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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 6, 2015 at 13:50
by   vkpc
I am now reading William Chan's book. Thinking of doing Chapter 8 Negotiating With Banks at the same time.
Where did you get William Chan's book?

I think for your case, you should not negotiate or contact the bank as it may be deemed to be an admission of the debt by the Court.
You have a good chance of winning this case, with Aurora's help.
You only negotiate when you are sure to lose.

When is your court date?
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answered on Apr 6, 2015 at 14:14
by   Gopal
What you really need to do is to identify each of the assets you own, your car, your house and your other belongings and then go through who owns each of these. If you are a joint owner (as is quite often the case with houses) of the property, the bank (your creditors) can only avail itself of what is owned by you and not by your wife or partner. It appears that by your own admission you have debts which remain unpaid which you are unable to repay. By that you have in fact committed an act of insolvency and the relief from that for you as debtor and your bank (and others) as creditors is bankruptcy.

You may also (if you get a lawyer who has half a brain) enter into a composition with your creditors. It is a means out of bankruptcy but also a practical solution for your creditors and for you without you having to be forced into bankruptcy and they into receiving nothing.

Compositions are good because they allow your creditors to receive something from your debts to them. In a full blown bankruptcy your trustees in bankruptcy will also have their fees and other priorities so that whatever remains of your estate that is liquid is divided into much smaller bits with creditors receiving smaller amounts that what a composition would otherwise enable them to receive.

Get a lawyer who knows and understands insolvency.
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answered on Apr 6, 2015 at 15:45
by   ayzek
@vkpc
1. Where did you get William Chan's book?
I think for your case, you should not negotiate or contact the bank as it may be deemed to be an admission of the debt by the Court.
You have a good chance of winning this case, with Aurora's help.
You only negotiate when you are sure to lose.

2.When is your court date?

1. MPH at 1 utama

2.this Wednesday, vkpc. already applied leave.
grateful for your advice...
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answered on Apr 6, 2015 at 16:01
by   jebat
You may also (if you get a lawyer who has half a brain) enter into a composition with your creditors.

Knape perlu berunding dengan bank jika hutang telah lama lupus?
Lawan sampai habis.
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answered on Apr 6, 2015 at 17:30
by   jeff005
@ ayzek

I have proved my point. With so many ppl just joining into the foray.. indicates yOU Can Fight your case..

FACT 1.
You did owe that and other banks, no doubt about it. You do owe moneys but not that QUANTUM..!!

FACT 2.
You have been living in that house since 1990 and have not shifted, why didnt they commence legal actions the moment you defaulted 12 years ago.? Just to accumulate high interests from 5K till 70K.. ridiculous..!!

FACT 3.
The current action is TIME BARRED under the Limitations ACT and can be contested in a court of law.

COMPOSITIONS

1. Compositions is good for ppl within the age group 25-40 esp for those in permanent gainful employment.

2. Compositions is bad for those age 55 and above, no more EPF and still have to struggle to erk out a living for school going kids. 1 leg 3ft underground oledi and still want to make pact with the devil?? It is a form of slavely and worse still.. it is no time barred... still can be sued for bkcy if one defaults due to age, health and the inability work in between. In the end, the house would still be gone.. Like vkpc says.. just kicking the cans down the road.. The problem/issue is still there and becomes bigger..!!

3.COMPOSITION :- Just a recent story i read. The local residents in the village of MUTIANYU made a composition with the government of the MING dynasty.. 80% of the local male population die in the construction of the Great Wall of MUTIANYU and their bones are buried into the walls. It is also called the "WAILING WALL OF WIDOWS AND CHILDREN". Not all compositions made is beneficial..

