirmations).
Harassment proof
- Screenshots/recordings of calls, texts, chats, social media posts.
- Full message headers or file metadata where possible.
- Names/numbers of collectors, dates/times of calls.
Privacy violations (screenshots of messages sent to your contacts, evidence that the app accessed your phonebook).
Any demand letters sent or received.
A timeline (date of loan, due date, first harassment, complaint to lender, etc.).
Tip: Keep originals; submit clear copies. Redact sensitive information that regulators don’t need (e.g., full account numbers of third parties).
4) Where and how to file
A) If it’s a lending/financing company → SEC
What to prepare
- Complaint/Affidavit stating facts in chronological order and the relief you want (e.g., sanctions, order to stop harassment, refund of illegal fees).
- Identification (valid ID).
- Proof of relationship (contract, statements).
- Evidence (see Section 3).
- Authorization if filing through a representative (SPA).
How to file
- Submit via the SEC’s public complaint channels (online intake, email, or in person at the SEC Main/Extension Offices).
- Mark the subject clearly: “Complaint vs. [Company Name] (Lending/Financing Company) – Unfair Debt Collection/Privacy Violations/Unlicensed Operations.”
- Ask that the matter be endorsed to the Enforcement and Investor Protection Department (EIPD) or the appropriate SEC unit handling lending/financing cases.
Possible outcomes
- Administrative sanctions: fines, suspension/revocation of license, takedown of an OLP, public advisories, referral to prosecutors.
- Mediation/conciliation is sometimes facilitated but not guaranteed.
B) If it’s a bank, pawnshop, credit card issuer, EMI, MSB → BSP
- File a consumer complaint with the BSP’s consumer protection office.
- Banks and BSP-regulated entities must have an internal complaints process; attach proof that you first lodged a complaint with the institution and the result (or lack of response).
C) If it’s a cooperative lender → CDA
- File with CDA regional/central offices, attaching the loan documents and proof of membership/transaction.
D) If there are data privacy issues → NPC
- File a Data Privacy Complaint.
- Include evidence of unauthorized contact scraping, disclosure to third parties, or publication of your personal data.
- If the abuse is ongoing, request immediate cease-and-desist and erasure measures.
E) If there are criminal acts (threats, extortion, defamation, doxxing, computer-related offenses)
- File a criminal complaint with the City/Provincial Prosecutor.
- For cyber-related conduct, coordinate with PNP-ACG or NBI for preservation of electronic evidence and identification of perpetrators.
5) Step-by-step playbook (practical)
Stop the bleeding
- Change app permissions; revoke contact and storage access for offending apps.
- Notify your close contacts and HR that any shaming messages are abusive and under investigation.
Write a firm complaint to the lender (keep it professional). Demand: stop harassment, communicate only through you (or your counsel), provide a correct statement of account, and identify all fees/interest in writing.
Escalate to the right regulator (SEC/BSP/CDA) and the NPC if privacy was violated. Attach your lender complaint and proof of non-compliance or abusive response.
Consider civil remedies
- Small Claims (no lawyer required) to recover money you paid due to illegal fees or to enforce clear contractual rights, up to the prevailing small-claims jurisdictional amount (check the latest threshold; it has increased in recent years).
- Regular civil action if you seek damages for harassment or invalidation of unconscionable terms.
Consider criminal action if you received threats, extortionate messages, or identity-related abuse.
Preserve evidence continuously (screenshots, call logs). Back up to cloud/external drive.
6) Special scenarios
Online lending apps (OLPs)
Unfair collection includes:
- Contacting people from your phonebook.
- Public “debt shaming.”
- Threats, insults, or profanities.
- Misrepresenting as lawyers/police/courts.
What to do
- Take full-screen screenshots showing app name, time, and message sender.
- Export app permissions (Settings → Apps → Permissions) and screenshot them.
- Include Google Play/App Store listing screenshots to tie the app to the corporate entity.
Unregistered or “ghost” lenders
- Report to SEC (request investigation and advisory).
- If the collector refuses to disclose the registered name/address, say so in your affidavit—it helps show evasiveness.
