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Credit Card Fight with Affin Bank

3474 Views  ⚫  Asked 3 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 13, 2015 at 17:09
by   Aurora
Oh dear! I have misses the most important fact of your case Ayzek! I am sued by the same bank and i got the cc ard the same time circa 2002. If so, you can use my SOD referring to my terms & conditions posted in my earlier thread.

WOW! Why do i feel so lucky
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answered on Apr 13, 2015 at 17:35
by   virnicia
Is it the same law firm and same lawyer also?
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answered on Apr 13, 2015 at 17:38
by   Aurora
Dear @Virnicia

Different lawyer firm
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answered on Apr 13, 2015 at 18:13
by   Anonymous
O'Ras..

Go help "Fizz" case. That guy is kalang kabut now and is shy to tell accurately. Knowledge gained can help yr case too...

See.. posting of bank and lawyer firm name can help others and in turn help yourself.. Read Aurora SOD carefully, line by line, word for word, meaning unkown "google".. then shoot that obnoxious lowyer duwn.. He has no right to "verify" your N.K. receipt in front of the Judge.. It also means he did not check and is not aware that you have filed N.K... Good Luck..
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answered on Apr 13, 2015 at 18:39
by   ayzek
Dear forumers/@notalawyer,
Thanks for the attention on my

Q1.)  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.
Ans) ....I will file it on the 30th April. Save some travelling cost and time.

Q2) Unfortunately, your Pembelaan is not good enough yet. You need to improve on it.
I think you should copy more of Aurora's Pembelaan.
Ans) ....Yes sir, i will copy from Aurora and post it here for forumers and your kind comment.

Q3.)  You also have not told us what is your strategy to fight this lawsuit?
Ans)....My goodness,  I dont have a strategy...can you recommend what is good for me that i am a person of zero experience and facing the court and lawyers already shivers me.

I only can see <1> the limitation act. as the main point.

In the plaintiff writ of claim  it did not mention when was the last payment ( default date), neither can i, without the statement but I can swear that the c.card was signed on year 2002.  Even though i think that the card was the first and last by anything, it will never be no more than 2 (valid until 2004).

Q4) 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.
Ans 4) Offensive and attack the bank.... Me? Help me God..
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answered on Apr 13, 2015 at 18:45
by   ayzek
@Aurora

I am sued by the same bank and i got the cc ard the same time circa 2002. If so, you can use my SOD referring to my terms & conditions posted in my earlier thread.

Thanks aurora . i will copy yours. Thank you very much hoping to also get tips from you from time to time.
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answered on Apr 13, 2015 at 19:58
by   Anonymous
edited Dec 23, 2016 at 06:35
 
I only can see 1 the limitation act as the main point.
When you go dancing with the bank lawyer, you need more backup dancers.. Read and understand fully Aurora SOD and why she did it that way. Understanding all the points raised to backup the limitaion act plus the rights of a consumer/debtor. That strengthen your own SOD..

Once you start to fight, the bank may give up fast.. of course the lawyer firm would want you to fight, either way they get paid. Now to dress up like a pro Lawyer and attend court. Don't wear your hat or skullcap.. they would try to bully you some more...

Offensive and attack the bank.... Me? Help me God.
God helps those who can help themselves? There is no penalty even if the court do not allow a summary judgement.. and please ask for costs of.. say RM2,000..??
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answered on Apr 13, 2015 at 20:09
by   Anonymous
edited Dec 23, 2016 at 06:31
 
Different lawyer firm
Different firm but the same kind of lawyers. Inform people to file N.K. but does not check on whether it has been filed or not. Obnoxious? Overconfident? Lack of pro services to client? Bullies old man/woman?

Was hoping it is the same lawyer.. the fight is almost over, the moment the writ has been filed. Wasting people moneys at taxpayers expense and court's time..
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answered on Apr 14, 2015 at 00:29
by   ayzek
Dear @notalawyer,fellow forumers,

Below is Notis pembelaan i copied n paste from notalawyer final draft for Aurora. I intend to use it since her case is almost identical (same bank n about the same time) to mine, except she was already JID on 2nd hearing. Can i?

DALAM MAHKAMAH MAJISTRET DI KUALA LUMPUR
DALAM NEGERI WILAYAH PERSEKUTUAN, MALAYSIA

GUAMAN NO : -----------TAHUN 2015

ANTARA

ABC BANK BERHAD (No. Syarikat:-----------T) .. PLAINTIF
DAN
---------------(No. K/P: --------------) .. DEFENDAN

PEMBELAAN

1. Tarikh terakhir bayaran ansuran dibuat kepada akaun kad kredit tersebut adalah sekitar Aug 2003.

2. Sekitar bulan Nov 2003, kad kredit defendan telah dibatalkan oleh Plaintif, selaras dengan Garis Panduan Bank Negara Malaysia (Classification and Impairment Provisions for Loans/Financing) yang diperlu dipatuhi Plaintif sebagai Bank Komersil.

3. Plaintif tidak pernah menghantar kad kredit gantian/baru kepada defendan sejak tahun 2004.

4. Plaintif terus menghantar penyata kad kredit setiap bulan kepada Defendan yang menuntut bayaran penuh daripada Defendan sejak tahun 2004.

5. Agen-agen Plaintif telah beberapa kali menelefon dan mendesak Defendan untuk membuat pembayaran penuh akaun Kad Kredit sejak tahun 2004.

6. Akaun kad kredit Defendan adalah akaun kad kredit biasa tanpa sebarang keistimewaan.

7. Tuntutan Plaintif kini telah dihalang 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 dibatalkan.

8. Klausa 20.1(d) Perjanjian Kad Ahli mengatakan bahawa tiada Notis Penamatan perlu diberikan dan penamatan berlaku secara otomatik apabila akaun kad kredit mempunyai tunggakan pembayaran.

9. Notis Penamatan yang dikeluarkan oleh Plaintif pada 23.02.2015 hanyalah satu percubaan untuk menghidupkan semula hutang yang telah lama lupus, kerana mengikut Klausa 20.1(d), tiada Notis Penamatan diperlukan.

Pembelaan ini difailkan oleh Defendan yang beralamat





_________________
Defendan

P/s ..The date was was based on the physical card, assuming it was the last.
Thanking in advance..
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answered on Apr 14, 2015 at 01:05
by   Jeff
The date was was based on the physical card, assuming it was the last
No assumption. You must assert that since Dec 2003, there is no card renewal. U go on assumption, lowyer go on assumption.. court cases habis lo.. 99years oso cannot settle... It is very hard for the bank to prove they send you the renewal card. Even if they did send, proof of receipt and activation of card must be proven. They wont fight you on this point. They would just fight that u hv sign  on the T&C of the cardmember form and charge you on the agreed high interests.

Whe u r ready, try to file 1 week b4 30/4. No delays, no silaps, and we go fishing after everything is over..
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