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Credit Card Fight with Affin Bank

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asked on Apr 4, 2015 at 05:59
by   ayzek
edited on Dec 23, 2016 at 05:26
 
BACKGROUND:

My age is 57 years old.

Working in a factory in the Product Development Department on yearly contract basis as I missed the official act date for compulsory retirement of age 60 years.

I have 8 children and one passed away in 2007.

Many years ago during difficult time I took 3 credit cards (CIMB Bank, Affin Bank and EON Bank) one after another just to survive and making end meets until I no longer can service.

Got my EPF 2 years ago try to do some business but failed. No attempt to pay debt as it has all accumulated RM12,000 + RM76,000 + RM77,000.

I live in 'rumah teres kos rendah' (RM20,000 price during purchase time in 1990). And own a very old van (1996).

CIMB Bank converted my credit card debt to term loan which I paid installment only half way. The other two banks credit facilities were for RM5,000 and RM8,000 respectively.

I have never pay a single sen then since last default but the harassment from bill collector needless to say.

I can't exactly remember the year I signed for the credit card but the last credit card payment default I am sure has been more 8 years. Have tried looking for documents but to no avail. Only found one letter from bill collector in 2009 requesting for payment.

EVENT:

23/2/2015 I received registered letter of demand from lawyer (Affin bank) at home and at factory office giving 7 days to pay up.

26/3/2015 I received register letter containing writ summon both at office and home.

27/3/2015 I went to court and file 'Memorandum Kehadiran' which I paid RM8 and a computer printed receipt.

4/4/2015 I browse back the summon which I notice a handwritten scribble note of a date 8/4/2015 (2pm).

Thru reading this forum i manage to check court website:
https://efiling.kehakiman.gov.my/eFiling/#

and found this info:
xxxxxx-xxxxx-03/2015 (name of judge) Active 8 Apr 2015 2:00 PM Kompleks Mahkamah, Aras 5, Tengah Not Applicable[PK](1)

Really need advice how to go about. My only concern on bankruptcy is loosing my only shelter i.e. that is my house.

Should I wait for the official later or how should I attend (procedure) and what do I need to bring for defence.
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answered on Apr 5, 2015 at 04:32
by   ayzek
@jeff05 '' JACKPOT.. !!! This is what Mr. vkpc is looking for.!!!

Read all posting of "Aurora" xcept the xmas one.. This may/would be what you would be going thru soooonnn...''

Yes jeff05 iam reading hard Aurora 's case as if it is my life wire now. Thank you very much sir.

@jeff05..'' If you have dependants, like your deceased son's children staying with you, and they are schooling nearby, JIM may give you more time to reallocate, maybe 1 year, 2 year?? ''

Deceased son was a bachelor when he passed away. Three daughters staying with me, one in college, another has just got spm result and applying to college and the youngest is still in  secondary school. Didnt Jim have any prerogative or are they just like mechanical robot that creditors do. Worreid sick of this situation...jeff05. Thanks again.
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answered on Apr 5, 2015 at 06:42
by   jeff005
Dear Ayzek,

There many a time there were hardly any response whenever vkpc ask to post letters of Writ of Summons from the bank lawyers. You have done it and it is so obvious that the bank have just issue a demand letter and sort of close your c.c. ac recently and file a legal case in court. This "admission" clearly allows the debtor to activate the 6 years Limitation Act. Again, depending on Judges, who view the act differently, the fight is on...

I believe, like "Roy Ong", something "may" have trigger the activation of your 12year old case. Think and ponder on it.. Read also "Steven" who is/was trying to save his house from being lelong..

You have to try hard to understand fully, how, why, the methodology of how "Aurora" fought her case. There can be a situation whereby you stand alone in the courtroom facing the Judge alone with the bank lowyer breathing down your neck. Equip with your knowledge of laws and human rights may save you from unfavorable situation.

If JIM can be like robots, then a lot of bankrupts could have discharged earlier. Due to their inability to advise new bankrupts on their rights and the correct methods to file a bankrupt's S.O.A., a number of bankrupts could not be discharged under sec 33A of the bkcy act after 5 years of case management with JIM. To me.. it is due negligience.. Anyway u r another robot... child producing robot.. hehehee...

