Tuesday, October 1, 2019

Email from PLDT and Complainant's Reply for ADMIN CASE NO. 2019-066 after NTC 3rd Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. - September 12, 2019

For the sake of continuous transparency I am posting the last email I received from PLDT-SMART Legal Department:


----- Forwarded Message -----
From: Elman;     elman@yahoo.com>
To: consumer@ntc.gov.ph ; jhingcarpiobasilio@yahoo.com ; ntclegalbranchfront@gmail.com ; jrlopez@pldt.com.ph
Cc: cwpd feedback ; "commissioner@ntc.gov.ph" ; ntcncr ; "depcom1@ntc.gov.ph" ; "depcom2@ntc.gov.ph" ; "dti@gov.ph" ; "secretary@dti.gov.ph" ; "consumercare@dti.gov.ph" ; privacy ; "mvpangilinan@smart.com.ph" ; gregorio honasan ; aa01 ; asalilin lbntc ; "pcc@malacanang.gov.ph" ; CustomerCare ; "customercare@pldt.com" ; PLDT
Sent: Tuesday, October 1, 2019, 08:13:40 PM GMT+8
Subject: Re: Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Dear Atty. Jay Lopez,

Good Day!

I only read your below email a few minutes ago. Thank you for  keeping your words on the Collections issues. But I had informed you that you had disconnected my email [internet] last December 10, 2018, despite my ongoing complaint at your PLDT Imus Branch last November 9, 2018. I am referring as “You” because I was being brushed off my PLDT employees, referring to your Legal Department who advised that I proceed to NTC, and there you will answer me face to face. So, I have no email access, why didn't you just called me at 0918 xxxxx88? On the other hand, the next day after the hearing, I learned you continued to file your Motion to Dismiss that reached my address last week or so. I haven't read any solid defenses from you as you had been vocal from the hearing that you do not want me to continue talking about the merits of the case. Your read my complaint letter before I had it notarized after the hearing. I was clear on my demands from the start.
I was hoping as you promised upon receipt of my Complaint Affidavit, e.g., “formally” via Post Office, you will have your colleagues verify my complaint, narration, and demands there.

Please be informed I sent my notarized complaint to your office and to SMART, the same day of our third hearing to the addresses where the first and second summons by NTC Legal Branch were sent. I almost lost my wits and fainted just to have my complaint affidavit notarized to Justice Hall, Quezon City Municipal, sent the letter to the respondents via Post Office, show the receipts to the Secretariat and file the complaint letter and copies to them accordingly. I thought I won't accomplish this feat because I was given only 5 days to submit it despite I live in ____ Cavite, whilst the complaint letter was more than 20 pages and I had no budget for the cost expenses, but I did it. I submitted all copies to the NTC Secretariat the same day under the rain. Please confirm receipt or ask for a copy at the Secretariat.

Please send your proposal here in answer to my demands on the said notarized Complaint, then call me to confirm receipt. I expect as well that you had relayed my demands to your Data Privacy Officer as summarized in my recent email on below trail. I may have included my sentiments but they are supported by facts, please react to the service report numbers and recorded conversations your IVRS kept on repeating to take for quality assurance purposes.


Dear Ms. Jhing,

Please provide Atty. Lopez a copy of my complaint affidavit sent to you by the Secretariat/ Please call me if you have question and or once you’re done.
Thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

Yours truly 

Mr. Elman    
Mob.: 0918xxx88
Ultera 998xxxx888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----
From: LOPEZ, (Jay)  ;      @pldt.com.ph>
To: Elman  ;      elman@yahoo.com>
Sent: Thursday, September 12, 2019, 10:13:13 AM GMT+8
Subject: ADMIN CASE NO. 2019-066 - Elma

PRIVATE AND CONFIDENTIAL


Dear Mr.     ,

Anent our last NTC hearing last August 28, 2019 wherein we discussed privately after the hearing was adjourned and you requested for PLDT to temporarily suspend its collection efforts on your account, please be informed that as per your request, and as gesture of good faith, we have recalled your file from our collection agency.

In this regard, you also discussed and opened up regarding the hardship and costs of litigation and you further intimated that you were open to the possibility of an amicable settlement.

While we have not formally received your Complaint-affidavit, PLDT is willing to reciprocate and we are open to finding a solution for both parties.

In this regard, temporarily setting aside legal arguments and PLDT’s (solid) defenses, may I have a realistic settlement proposal where both parties would not have to endure the long, tedious and costly legal process? 

Please let me know by September 18, 2019, so that if need be, I will have time to elevate, discuss and secure approvals from the relevant group heads within the Organization.


Thanks and best regards,

Atty. Jay





.
.
.

From FTEB - Mediation  DTI

----- Forwarded Message -----
From: FTEB - Mediation
To: ntcncr@ntc.gov.ph ; customercare@pldt.com.ph ; consumer@ntc.gov.ph ;      elman@yahoo.com
Sent: Monday, September 2, 2019, 04:34:31 PM GMT+8
Subject: DTI Endorsement Letter - Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up


Dear Atty. Molina : 

This has reference to the attached complaint of Mr. Elman        regarding his concern against PLDT.
We hope you can give this matter your most preferential attention. Kindly inform Mr.  ___ [Elman]  of any action taken by your office and have this bureau copy furnished.

Kindly acknowledge receipt.

Dear Mr.   , 

Please be advised that we already endorsed your complaint or query to the National Telecommunications Commission (NTC). In this regard, kindly directly communicate with the above-mentioned office.

