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Congrats to Aurora for High Court appeals win

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asked on Feb 16, 2015 at 14:27
by   notalawyer
This thread continues from
http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-2933.htm

Hi Aurora,
Now comes hard part, to win again at the full trial.
Please prepare your defense and post it here for checking.
You don't have much time left, and pls don't do things last minute again.
Also post the Draft Perintah for your High Court win here, you need it to pressure the bank to give up.
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answered on Feb 28, 2015 at 03:01
by   silent reader
Gratz aurora, sudah baca 1 minggu from this site. bought william chan book. Ahh... yes i'm bkrcy alredy. I will not be in the situation if i found this site 1 year ago..
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answered on Feb 28, 2015 at 04:46
by   jeff005
@silent reader

Sori to hear that. Have u reported in to JIM.? If u hv not, plan carefully before you decide to do so. If have, do read thru the current opinions posted here and make sure you have filed your SOA properly. Failure to do so will have "loose ends" and may delay any application for discharge after 5 years case management with JIM....
You can make amendments to your SOA anytime(if you can get appointment with the OA) even by emails for certain documents.. After all they just want some of your monies. Bankrupts are their customers. They should upgrade their service level.. which i find from what have been post recently ... shortfall of disgusting... How do rebuilt a bankrupt life in the shortest possible time??
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answered on Feb 28, 2015 at 14:32
by   silent reader
Sori to hear that. Have u reported in to JIM.?
Done it, but not accurate, i just learned that gettin a copy of ccris and ctos report will help.
Note: When to BNM yesterday to get CCRIS, spoken to customer servises, she said if the bank sold the credit to debt collector it will not appear in ccris, but in ctos maybe.
Failure to do so will have "loose ends" and may delay any application for discharge after 5 years case management with JIM....
Going to ammend SOA as per advise
I was make bankrupt by bank A, got discharge in 2 months period, however 2 months later bank B bankrupt me without my knowledges. I need advise from sifu here to come out from the hole
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answered on Mar 3, 2015 at 02:04
by   notalawyer
hi aurora,

Have you filed your defence and sent a copy to the bank lawyers?
Have you sent a copy of the draft Perintah to the bank lawyers?  Did they reply?

You can collect back your RM 100 deposit from the High Court counter since you did not lose the appeal.
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answered on Mar 3, 2015 at 16:10
by   Aurora
Dear Notalawyer

I filed my defence last Wed. A copy was sent to the lawyer only yesterday because i still couldnt get it extracted from the efiling ("status: not ready" this morning - i wonder why)

Oh dear Notalawyer

Am i supposed to send a copy of the draft perintah to the lawyer? I did not when i filed it for vetting last week. the SAR has commented and i too have filed the final version but it too is still not ready as of this morning.

I was on leave from work last friday and came back to work yesterday with a letter from the lawyer asking me to execute their draft perintah which i had to do it within 48 hours failing which they will prceed to file the said perintah without further reference to me. the 48 hr timeline lapsed by the time i read their letter yesterday morning. it irks me because they always sent their docu on friday afternoon.

So, is my perintah still valid despite me not asking the lawyer to execute. FYI, their draft perintah stated the options given to the plaintiff which we have omitted from our perintah.

In addition to that letter, i too received a comp generated notice from the bank expressing their regret that i have not responded with payment to settle the amount overdue and now they are appointing a new debt collector. would this notice be of any help to my defence Notalawyer?
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answered on Mar 3, 2015 at 17:45
by   notalawyer
Am i supposed to send a copy of the draft perintah to the lawyer?
Yes, I did tell you to do this and give them 48 hours to respond if any changes.
This is required under Court Rules 2012.  Send it quickly with a cover letter.

I did not when i filed it for vetting last week. the SAR has commented and i too have filed the final version but it too is still not ready as of this morning.
No choice now, hopefully they don't apply for changes later.  Post the final Perintah here.

I was on leave from work last friday and came back to work yesterday with a letter from the lawyer asking me to execute their draft perintah which i had to do it within 48 hours failing which they will prceed to file the said perintah without further reference to me. the 48 hr timeline lapsed by the time i read their letter yesterday morning. it irks me because they always sent their docu on friday afternoon.
Just send them an email saying that you received their letter but the winner usually prepares the Court Order, so lay off.

So, is my perintah still valid despite me not asking the lawyer to execute.
Should be Ok unless they want to make another application to Court to make changes to it ( for trivial reasons )

FYI, their draft perintah stated the options given to the plaintiff which we have omitted from our perintah.
We felt that these options are always allowed by default, so there is no need to include them.
If it was important, the Court would have added them in the corrected draft.

In addition to that letter, i too received a comp generated notice from the bank expressing their regret that i have not responded with payment to settle the amount overdue and now they are appointing a new debt collector. would this notice be of any help to my defence Notalawyer?
Just keep first.
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answered on Mar 3, 2015 at 19:04
by   Aurora
Dear Notalawyer

Heres the final perintah: -

DIHADAPAN HAKIM
HARMINDAR SINGH DHALIWAL
PADA 13 FEBRUARI 2015                                     DALAM KAMAR

PERINTAH

ATAS RAYUAN Perayu yang dinamakan di atas,

DAN SETELAH MEMBACA Notis Rayuan bertarikh 11 November 2014 dan kesemuanya difailkan di sini,

DAN SETELAH MENDENGAR keputusan pada hari ini dalam kehadiran ---------------, Perayu, dan Peguamcara Responden, -----------------------,

MAKA ADALAH PADA HARI IN DIPERINTAHKAN bahawa: -

1. Rayuan ini DIBENARKAN

2. Keputusan Mahkamah Majistret pada 11 November 2014 dan kos diterbalikkan

3. Perayu dikehendaki memfailkan pembelaan dalam masa 14 hari
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answered on Mar 4, 2015 at 01:43
by   notalawyer
What about the earlier Perintah where the Magistrate awarded RM800, did you get a sealed copy of this Court Order?
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answered on Mar 4, 2015 at 15:05
by   Aurora
Good morning Notalawyer

yes, i have sealed copy of both perintah - magistrate and high court. How do i claim my RM800 Notalawyer?
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answered on Mar 4, 2015 at 15:55
by   notalawyer
Prepare a cover letter to bank lawyer attaching the 2 Court Orders and give them 14 days to pay up or else...
Post your cover letter here for checking.  The wordings are very important.
Copy sample from gladt thread.  He got his payment after threatening the bank twice.
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