Do not worry too much, take the bulls by their horns, what will come, will come.. Just equip yourself with more knowledge of laws to fight those pesky bankers.. YOU can pass thru this test..

Rdgs

Jeff
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answered on Apr 5, 2015 at 12:34
by   ayzek
@jeff05 ....''This "admission" clearly allows the debtor to activate the 6 years Limitation Act. Again, depending on Judges, who view the act differently, the fight is on..

I believe, like "Roy Ong", something "may" have Bold Trigger the activation of your 12year old case. Think and ponder on it.. Read also "Steven" who is/was trying to save his house from being lelong..

@Jeff05u Upon reading your reply here and thinking it is confirm ' i may have trigger it. In January , the company i work for, plan to delist from stock market. i being on contract basis, on the mean to show support open a CDS account and bought its share of rm490 ( so that be able vote and  show grititude  in favour of them for renewing my yearly employment contract).  After voting in favor i sold back the 100 unit lot also need the money for other use.

Now i remember the stockbroking company is affiliated to the bank. THAT MAY HAVE TRIGGEREd IT.
Yes Jeff05, vkpc are right. I fumble at old age. How do i go about it now..i was so naive i have triggerd it.
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answered on Apr 5, 2015 at 13:59
by   notalawyer
i being on contract basis, on the mean to show support open a CDS account and bought its share of rm490 ( so that be able vote and show grititude in favour of them for renewing my yearly employment contract). After voting in favor i sold back the 100 unit lot also need the money for other use.

Although this may be the trigger, it is not an admission of the Debt and it also does not reset the 6 year limitation.

Keep the old card and look around for old credit card Statements to keep also.
Also go to the bank and get a copy of a Credit Card application form.
At the back of the form is the Cardmember Agreement.  Post the Agreement agreement here.
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answered on Apr 5, 2015 at 14:26
by   ayzek
jeff... i wish to update another background which may be related to the triggering matter also i'm sorry i did not provide this info earlier as my background.

When my employment contract ended in Feb, they (employer) took sometime to issue a new contract and i have to go on 'retirement'temporarily . I was so worried that they may not renew it. As i still paying installment to the house i mortgage yrs ago (to improved the current 2-room house to make it condusive for 8 children).

My thought then if ever i go jobless at least my spouse has a place to live her old age life and nobody will even know wether there is food on the table or not when in yr own home.

I then check the balance with the bank (no related to ccard)  which i took mortgage from. The balance was 28k and luckily i have about the same amount in epf. So i withdrew the epf and paid full settlement for the house. The bank later issue release letter to it.

Either this or the stock unit i purchase have triggered the aff bank. Now i m not so worry about being jobless and lost source of income BUT for loosing a home at old age.
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answered on Apr 5, 2015 at 14:50
by   ayzek
Dear @notalawyer,
i am really grateful and felt honored for your response to my thread as i read about your guidance for aurora case.

1 Keep the old card and look around for old credit card Statements to keep also.
2, Also go to the bank and get a copy of a Credit Card application form.
3. At the back of the form is the Cardmember Agreement. Post the Agreement agreement here.


1. I will keeep the old card preciously. i will look again for old statement but my confidence is low since many time family did housekeeping.

2. will do this on monday.

3. once got the application form will post it here.

Thank you notalawyer.
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answered on Apr 6, 2015 at 02:46
by   jeff005
Hi ayzek..

I live in rumah teres kos rendah ( 20k price during purchase time in 1990)
the actual physical card mentioning being a member since 2002 and it is good until nov. 2003
Can you remember the mailing address in 2002/2003, is it at the rumah teres, and you are still staying there ever since?

Is it prudent that you go get the following
1/ BNM a CCRIS reading
2/ CTOS report

You have 2 other banks to contend with.. No loopholes for other actions in the future. U cant afford it.

