Monday, June 11, 2012

Sample Affidavit: My Cleverbuy Affidavit

Click here for updates about Cleverbuy or CleverTravel.
Click here to see all posts related to Cleverbuy or CleverTravel.

Several commenters have asked about the format of an affidavit or a sample affidavit so I decided to post mine. I haven't submitted this to the NBI or even notarized. I drafted this affidavit then had it looked over by a lawyer friend.

This is just a sample. You can add more info, especially if you've attempted to contact Cleverbuy or the merchant before writing your affidavit.

Some notes:
  • According to my lawyer friend, the rows should be 1.5-spaced (you know, that thing between being single-spaced and doubled-spaced). I'm not sure how strict the NBI or our local courts are about the format of the affidavit since I saw other notarized affidavits last Friday which looked simpler (no numbers, not much legalese terms, etc).
  • You have to present a valid ID when having the affidavit notarized. A community tax certificate (cedula) is not enough anymore.

*****


Republic of the Philippines}  s.s
City of Manila

AFFIDAVIT
I,  (my name), Filipino citizen, of legal age, single, and a resident of (complete address), after having been duly sworn in accordance with law, hereby depose and say:

1. I have a cleverbuy.com.ph (Cleverbuy for brevity) account with the username (username).

2.    That on January 9, 2012, I purchased a deal from Cleverbuy. The promo’s name is “50% OFF! Pay only P19,990 instead of P39,980/4 pax for an Amazing 3D/2N at Tagbilaran, Bohol Tour with Accommodation Plus Roundtrip Airfare, Transfers, Daily Breakfast!”  The name of the participating travel agency is J2 Discount Travel and Tours with office at 7th Flr. Marvin Plaza Bldg., 2153 Chino Roces Avenue Brgy. Pio del Pilar, Makati City. Conditions of the purchased deal state that the booking period would start on January 25, 2012 while the travel period would be on Feb. 10, 2012 – Feb. 10, 2013. Reservation could only be done in person by presenting the voucher at J2 Discount Travel and Tours Office located in 7th Floor Marvin Plaza Bldg., 2153 Chino Roces Avenue, Brgy. Pio Del Pilar, Makati City.

3.   I paid the purchased deal via my Paypal account. The payment for Php19,990.00 was confirmed via email sent dated January 8, 2012 at 7:20PM, with Transaction ID: (transaction ID).  Please take note that due to time zone difference, the payment confirmation email  from Paypal (service@intl.paypal.com) appears to have been sent on January 8, 2012 at 7:20PM instead of January 9, 2012. According to the confirmation, the payment was sent to merchant name Webix Business Solution Incorporated (sales@cleverbuy4you.com)  and shall have a description of Paypal charge as WEBIXBUSINE. Of the P19,990 payment, P12,874.48 was taken from my Paypal fund balance,  while P7,115.52 was charged to my BPI MasterCard Credit Card with card number (credit card number) registered under my name (my name). Copy of the payment confirmation email is hereby attached as Annex A.

4.    Since I paid electronically via Paypal, the payment was immediately verified and it was confirmed as transaction complete (purchased and fully paid) by Cleverbuy  last January 9, 2012 at 11:21 AM and it was tagged as Deal Number (deal number) with SKU code CT-J2-AO-00126-07A-0112. Copy of the confirmation email is hereby attached as Annex B.

5.    Cleverbuy upon confirmation of my payment, instantly sent via email copy of the paid voucher  with value P39,980  and with security codes as follows:  Voucher Code: (voucher code) and an ID-code of (ID code) for 1 deal of 50% OFF! Pay only P19,990 instead of P39,980/4 pax for an Amazing 3D/2N at Tagbilaran, Bohol Tour with Accommodation Plus Roundtrip Airfare, Transfers, Daily Breakfast!”. Copy of the Paid Voucher is hereby attached as Annex C.  The Fine Prints appearing on the face of  the said voucher are hereby specifically marked and made part of this affidavit as Annex D for reference.

6.    However, on May 28, 2012, I learned from other buyers who posted online that the office of J2 Discount Travel and Tours was already closed and that Cleverbuy would be the one to refund unredeemed vouchers.

7.    On May 31, 2012, I learned from other buyers who posted online that the office of Cleverbuy was already closed too.

8.    To my dismay I did not receive any notice from either J2 Discount Travel and Tours or Cleverbuy  about the cancellation of the deal or any advice as to  how I can get the refund of my payment.

9.  Based on the information gathered, some of the Cleverbuy clients who filed complaints were able to get post-dated checks as refund for the amount they paid for deals purchased. But on June 5, 2012, I learned from them that Cleverbuy has closed the bank account used in drawing the checks given to them.

10.  Due to the series of events that happened to Cleverbuy, I decided to seek  appropriate action in order to get my refund amounting to P19,990.00.

11.     I declare to the best of my knowledge and belief that the information herein is true, correct and complete.


            IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of June 2012 in Manila, Philippines.


