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Credit Card Fight with Affin Bank

3152 Views  ⚫  Asked 2 Years Ago
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 9, 2015 at 04:30
by   Anonymous
edited Dec 23, 2016 at 06:08
 
@Aurora

Please have a look at my statement of defence here:

Thank you Aurora. I definitely will use it as reference and make some adjustment to suit my case.
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answered on Apr 9, 2015 at 04:34
by   ayzek
edited Dec 23, 2016 at 06:10
 
@notalawyer

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

and post them here for checking.


Yes sir.. this is a clear direction that I need to heed. Will do and post.
Thank you again sir.
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answered on Apr 9, 2015 at 04:43
by   jeff005
edited Dec 23, 2016 at 06:14
 
SPECIAL ANNOUNCEMENT!

I am pleased to present the deification of the following book, found in the Chambers of a courtroom at Room 8, on 8 APRIL 2015.. The book is:

"How to Represent Yourself in Court to Fight Banks"

It now stands taller than any other law books found inside the Judges Chambers.

Any further enquiries, please email Pelican.
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answered on Apr 9, 2015 at 04:44
by   ayzek
edited Dec 23, 2016 at 06:15
 
@ jeff

You can also add in two points in S.O.D. ..
1. Your card has expired in 2003 as per exhibit.. (photostat your old card)
2. You have been living at the current house since 1990 and have not received any renewal cards.

3. Get a credit card current statement from friends of the same bank. The T&C maybe indicated there at back page...


1 & 2. Thanks for this point jeff to be written SOD jeff.
3. This is quite difficult jeff. I have taken the credit card application form last Monday. No T & C but only declaration. (I have it posted already in the thread up above). But I also try to google and found it but not sure it is valid or not.
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answered on Apr 9, 2015 at 05:05
by   Vile Piper
Where to get the latest one. the last i found in MPH 1 utama only 2 copies left and i bought one
Repeat:-
Ask William.. Email him or Pelican..
You may try william.chan@pelican.com.my or direct to Pelican..
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answered on Apr 9, 2015 at 13:43
by   vkpc
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)

Normally Statement of Claims and Statement of Defence do not contain exhibits.
Exhibits can be added later.
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answered on Apr 9, 2015 at 17:06
by   jeff005
@ vkpc
@ notalawyer

Direction needed..
What is the most appropriate time to produce this exhibit? This is the only physical evidence left,in the absence of any bank statements. Is this exhibit material? The card indicates a yearly expiring month/year. How to kill this Writ Summons in the shortest possible time as Ayzek has a constraint taking leave plus travelling so far for this case. Looking at all the facts available, this 30/4 hearing.. Either the Judge accepts or not accept limitation act subject to the T&C of the card issuer.

However, it should be noted that by delaying this proceeding MAY allow him to disposed off his property and vehicles in a legal manner without much loose ends.

Tqvm..
Rdgs
Jeff
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answered on Apr 9, 2015 at 18:22
by   notalawyer
Physical evidences can be later tendered as exhibits before the full trial or attached as exhibits together with an affidavit.

Anyhow, that old card is not a good evidence because it does not prove that it the last card.

On one hand, you say need to speed things up.
On the other hand, you say need to slow things down.
Which is it?

We may need to go on a fishing expedition to get the CardMember Agreement.
Nothing is going to happen on 30th April because it is not a hearing, just another mention.
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answered on Apr 9, 2015 at 20:40
by   Jeff
@ayzek

Better get the boat ready to go fishing.. not at Tanjung Piai.. I dunno how to swim..

Ask around your circle of frenzs who has a Aff bank card and pinjam their one of old statements.. Mine frenzs.. all foreign banks..

You cant do the SOD effectively without the T&C..
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answered on Apr 9, 2015 at 20:58
by   jeff005
To ALL Forumers

HELP required from your goodself.

I need the T & C ( Terms and Conditions ) of the credit cards of AFFINBANK to help with this court case. If you can get the softcopy or PDF the hardcopy to me at ...

email address..  bladirunner@gmail.com

Thank you all in advance..

Rdgs

Jeff
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