Sample Affidavit: My Cleverbuy Affidavit

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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 7^th 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__.