........................................................................      
 (Signature of Affiant over Printed Name)       



            SUBSCRIBED AND SWORN before me this ........ day of June 20__, by (my name) who exhibited to me her SSS ID No. (SSS ID number).



Notary Public                     

Doc.  No. .........:
Page No. .........;
Book No. .........;
Series of   20__. 



14 comments:

  1. hi unsugarcoated, thanks so much sa affidavit format..

    gagawa na rin kami ng amin.

    pero question lang.. nkalimutan ko na kasi kung ano username ginamit ko... ano nga format ng username sa cleverbuy? email add ba or username lang talga?

    sorry ha kng mukhang kaengotan lang ang question. thanks so much.

    ReplyDelete
  2. Ayan malamng e-ad din ung akin. hehe.. thanks so much. ur blog has been very useful. sna manalo tayo.. monetary or not.. pero still crossing fingers sa monetar.. aba.. pinaghrpan ntn to. Haym. tnx ulet

    ReplyDelete
  3. Ayan malamng e-ad din ung akin. hehe.. thanks so much. ur blog has been very useful. sna manalo tayo.. monetary or not.. pero still crossing fingers sa monetar.. aba.. pinaghrpan ntn to. Haym. tnx ulet

    ReplyDelete
  4. San ko isusubmit yang affidavit? Mukhang wala naman asset yung cleverbuy.... Sabi nung matandang lalaki magpapakulong nlang sya... Bukas pa ba yung office nila sa Marvin Plaza? Kc nung may 18 2012 pumunta kami dun sabi yung refund sa june 15 2012 ko makukuha

    ReplyDelete
    Replies
    1. Closed na yung office. You can submit the affidavit at NBI.

      Delete
  5. Hello unsugarcoatedreviews,

    Very useful site updates you have regarding this case. Please continue updating about it. A lot are still searching for answers.

    Also good if you can blog about this fan page about cleverbuy's scam and Mr. Christian Bayer himself commented on the some entries denying he is the manager and that cleverbuy is not a scam. He sounds like a total douche who doesnt give a damn and is pissing himself laughing how stupid and little we are. It's really irritating reading about him and his tone with smiley faces.
    https://www.facebook.com/pages/Maraming-naloko-ang-Cleverbuy/249901875029412?ref=ts


    In this fanpage, https://www.facebook.com/pages/Cleverbuy-J2-Travel-SCAM/421671901187512 he also threatened Ms. Marissa (cleverbuy sales manger)and the writer of the blog entry "the truth behind cleverbuy scam".

    This is Mr. Bayer's facebook account https://www.facebook.com/bayer.ch

    I don't know what others think but he really seems like a heartless man that likes fooling and taking advantage of other people.

    Hope you can help get his words to the authorities. Thank you.

    ReplyDelete
  6. This sample affidavit format might be useful to who are looking for affidavit's. Every affidavit should be drafted by lawyer.

    ReplyDelete
    Replies
    1. "Every affidavit should be drafted by lawyer."
      Not really. - law student

      Delete
  7. just wanna share... nagpurchase kami ng puerto prinsesa deal with cleverbuy & J2 travel agency Late Last year.. if i remember correctLy, mga nov or dec.. i went to J2's office Last january kz in person ang booking niLa.. they we're stiLL in marvin pLaza nun.. gagamitin kz ng friend ko yung trip for their honeymoon nung march.. so after submitting the voucher and giving them the trip detaiLs, i was informed na they wiLL contact me nLang kng keLan pwde ipick up yung FLT and trip tickets.. after about 2 weeks, waLa pa din akong nareceive na text or caLL or emaiL from them.. i tried caLLing aLL their numbers but to no avaiL.. i was getting worried na that time.. i contacted cLeverbuy and via chat, they gave me a few new numbers where i can reach daw J2.. i tried aLL the new numbers pero cannot be reached Lhat.. thank God yung groom ng bestfriend ko nahanap yung new office ng J2 and they were abLe to go on their trip kaso ndi nga Lang yung preferred FLT and date.. muntik na din kami mabiktima ng J2 na yan.. now i have a probLem of my own kz i stiLL have a pending voucher for a trip to Laoag nmn.. and i emaiLed yung mira de poLaris hoteL in Laoag pero ndi cLa nagrerepLy

    ~ skye

    ReplyDelete
  8. Nako wag na kayo umasa hindi na naten marerefund yung pera... Kalimutan nalang naten yun... Karmahin sana ng malala yang Bayer na yan!!! Kapal ng mukha nya!!! Sarado na opisina nila sa makati! Walang kwenta yung pirmahan at kasunduan namen na ibabalik nila yung pera ko tru Cheque!

    ReplyDelete
  9. unsugarcoated, any update?

    ReplyDelete
  10. unsugar coated meron na kayo balita. tumahimik na ang mga tao

    ReplyDelete
  11. Ngayon ko lang nalaman.. Nag-avail ako ng worth 10K na vaoucher. Anong unang hakbang para marefund ko yung binayad ko? unsugarcoated salamat sa updates..

    ReplyDelete

Repost.Us

Related Posts Plugin for WordPress, Blogger...