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Congrats to Ayzek on his Credit Card win against Affin Bank

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asked on May 14, 2015 at 20:16
by   notalawyer
WoW!
Pitstop once said very people actually win against the banks.
This is the first Credit Card win in this forum.
RM 700 in costs awarded. People seems to be winning left and right.
Congratulations. Have to celebrate.

More info on how he won the case.
http://www.lawyerment.com.my/boards/article-Malaysia_Business_Consumer_Bankruptcy_Law-3135.htm
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answered on May 17, 2015 at 03:12
by   Gladt
Ayzek,
1.I serve all document personally to the lawyer office, i even had lunch
with the lawyer at SOGO,after serving
the Perintah.
2. Klang is my hometown, so i am been to pulau ketam several time.
3.Visit to pulau ketam : you fix the date, i then decide whether i can slot in the time. Anywhere, thanks for the
invitation.
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answered on May 17, 2015 at 03:19
by   jeff005
{b]I think they spoke in Malay...
Correct. The whole sessions(ALL) is 90% Malay. Sitting right far behind and with Ol"Man hearing capability and poor knowledge of Malay, my interpretation can have some degrees of wrong translation.
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answered on May 17, 2015 at 06:28
by   Jeff
Walking with a Friend in the Dark is better than walking Alone in light and in Life.
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answered on May 17, 2015 at 12:06
by   Abu Ammar
"How to Overcome Fear Self Representing and Going to Court?" Bring bro Jeff along. Half the psychological battle won already...
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answered on May 17, 2015 at 17:56
by   suzy
I don't get it. Was the lawyers laughing at the bank lawyer, the judge or ayzek?
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answered on May 17, 2015 at 23:17
by   jeff005
@ suzy

Exactly what the lawyers were laughing cannot be computed. The scene was comical. The Magistrate was very excited. It could be that she really thought that Ayzek took her advice and "self represented" by just learning through the internet. There is no way the lawyer were laughing at Azyek or that goon lowyer. A fact can be established is that all the time ALL the lawyers in the court were paying attention to Azyek while on the "dock".. It could be the first time they witness a defendan self representing.. With the Puan shooting left and right earlier on for mistakes made by so many lowyers, can say, the mood was quite sombre inside till when Azyek made the second appearance on the dock.
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answered on May 18, 2015 at 00:07
by   jeff005
@ Abu Ammar

Bro.. u are very accurate in your asessment of the situations..

FEAR
1/ Fear of going to Court
2/ Fear of Self Representing
3/ Fear of "Hopelessness" (losing to learned lowyers)

Avenger shall find ways of addressing and overcoming the above issues.. To me now, those lowyers in the Magistrate courts are just ordinary mid range/level executives in companies, nothing more skillful than the bank officers we see every now and then inside the banks. Not to be Obnoxious, their level is not even half the level of any current AVENGER in terms of resourcesfulness and skills..
Period..
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answered on May 20, 2015 at 02:04
by   jeff005
Halo

Da send to bank? Mau lapat $$$ pergi makan ketam di Pulau Ketam sebelum bulan Puasa. Nanti awak circumvent.. bulan puasa tak bolih makan masa siang.. pandai.. ta kasih chance..!!
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answered on May 20, 2015 at 03:13
by   ayzek
Updates..

@Notalawyer, fellow forumers and all,

Last night(monday 18/5) i went to daughter's house in KL to type Deraf Perintah ( with Name of lawyer i have leave it blank) and Cover letter to Plaintif lawyer.

Cover later was dated 20 May. as we planned to file it for  on Wednesday. As it happen she's quite free at her work place today (19/5) therefore i ask her to fax the cover letter the Deraf Perintah  to Plaintif lawyer and do filing at the Mahkamah for me.

~ So today (19/5) she fax it at 11.06 am.
~ She filed the Deraf Perintah 2.31pm. ( with official reciept )

While she was at the Mahkamah doing filing ..
~ Plaintif lawyer replied through same fax no. of her office at 2.36 pm.

Following is Lawyer cover letter:-

----------------------------------------------------------------------------------------------------------------------------
PER :     PINDAAN DERAF PERINTAH
PERKARA:  DALAM MAHKAMAH MAJISTRET KUALA LUMPUR
PLAINTIF: AFFXX BANK
DEFENDEN: XXX XXXX XXX XXXXXX
NO:       XXXXXX-XXXX-XX/XXXXX

Merujuk kepada perkara diatas dan fax encik yang di depan tarikh 20/05/2015.

Sila mengemukakan salinan asalderaf perintah untuk tindakan kamiyang selanjut nya.

Saperti yang di perintahkan pada pendengaran bertarikh 14/05/2015, sila di maklumkan bahawa pihak Plaintif telah menarik balik tuntutan tersebut dengan kebebasan uuntuk difailkan semula, maka encik dikehendaki memindakan perintah asal dalam perkataan '' tanpa hak memfailkan semula'' kepada ''dengan kebebasan untuk di failkan semula''.

Kami kembalikan salinan fax yang telah dipindakan untuk pindaan encik.
(They attached the handwritten ammended copy )

Yang Benar

.........
G n G

----------------------------------------------------------------------------------------------------------------------------

I remember well that i did say to the Puan on the hearing day, that :-

''Defenden menerima cadangan penarikan balik tuntutan tapi dengan syarat:- "'

1) penarikan balik dengan tidak ada akan memfailkan semula.
2) penarikan semula tuntutan dengan kos.

Guess, it was so much on the kos matter that i can't remember or actually did'nt hear what the Puan perintah about the syarat yang pertama. Anyway i am assuming the Paan will correct the DERAF according to what she had Perintah that day..

Is it So... ?
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answered on May 20, 2015 at 03:44
by   jeff005
@Azyek

Honestly speaking.. I did not hear the Puan mention anything about ''tanpa hak memfailkan semula'' OR ''dengan kebebasan untuk di failkan semula''.

But you did mention saything like it the first time when the that GOON was not in the courtroom. I was too far away to hear clearly.

Technically no worry. They(Bank) would not file again against a losing lawsuit and to save their face. You did not win and they did not LOSE. They just withdrew the Writ. They can be no precedent set in Magistrate Court for others to fight in a similar manner. Now other lawyers firms can also teach their credit cards clients to do the same..!! Now notalawyer have put a lot of moneys into their pockets too..!!
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