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Credit Card Fight with Affin Bank

3149 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 21:37
by   jeff005
@ayzek..

Pelican just replied me.. 2nd Edition not out yet..
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answered on Apr 9, 2015 at 23:40
by   ayzek
Hi forumers.

Thank you for every assistance rendered to me..
Below is url for Axx cc T&C. Is this t&C valid for reference?

http://www.affinbank.com.my/General/Whats-New/PDF/10092014-ABB-Creditcard-TNC-en.aspx

Now am trying to draft SOD
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answered on Apr 9, 2015 at 23:58
by   ayzek
extract from internet..
axxxxb cc T&C caluse 20. TERMINATION.
20. TERMINATION
( try to find BM version but cuoldnt find )

20.1. Not withstanding any provision to the contrary herein set out, the Bank may at its sole and absolute
discretion with adequate prior notice, decide not to renew, cancel, revoke the Card, or suspend or
restrict the use of the Card by the Cardmember and any Supplementary Card under his Card Account
where upon all monies owing to the Bank under his Card Account shall become due and payable
immediately in full upon the happening of the following events or any of them:
a. The Cardmember failing to perform and/or observe any of the Terms and Conditions herein; or
b. The Bank suspending, terminating or withdrawing the Cardmember‟s right to use the Card; or
c. The Cardmember dies or becomes insolvent, committing an act of bankruptcy, or in the case of
the Cardmember being a company, a petition is presented for its winding up or a resolution is
passed for its voluntary winding up; or
d. The Cardmember failing to pay any other indebtedness owed to the Bank when due; or
e. If in the opinion of the Bank, the Cardmember‟s line of credit with the Bank (including any other
account the Cardmember may have with the Bank or any other institution) is or has not been
operated satisfactorily and/or if the Cardmember commits or threatens to commit a default of
any provision of any agreement, or security documents or both (as the case may be), relating to
other accounts or loan facilities granted by the Bank or any other institution to the Cardmember
or other party in which the Cardmember is a guarantor, or chargor or assignor; or
f. Any order for execution, writ of attachment, garnishment or any other legal proceeding is issued
against the Cardmember; or
g. An event has occurred or a situation exists which could or might in the sole and absolute opinion
of the Bank:
i. Prejudice the ability of the Cardmember to perform his obligations herein; or
ii. Prejudice the repayment of the line of credit or the repayment of the Minimum Repayment
Due.
h. Cardmember cancels the Card.
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answered on Apr 10, 2015 at 00:03
by   jeff005
@ notalawyer

This is the current T&C.

In the years 1994-2002, i do remember that the T&C of credit cards were very simple. Is it within our rights to view/sight the original agreement that we sign upon application or we have to follow the current T&C when the legal proceeding starts. Can we dispute the interests rates charged currently because at the point of signing, i believe the rates at that time were lower.

In other words, can ayzek put on the SOD and disagree with the interest rates charged because he does not remember those rates and made a request on the SOD to view the original copy of the cardmember agreement form.?
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answered on Apr 10, 2015 at 03:36
by   jeff005
the Bank may at its sole and absolute discretion with adequate prior notice,decide not to renew, cancel, revoke the Card

where upon all monies owing to the Bank under his Card Account shall ]become due and payable immediately in full upon the happening of the following events or any of them

(e). If in the opinion of the Bank, the Cardmember‟s line of credit with the Bank (including any other
account the Cardmember may have with the Bank or any other institution) is or has not been operated satisfactorily and/or if the Cardmember commits or threatens to commit a default of any provision of any agreement, or security documents or both (as the case may be), relating to
other accounts or loan facilities granted by the Bank or any other institution to the Cardmember.

Ayzek has been sued by other instituitions years before. Why Affin did not follow suit.?

(g)(i). Prejudice the ability of the Cardmember to perform his obligations herein; or
(g)(ii). Prejudice the repayment of the line of credit or the repayment of the Minimum Repayment

He has broken so many of the above T&C years ago, why only take action now after 12 years.?

When the bank did not renew the card, the amount outstanding becomes due immediately and in full. When the old card expired in NOV 2003(?) the bank should have started legal proceedings in court to recover in full.

How to present it properly in the SOD??
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answered on Apr 10, 2015 at 04:01
by   ayzek
Dear all,

Below is my Draft PEMBELAAN.
For forumers kind comment and guidance.
Thank you in advance.

DALAM MAKHAMAH MAJISTRET DI KUALA LUMPUR
Guaman No.: -

ANTARA

Afxxx bank bberhad ....PLAINTIF
(NO SYARIKAT: XXXXX-X)

DAN

XXX XXXX XXX XXXXXX ....DEFENDAN.
(NO. K/P; XXXXXX XX XXXXX)

1.Plaintif adalah….

2.Defendan beralamat no. xxxx.....,  telah tinggal di alamat yang sama sejak tahun 1990 lagi.

3.Di atas tawaran Plaintif, Defendan di sekitar tahun 2002 telah menerima kad kredit plaintiff yang berikut: - Visa Card No. : xxxxxxxx .