Thank you very much.
Mediation Division
Fair Trade Enforcement Bureau
3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. 975-7965
Cell. No. 0917-6592658

From: Elman  <      elman@yahoo.com>
Sent: Thursday, August 22, 2019 11:32 PM
To: consumer@ntc.gov.ph ; jhingcarpiobasilio@yahoo.com ; ntclegalbranchfront@gmail.com ; jrlopez@pldt.com.ph
Cc: cwpd feedback ; commissioner@ntc.gov.ph ; ntcncr ; depcom1@ntc.gov.ph ; depcom2@ntc.gov.ph ; dti@gov.ph ; Secretary ; Consumer Care ; privacy ; mvpangilinan@smart.com.ph ; gregorio honasan ; aa01 ; asalilin lbntc ; pcc@malacanang.gov.ph ; CustomerCare ; customercare@pldt.com ; PLDT
Subject: Re: Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up
August 22, 2019


TO:    PRESIDENT RODRIGO R. DUTERTE
Republic of the Philippines
Office of the President
Presidential Complaint Center
Malacañang Complex
J.P. Laurel Street
San Miguel, Manila 1005
Contact No. : 736-8645, 736-8603, 736-8606, 736-8629, 736-8621, Telefax 7368621
E-mail Address : pcc@malacanang.gov.ph
ATTN:   Gregorio Honasan II
Secretary of Department of Communications Technology
Ramon M. Lopez
              Secretary of the Department of Trade and Industry
Raymund Enriquez Liboro
              Privacy Commissioner and Chairman
Gamaliel Cordoba
               NTC Commissioner

SUBJ:     3rd Request for Assistance and Complaint

Dear President Duterte

Good Day!

I would like to seek your help again, for the below emails I received. Firstly, Despite of PCC's monitoring my complaints lodged to NTC CWP currently being heard by the Legal Department, the latter has no tooth to  the complaints lodged by me, because PLDT - Smart kept on sending me dunning collections SMS text messages, and recently via email and text by Mr. Rommel  T. Garcia and Kim Garcia of legal2@admerexsolutions.com/ rgarcia@admerexsolutions.com Tel 2499311 / 09438101561 and ADMEREX text sender under Smart Buddy Prepaid. Last 

Please refer to the email trail below of my “full blown” CWPD Case vs PLDT – Smart has been elevated by Atty. Molina to the Legal Branch of NTC for Administrative Case both last June 4, 2019, and I was told to await summon. Mr. Gusto reiterated that all my documents have been sent to the Legal Branch of NTC since June 10, 2019. I have not received any advice of confirmation nor summon from that Legal Branch of NTC yet. The second summon and the hearing were far worse.

Secondly, However, while CWPD confirms my case thrice, that it has been submitted to the Legal Branch of NTC, PLDT – Smart alternatively and continuously harass me with text, with the dunning advice of a possible visit; and two (2) email letters dated July 8, 2019, 1:02 PM, and July 10, 2019, 3:39 PM; and without any official letter sent to my billing address yet. It is as though PLDT – Smart Special Accounts Management and their respective departments had purposely endorsed my account to their consecutive collections agencies with no regard of the full blown mediation by Atty. Molina, administrative case being filed/filed, and my follow up complaints afterwards due to their continuous dunning collection text. They even changed their collection agency from Arquillo Law Office to Admerex Solutions.

Thirdly, this is to forward to you my formal e-mail complaint and I trust that the second hearing with Atty. Pajel-Cruz, Atty. Lopez (PLDT-SMART Counsel) had been furnished, as her honor already advised the stenographer, secretary of Atty. Millena, that he be furnished with the same complaint letters/files found on my Admin Case 2019-066 file folder. I had reiterated to Atty. Lopez assistance to cease and desist in sending me dunning SMS text messages, emails, missed calls your collection agents made without the intention of talking to me by having my cellphone ring just once then hang up. But this morning I still got a dunning collection email from the same agent of PLDT-SMART.

This is to note as well the second hearing that should have started at 10:00 AM, we were advised late that Atty. Millena went to Singapore and cannot hear our admin case. Neither was Atty. M

Beforehand, the first hearing was terribly done as I have not been sent a Summon. Whereas, Atty. Lopez prayed for a copy of my complaint when he attended it slated last July 15, 2019. However, the reason for no-show wasn’t mentioned in the minutes of the meeting. On my disadvantage, the second Summon has provided that the respondent submit a complaint letter. Thus, a third hearing was set on August 28, 2019 at 11:00 AM as though we have to start all over again. It proves how the complainant suffers further and reflects the process or protocol in NTC. Are these NTC standards?
Dear Secretary Honasan, Secretary Lopez, et. al

Good Day!

Without stepping up, multiply this to the number of other complainant subscribers, the email we receive with NTC will not be effective and efficient enough to satisfy a follow up neither an inquiry. If NTC put themselves in the shoes of the complainants, look at our billing or house address, if they recognize the distance or location, at least, do us a favor, please include the confirmation of Legal Branch of NTC as your proof that indeed your advice and follow ups reached them. With all due respect,  What did you do with PLDT – Smart continuously collecting when they breached the contract; more so, they knew you were monitoring this case? PLDT – Smart also violated my data privacy rights.

Hoping for your prompt reply. Please call me as well for your advice because I live in ____ City, Cavite.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

Truly yours truly 

Mr. Elman   
Mob.: 0918xxxxx88
Ultera 998xxxx888 (Migrated from Canopy and WiMAX consecutively)



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