It is the CDS ac that trigger it. It is the marketing people from the bank that found you, not the litigation dept. They could have used an advanced software called "Data Mining" that is linked to a lot of resources centre/networks. And your name has been "red flagged".. That is why the DATA PROTECTION ACT 2013 was set up, to curb the abuses of exchanging of personal data between various instituitions. It can also means that the two other banks knows about your location and is adopting a wait and see attitude.

You know it, now your home is well renovated, but if the bank lelong it, it would be at market value with no renovations included. So stop worrying about losing the house, but concentrate on how to save it LEGALLY..
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answered on Apr 6, 2015 at 05:03
by   ayzek
Hi jeff05,

Thanking in advance for your response..

Can you remember the mailing address in 2002/2003, is it at the rumah teres, and you are still staying there ever since?


Yes jeff i have been staying in the same address ever since.

Is it prudent that you go get the following
1/ BNM a CCRIS reading
2/ CTOS report


1. Got BNM CCRIS report about a month ago. Stated 2 banks. 1. Mortgage loan on the house and 2. Ci bank term loan.
2. Not get yet. But high stake the other 2 bank is listed and it is one of them is suing me now. From forum reading they may not apppear in ccris due to merger etc..

It is the CDS ac that trigger it.
Base on you info, i also think so, jeff05.

You know it, now your home is well renovated, but if the bank lelong it, it would be at market value with no renovations included. So stop worrying about losing the house, but concentrate on how to save it LEGALLY..

Yes jeff05. I cant help worrying about it jeff05, my son pass away in the house, build a good community with the neighbours, the spouse, children and many more concern factor that its kinda like'' no point living without the house.

Now there is many too many dilema and questions already building up in the head, jeff05,..eg wether i will be able to frequently attend/visit courts vs nature of my office job ( i work in klang). I am now reading William Chan's book. Thinking of doing Chapter 8 Negotiating With Banks at the same time. 

Also cant help mentally calculating that if bank willingly to give 80% discount i am also willing to give up all of my monthly salary ( paying the bank that suing me first) and then begging my working children to help me put food on the table. I dread to disclose this to my children. Do you think this is ridiculous idea jeff05?

Thanking in advance to all forumers..
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answered on Apr 6, 2015 at 05:56
by   Jeff
I am now reading William Chan's book. Thinking of doing Chapter 8 Negotiating With Banks at the same time.
Ask William.. Email him or Pelican..
Your case.. the period is not too short or too long..
They know u hv a hse.. Do you think they would give you a 80% discount?
How much is the balance of the term loan as at today (estimate)? T&C? High interests rates upon default?

then begging my working children to help me put food on the table. I dread to disclose this to my children. Do you think this is ridiculous idea jeff05?
Only mechanical robot would think this way. AI robots would tell u to fight as u have a fighting chance.
Get CTOS report first then we talk. I am inclined to believe that Ci have got judgement debt, If not, u may be safe.
Y extend your worries to your children.? I learnt it the hard way. 2 nites ago, my dau just complained AGAIN about how my trying to run away from bkcy affected the whole family a lot. They were very young then.

You are in product devt, use your wisdom and analytical experience to access this situation of yours. There is a great fighting chance. notalawyer has gave pointers.. over here, if there is no chance of fighting, the thread dies off naturally.. AND there would be very few posting replies.. Get CTOS report first, based on it, i/we may be able to offer preventive measures to "retain" custody but not "ownership" of your house. BTW what ownership do you want.. old man..?? p/s.. I am older..!! Get what i mean..??
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answered on Apr 6, 2015 at 06:41
by   Anonymous
jeff05,

Do you think they would give you a 80% discount?

This idea comes from... ''Once i recieved a phone call from a lady offering that much discount''.. even though i suspect it may be the bill collector but i cant help imagining it as possible, afterall ... ''no harm trying'' (or will it be harmful)

Get CTOS report first, based on it, i/we may be able to offer preventive measures to "retain" custody but not "ownership" of your house.
will try to get it asap. if possible tommorow.

BTW what ownership do you want.. old man..?? p/s.. I am older..!! Get what i mean..??
Yes jeff i get what you mean. We both are old and our time is getting nearer and nearer and what is there to hold on for.
Its not for me but for the sake of my spouse and children. Sorry jeff05 i got carried away..
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