Debt sold to third-party collectors
- Ask for proof of assignment/authority.
- Collectors must identify themselves, the creditor, and the amount owed; they may not misrepresent or threaten you.
You admit you owe—but methods are abusive
- You can pay what is truly due while complaining about the abusive acts.
- Ask for a correct, itemized statement and proof of computations; dispute any unauthorized fees in writing.
7) Template: complaint letter to the lender
Subject: Formal Complaint – Unfair Collection / Data Privacy Violations To: [Company Name & Registered Address / Email]
I am [Your Name, ID No.], borrower under Loan No. [___] dated [date].
Complaint: Since [date], your staff/agents have [describe acts: threats, contact scraping, public shaming, misrepresentation, hidden fees]. These are unfair debt collection practices and violate my rights under Philippine law, including data privacy standards.
Demands:
- Cease all harassment and communicate only via [your channel] during reasonable hours.
- Delete unlawfully collected personal data and refrain from contacting third parties.
- Provide an itemized statement of account showing principal, interest, and authorized charges, with legal/contractual bases.
- Identify your registered corporate name, address, and the names/phone numbers of the collectors involved.
If unresolved within [reasonable period, e.g., 7–10 business days], I will elevate this to the SEC/BSP/CDA and NPC, and consider civil and criminal action.
Sincerely, [Your Name & Signature] Attachments: contract, screenshots, proof of payment
8) Template: affidavit for regulators (SEC/NPC) – key parts
- Affiant details (name, age, address, ID).
- Respondent (registered name if known, app name, addresses, numbers).
- Facts in order (bullet timeline).
- Specific violations (unfair debt collection acts, privacy breaches, deception).
- Evidence list (Annex “A” – Contract; “B” – Screenshots; “C” – Receipts; etc.).
- Prayer/Relief sought (sanctions, cease-and-desist, erasure of data, refund of illegal fees, referral for prosecution).
- Jurat (sworn before a notary public; attach government ID).
9) Frequently asked questions
Q1: Do I have to pay if the lender used illegal methods? Yes—legitimate principal is still generally payable. But illegal fees and abusive collection can be challenged, refunded, and sanctioned. Pay only what is properly due after you receive a correct itemization.
Q2: Is “usury” still a thing? Statutory interest ceilings were suspended decades ago; however, regulators may impose caps/controls on certain products, and unconscionable or deceptive pricing remains actionable. The absence of a hard cap does not legalize harassment or hidden charges.
Q3: Can they contact my employer/family? Not without lawful basis and your valid, informed consent. Mass-messaging your contacts and public shaming are grounds for complaint (and often privacy violations).
Q4: Can collectors threaten jail or post my photo online? No. Threats, extortion, and public shaming are punishable. Keep evidence and file with SEC/NPC and law enforcement.
Q5: Do I need a lawyer? Not always. Small Claims actions don’t require one. For complex cases (damages, criminal complaints), a lawyer is very helpful.
10) Practical tips to strengthen your case
- File promptly. Regulators and courts consider timeliness and continuity of abuse.
- Be precise. Use dates, times, phone numbers, and exact words used by collectors.
- Keep calm & professional. Avoid insulting replies; your messages may appear in a case file.
- Protect your devices. Remove abusive apps, clear cached data, and rotate passwords.
- Coordinate avenues. It’s common to file SEC/BSP/CDA plus an NPC complaint simultaneously when privacy was abused, and a police/NBI blotter when threats occurred.
11) Checklist (printable)
- Identify the regulator (SEC/BSP/CDA)
- Draft complaint to lender and send
- Compile evidence (contract, payments, screenshots, call logs)
- Prepare affidavit & annexes
- File with regulator(s) and get reference numbers
- Consider civil (Small Claims/regular) and criminal filings
- Keep a diary of new incidents and submit supplements
12) Disclaimer
This article provides general information on Philippine procedures and does not replace legal advice for your specific situation. Laws, thresholds, and regulatory rules evolve; if your matter is high-stakes or ongoing, consider consulting a lawyer or a local legal aid office.