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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 7, 2015 at 02:44
by   jeff005
I apologize.. I do not collude with the below statements..

have debts which remain unpaid which you are unable to repay
This is a cash flow situation, not necessary insolvent. Debts also have to be proven in a court of law and not by mere speculation.

you have in fact committed an act of insolvency
New forumers.. Pls read on what are assets and liabilities.. Tangible and Intangible Assets, What is GROSS ASSETS AND LIABILITIES, what is NETT ASSETS AND LIABILITIES.. All have different modes of computations and varies from person to person. Check with your accountants(real good ones) for detailed explanations.

In "ayzek" case here, there have no indication of commiting an act on insolvency, whether verbal or on paper. Please do not be mislead by inaccurate misconceptions. It may scare innocent people for no good reasons.

Thank you very much for reading. This is for info NOT disparagement  ................................
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answered on Apr 7, 2015 at 03:14
by   ayzek
@jeff05

Q's..
1. 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.

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


1. yes, ori card issuer.
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answered on Apr 7, 2015 at 03:18
by   ayzek
@jeff05

Q's..
1. 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.

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


1. yes, ori card issuer.

2. the o/standing amount did not appear in ccris thoug it is under akaun permerhatian kkhas. sorry jeff will try again to get some info on this.
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answered on Apr 7, 2015 at 03:34
by   ayzek
Dear @notalawyer,

Took the card appli forms. flip it over only found declaration. T&C not stated..

PERAKUAN/DECLARATION
Saya/Kami mengesahkan:

** Bahawa maklumat yang diberikan di atas adalah benar dan lengkap. Saya/Kami dengan ini memberikan kuasa kepada Bank
untuk mengesahkan kenyataan ini daripada Lembaga Hasil Dalam Negeri dan/atau mana-mana sumber yang pihak Bank
fikirkan sesuai.
** Bahawa pinjaman saya/kami daripada sumber-sumber di Malaysia tidak melebihi RMXXX,XXX (untuk bukan-rakyat
Malaysia sahaja).
** Bahawa urus niaga menggunakan akaun Kad Kredit dan wang atau dana yang digunakan untuk pembayaran balik akaun
Kad Kredit adalah tidak diperolehi daripada mana-mana sumber yang menyalahi undang-undang atau berkaitan dengan
aktiviti-aktiviti yang menyalahi undang-undang seperti yang telah dikenal pasti di bawah Pencegahan Pengubahan Wang Haram
dan Pencegahan Pembiayaan Keganasan 2001.

Saya/Kami mengakui bahawa adalah menjadi syarat Bank Negara Malaysia (BNM) bahawa semua maklumat yang berkaitan
dengan permohonan ini, sama ada berjaya atau tidak, mesti dikemaskinikan dan / atau dihantar ke Sistem Maklumat Kad Kredit
(CCRIS), iaitu pangkalan data yang dikendalikan oleh BNM.
Saya/Kami juga mengakui bahawa penggunaan kad adalah tertakluk kepada b]Terma dan Syarat yang berkaitan dengan
penggunaan Kad MasterCard/VISA XXXXBANK. Saya/Kami memahami bahawa XXXX Bank Berhad berhak untuk menolak
permohonan tanpa memberikan sebarang alasan.
Saya/Kami bersetuju bahawa sebaik sahaja saya/kami menandatangani/menggunakan Kad MasterCard/VISA, saya/kami
adalah terikat kepada Terma dan Syarat yang termaktub di dalam Perjanjian Pemegang Kad XXXXBANK di mana satu salinan
akan diberikan atau dihantar kepada saya/kami dengan Kad MasterCard/VISA saya/kami apabila permohonan ini diluluskan.
Saya/Kami seterusnya bersetuju bahawa Ahli Kad Utama hendaklah bertangungjawab terhadap semua liabiliti dan obligasi
Ahli Kad Utama serta Ahli (ahli-ahli) Kad Tambahan. Walaubagaimanapun, Ahli Kad Tambahan akan hanya bertanggungjawab
terhadap liabiliti dan obligasinya sendiri
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answered on Apr 8, 2015 at 21:55
by   ayzek
Status Updating.

TODAY 8 April 2015.

I Attended court at the kompleks makhamah in jalan duta.
Reach court (aras 3) at 12 noon although appointment 2pm.
At 2pm at the counter i fill in the red colored form (for non-lawyer)
The registration clerk than match me with the lawyer (young maybe around 30yrs or less) from the law firm that is suing me.

*Lawyer ask me : You ada buat apa apa perbincangan atau proposal dengan bank tak?
I said : Takda
*Lawyer ask me: You mahu junpa Puan ka?
I said: Ya lah mahu junpa Puan.

INSIDE ROOM WITH PUAN

I didnt quite catch the initial phrase the lawyer speaks to Puan but he  made some jotting down on his note pad.