@ ayzek..
===========================================================================
1/ Get a postponement this wed..
2/ Same day, go get a CTOS report.. then find me.. I am free on wednesday..!!
===========================================================================

@Aurora..
Darlin,
Hani,
Cutie Pie,
Where are u..?? Very busy?? Your expertise is required if you have settle your own case..
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answered on Apr 6, 2015 at 18:05
by   jeff005
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)
Whether you pay RM10 to the bill collector or direct to the bank, you would have reset the clock for the 6 yrs limitation act.. The clock starts tick tock tick tock from your LAST PAYMENT..!!! If you have done it, you have only kill yourself not me...

Read @ Roy Ong..
The bank offered 12k for a debt of 37,000,000sen black and white offer but with hidden constraints/T&C's. Very dangerous offer..

Its not for me but for the sake of my spouse and children
ALL THE MORE you should fight your case.. U may have got stuck 3ft, mine is 4ft underground, WE must have motivate our fighting spirits. What more worse..?? Not even death..!! But our children lives on..!!
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answered on Apr 6, 2015 at 18:31
by   Aurora
Hi Azyek. Hi everyone.

I can share with you what i have experienced.

1. I read that you have filed your Kehadiran on 27.3.2015. DO fax to the lawyer's firm and keep the transmittal receipt. Keep a copy of the memo kehadiran dan the resit. Bring it to the court on Wed.

2. This wed, go to L3 and check your case no. at the self-service point (Sorry, will your case be heard at Jalan Duta? If not, ask around). Be there on time.

3. Check with the asst registrar sitting outside the court who handle your case no. Sign in your attendance. I was told its not compulsory but lets do it.

4. Wait for your case no to be called. I didnt get my chance to see the magistrate because the lawyer filed the JID at noon prior to the case management at 2.00.

5. Since you dont know who is the lawyer, do approach the registrar whenever you see a black-and-white person see the registrar.  By right, the case will be called when all the parties are present. If the lawyer tried to play hanky panky, they would just submit their JID application for record.

3. As advised by the sifus here, once called by the magistrate, ask for postponement of the case, stating that you need to find a lawyer.

I know how daunting this sounds like but theres no way out but to face it head on. Let us all know of this wed outcome. All the best Azyek
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answered on Apr 7, 2015 at 00:00
by   ayzek
@ jeff05,

Get CTOS report first then we talk.
Thats what i did, today jeff05 surprisingly in the report there is '' no match found '' in all Sections, from section B ~D and D2. Why is this so..?
I also went to take the cc application form as advice by @notalawyer. i must find time to post it here too.

I have proved my point. With so many ppl just joining into the foray.. indicates yOU Can Fight your case..

Yes jeff05 you got a point there.. as it seems it is the only way out, i will fight head on along with the guidance of our fellow forumers...

i will continue replying this threads afterwards..
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answered on Apr 7, 2015 at 01:56
by   ayzek
@Aurora,

Thank you for the guidance, may need it again desperately later. I dont know if i could fight it as good as you did. Congratulation on your case.
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answered on Apr 7, 2015 at 02:12
by   Bladirunner
@ aysek,

Thats what i did, today jeff05 surprisingly in the report there is '' no match found '' in all Sections, from section B ~D and D2. Why is this so..?

@Steven, myself have this problem oso. Nvm, there is an answer. Will email you the reason after your current case. I do not want to put in public as this kind of issue does not affect everyone and there are all kinds of ppl reading this section of the forum. It can teach new bill collectors how to "hunt" us down. For you, not much effect as you have been staying in the same house all these while.

CTOS have not captured your current case as it is not "heard in court" yet and no conclusion for your case. It appears that no other legal proceedings have ever initiated against you. So celebrate..!! Once you throw out this case, you can throw out all the other cases when the time comes.. SO.. TO FIGHT or NOT TO..??

i will fight head on
Pls dont break yr bladi skull... Fight laws with laws.. Equip with more knowledge.. and bang those nasty lowyers bullying us with our peanuts brains "head on"..

Q's..
The current case, is aff and eo the original card issuer? (very impt) Are/were they the finance companies(for old c.c.) or the BANKS cards.

You have not answer my Q on the Ci balance..
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