4. Defendan telah menerima tawaran Akaun Kad Kredit biasa tanpa sebarang keistimewaan itu sekitar tahun 2002. 

5.Melaui penerimaan kad tesebut Defendan juga mengetahui bahawa kad tersebut akan di tamatkan, di tarik balik, di batalkan dan tidak di perbaharui secara otomatis apabila akaun kad kredit mempunyai tunggakan pembayaran.

6.Sekitar akhir tahun 2003 Defendan yang telah tertunggak pembayaran dan telah  di tolak (decline) penggunaan nya oleh semua premis perniagaan. Plaintif juga tidak pernah menghantar kad kredit gantian/baru kepada defendan sejak Dis 2003.

7. Notis Penamatan yang dikeluarkan oleh Plaintif pada 06.03.2015 hanyalah satu percubaan untuk menghidupkan semula hutang yang telah lama lupus.

8.Tuntutan Plaintif kini telah dihalang tempoh had masa dibawah Seksyen 6(1), Akta Had Masa apabila Plaintif tidak mengambil sebarang tindakan undang-undang dalam tempoh 6 tahun dari tarikh kad kredit plaintif di batalkan.


Pembelaan ini difailkan oleh Defendan yang beralamat




P/s. after the court session yesterday, while walking out of the kompleks, a lawyer approached me ask to changed for small denomination to pay for parking auto machine. We sort of exchange conversation and i told my story and showed writ tuntutan which he made a quick browse. He was terkejut of the amount and pointed out that there was no '' date of default '' mention and as he has to go away he ask use the 'akta had masa'. I said to him can i engage you.. he said ''no.cannot.. firm saya panel bank ini.

Is the absent of default date can be a good point here in my pembelaan. and how do i construct the words then.

Regards
ayzek
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answered on Apr 10, 2015 at 04:15
by   notalawyer
7. Walaupun Plaintif melalui peguamcaranya telah dengan surat bertarikh 23/3/2015, yang dialamatkan kepada defendan menuntut hutang tersebut , Defendan masih gagal atau enggan membayar balik hutang tersebut.

Where is the letter dated 23/3/2015?
Post it here for checking.
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answered on Apr 10, 2015 at 04:45
by   jeff005
The "default date" is when they sent you a letter of demand and which you did not comply. This is how those dirty bankers are playing with their "words".

The moment you stop paying is actually the default date.. The date of last payment under the terminology of the limitations act. That is the "cause of action".
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answered on Apr 10, 2015 at 04:52
by   jeff005
8...... tempoh 6 tahun dari tarikh kad kredit plaintif di batalkan "secara otomatik mengikut T&C of cardmember usage"

Bolih tambah semacam ni..??
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answered on Apr 10, 2015 at 05:17
by   ayzek
@ notalawyer.

Below is the cover letter from lawyer firm dated 23/02/2015.
( 1 copy sent to my office address and 1 copy to my home address (recieved 3~4 later)
-------------------------------------------------------------------------------------------------------------------

YOUR REF; XX/XXX/XXX-XX
OUR REF ; 23/02/2015
dATE;  MY NAME AND ADRESS (OFFICE)
       MY NAME AND ADDRESS (HOME)

Dear Sirs
Re; LETTERS OF DEMAND CUM TERMINATION OF CREDIT CARD AND RECALL OF SUM OWING TO AXXXXBXXK BHD.
Visa Card No:  xxxxxxxxxxxx
Total Outatanding Sum:  RM 7x,xxx.xx as at 23/02/2015
Total amount In Arrrears : 7x,xxx.xx as at 23/02/2015
______________________________________________________________________________________________

We act for AxxxBxxK BERHAD of Card Business Centre of xrd Fl. Banguunan..xxxxxxx..

Our client advises us that you (hereinafter called ''the Cardmember) were issued the above reffered Credit Card(s) bearing the above reffered numbers. The use of the Credit card is subject to the terms and conditions of Axxx bxxk Credit Card.

We have been informed by our client that you have failed, neglated and/or refused to settle the minimum amount payment as per statement of Card Credit together with interest amounting RM7x,xxx.xx which remain unsettled to date.

We are noe instructed by our client to terminate and recall from you the aforesaid facility and further instructed to demand from you , which we hereby do, the sum of RM7x,xxx.xx being total aotstanding amount sum which includes interest, penalty interest and other cost and expenses and RM7.00 being our legal cost for this notice.

TAKE NOTICE that should you fail to pay the said sum together with the interest calculated to date to us as Solicitors for our client or direct to our client within SEVEN (7) DAYS from the date hereof, we have strict instructions to proceed with legal proceedings against you to recover the Total Outstanding Sumowing from youincluding the interest, penalty interest, other cost and expenses without further reference to you whatsoever and all costs incurred therein shall be borne by you.
Further , our client will list your name in negative database.

Should you have enquiries, kindly contact AXXXXBXXK's Card Business Department at 03-xxxx xxxx from monday to Thursday from 8.45 to 5.45pm and on Friday from 8.45am to 4.45pm.

Yours faithfully

xxxxx & PARTNERS
cc; AXXXX XXXX Berhad.
/xxxxx

@ notalawyer.. since you requested the above i also have notice desrepancy of date in Writ and in this letter  of Termination.
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