And i said .. '' Puan ini apa ini.. ini hearing ka? Saya mana tahu undang undang. Saya tak agree dengan itu amount yang sudah banyak lama dan saya tak mahu mengaku salah.

The Puan ( after looking some details fron the summons says: ini case management, kamu cari lawyer. Saya tangguhkan 3 minggu.

And i replied: 3 minggu mana cukup Puan di mana mahu cari lawyer?. Minta 3 bulan Puan.

Puan said: Saya tak boleh buat apa saya hanya boleh beri kamu 3 minggu sehingga 30 ARIL 2015.

Then Puan ask me to file NotiS Kehadiran. And I said i already did and show the receipt. The lawyer look surprised that i did and check my receipt and the copy.

lawyer ask me: Mana kamu tahu..
I said: itu surat ada cakap, dalam surat ada beritahu daftar notis kehadiran.
( i suspect he has intention to submit JID)

End.

OUTSIDE ROOM.

Lawyer ask for my phone number which i gave to him. He then ask me to find lawyer to fight my case. Ini kes lu boleh bankrap tau.
He then dismissed himself as he has to atted other case.
i drove home.

CONCLUSION:

What will transpire on the 30 April 2015.?
What do i do or what do i need to prepare for the 30 April 2015.

Fellow forumers i really need some help and guidance.
Thanking in advance to all of you.

Regards
ayzek

P/s Without reading this forum  i would have acted differently ie no need to see Puan and dont know wether to ask for postphone.
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answered on Apr 8, 2015 at 22:38
by   jeff005
And i replied: 3 minggu mana cukup Puan di mana mahu cari lawyer?. Minta 3 bulan Puan
3 bulan..!! Lu mcm anakconda.. nak swallow lowyer itu..

( i suspect he has intention to submit JID)
He would have filed for JID if you did not turn up. Even if u did turn up, he would still try to file for JID if u did not file Notis Kehadiran, saying that you have failed to adhere to court R&R.. This is how WE all have been bullied by bank lowyers.
His "surprise" indicates that he could have "won" many cases because of notis kehadiran. Give him a bigger surprise by "self representing".. The Judge??  Older than us??

Then Puan ask me to file NotiS Kehadiran
I think Puan means file notis kehadiran for 30/4...

What will transpire on the 30 April 2015.?
Case thrown out if you invoke the limitation act. If you do not know how to, then go home execute pindah procedure. When that bank lowyer hints to you that you can be bankrupted.. it can also means that they have "targeted" you because of your house. The bank CSI team have done their homework...

What do i do or what do i need to prepare for the 30 April 2015
1/ File Notis kehadiran,
2/ File S.O.D. Read "Aurora" latest SOD, try to do one yourself and post here for any corrections. SHE will definitely help.. she is very nice gurl lo..

You are staying in Klang? Any Makhamah in Klang? The next nearest is at Shah Alam. You can do filing there(I think). There is a BBG located there and can help you to do filing (E-filing). No need to come to Jln Duta.

Good Luck O'Man....
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answered on Apr 8, 2015 at 23:28
by   Aurora
edited Dec 23, 2016 at 06:03
 
Great start Ayzek! That Notis Kehadiran is really a killer to both the plaintiff and the defendant.

Please have a look at my statement of defence here:

https://www.lawyerment.com/answers/questions/10155/congrats-to-aurora-for-high-court-appeals-win

I think it can be of some help.

Cheers!
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answered on Apr 9, 2015 at 00:46
by   notalawyer
Prepare your

a. Pernyataan Pembelaan ( Statement of Defence )
b. Notis Bertindak Sendiri ( Notice of Self Representation )

and post them here for checking.
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answered on Apr 9, 2015 at 02:31
by   jeff005
You can also add in two points in S.O.D. ..

1/ Your card has expired in 2003 as per exhibit.. (photstat yr old card)
2/ You have been living at the current house since 1990 and have not received any renewal cards.

Get a credit card current statement from friends of the same bank. The T&C maybe indicated there at back page...
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answered on Apr 9, 2015 at 04:27
by   ayzek
edited Dec 23, 2016 at 06:07
 
@jeff--The Judge?? Older than us??
She was very much younger than us. Maybe she is sebaya my eldest daughter.

Where to get the latest edition of the book. The last I found in MPH 1 Utama only 2 copies left and I bought one.

You are staying in Klang? Any Makhamah in Klang? The next nearest is at Shah Alam. You can do filing there(I think). There is a BBG located there and can help you to do filing (E-filing). No need to come to Jln Duta.
I think there is a Makhamah in Klang. But now I don't know to e filing. My imagination is only filing hard copy to the counter and maybe they will scan and i pay n get receipt. Is that not so?

Good Luck O'Man....
Thank you jeff, you have been most kind to me.
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