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Credit Card Fight with Affin Bank

3157 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 10, 2015 at 06:53
by   jeff005
notice desrepancy of date in Writ and in this letter of Termination
Sure different. One is notice of termination cum letter of demand.. the other a filing in court. Date is no big issue for the served letters.. it has served correctly to house and to office. The 6 years limit is the actual impt BIG date....

Those who have accessed to this section of the forum is now aware of the limitation act. There are thousands who does not. So, immaterial to them(the bankers). They would be after those who dont know. The Puan has hinted to you "File notice kehadiran". Those lowyers sure try to sneak from behind and steal a JID. Batal kaki oso have to attend in a wheel chair. Once a JID is awarded.. the fight becomes tough. Once you invoke the limitation act, my personal opinion is that this writ can be thrown out provided you have not contacted the bankers before or pay them even RM10. And make sure you file the notis asap plus attend all the hearings or mention or case management date. YOU WILL BE SAFE..!!
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answered on Apr 10, 2015 at 06:59
by   jeff005
edited Dec 23, 2016 at 06:19
 
Just put Gox & Partners and Affix Bank.. ini dua nama dah biasa.. forumers sini dah tahu.. no worry, you are not writing anything bad about them...
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answered on Apr 11, 2015 at 01:52
by   ayzek
Dear all,

I think i need to revise  my first draft of Pembelaan.
After reading it. It looks like i am trying to be too clever and make a direct ' kill' by mentioning the limitation act. and not knowing what they have in store for me.

Do you think so..dear forumers..
At this moment i am trying to do revision.

Maybe i try to add something like this :
'' adalah amat ganjil untuk sebuah  bank memberi notis penamatan kad kredit setelah lebih dari 10 tahun ia nya terbatal. "
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answered on Apr 11, 2015 at 02:29
by   jeff005
It looks like i am trying to be too clever and make a direct ' kill' by mentioning the limitation act.
No.. Personally I do not think so. Be direct. This is a court of law. Beating around the bush is going to confuse the Judge and at the same time allows the bank lowyer to quote this case and that case. Are you versed in other cases? This can mean more postponements unless there is intention to do so.
Read "Aurora" first SOD.. Part of the issues raised was the manner in which it was served.. which subsequently found that it was not that important enough to change the decision of the Judge.

My summary would be (personal opinion for your case only - based on YOUR FACTS)

1/ I do owe the bank money but I disagree with the amount
2/ I am living in the same house for the past 25 years why was there no legal action taken once the card was cancelled
3/ I am fully aware and made aware by the cardmember T&C that my card would be cancelled once i default on any payments.
4/ As such I shall Invoke the Limitation Act whereby no legal action shall be undertaken for the above credit card as the action has been time barred.. da lupus..
5/ I request for Puan, young and pretty, to discard this writ and costs of rm2,0000 be given to me. Hehee..

'' adalah amat ganjil untuk sebuah bank memberi notis penamatan kad kredit setelah lebih dari 10 tahun ia nya terbatal. "
Mcm orgorg tua borakborak di kedai kopi mamak lo. The T&C da tulis that the bank reserved its rights to take action as and when they like. Tapi jika da lebih 6 thn.. the Limitation Act kicks in.. mereka bodoh mau makan lebih interests.. skrg itu semua interests pergi makam la...
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answered on Apr 11, 2015 at 16:08
by   Jedi
edited Dec 23, 2016 at 06:28
 
Mana b. Notis Bertindak Sendiri ( Notice of Self Representation )..??

E-Filing
I have not yet done this process before.. believe all court doc are done by e-file. Go to the counter, they would scan the hardcopy and "e-file".. you keep the hardcopy and bring to the court next trip. Get all the copies endorsed plus receipts and (slowly) send one set to that lawyer by A.R. before court mention date. Most important file Notis Kehadiran at the same time..
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answered on Apr 11, 2015 at 21:16
by   ayzek
Dear all, (@notalawyer)

Below is my Draft of Notis bertindak sendiri.
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)

NOTIS BERTINDAK SENDIRI

Kepada Pendaftar,

Ambil perhatian bahawa saya XXX XXXX x xxxxxx defendan yang dinamakan di atas berniat hendak bertindak secara sendiri dalam tindakan ini dan bahawa alamat saya untuk penyampaian ialah No. xxxxx xxxxx xxxx ( my home address).

Bertarikh pada ............................... 2015

--------------------
{defendant name}
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answered on Apr 12, 2015 at 19:47
by   Jedd
@azseks

bro.. u got samples of SOD and Notis Bertindak Sendiri ( Notice of Self Representation ) from Wiiliam Chan Book?
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answered on Apr 13, 2015 at 01:44
by   ayzek
@jedd

bro.. u got samples of SOD and Notis Bertindak Sendiri ( Notice of Self Representation ) from Wiiliam Chan Book?

I browse and copy (NoSR) it from forumers who posted it in the forum threads.. Can i do this way bro?
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answered on Apr 13, 2015 at 04:09
by   ayzek
Dear all,

I need Confimation to avoid unnecessary mistake...

Based on the following..

""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.""

Q1) Status implying the Puan give 3 weeks just to find lawyer which i intend to declare  '' defenden berniat bertindak sendiri" on the 30 April 2015.

Q2) When will i need to file '' notis of self representation " and the Writ pembelaan to the plaintif summon?

Thank You in Advance to all fellow forumers..
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answered on Apr 13, 2015 at 12:34
by   notalawyer
Q1) Status implying the Puan give 3 weeks just to find lawyer which i intend to declare '' defenden berniat bertindak sendiri" on the 30 April 2015.
Q2) When will i need to file '' notis of self representation " and the Writ pembelaan to the plaintif summon?


This means that on 30th April, whether with lawyer or without lawyer, Puan will ask you to file your Pembelaan ( defence ) within 7 days ( from 30th April ).
So you can file your defence before 30th April. on 30th April or a few days after 30th April.
You should file your Notice Bertindak Sendiri together with your Pembelaan.

Unfortunately, your Pembelaan is not good enough yet. You need to improve on it.
I think you should copy more of Aurora's Pembelaan.

You also have not told us what is your strategy to fight this lawsuit?
After Pembelaan is filed, I think you should go on the offensive and attack the bank by filing for an application for Summary Judgement. 
This strategy has never been attempted before in this forum.
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