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Received cert of posting without receiving writ

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asked on Jun 4, 2015 at 05:48
by   alanlkadaniel
Today, i received cert of posting from lawyer firm and request me to attend Kl Magistrate Court.
The firm represents alrahji bank. Since this is my first time of receiving this letter, i searched and found out that once receiving the cert of posting. it will request me to pay total loan amount.
so my questions are:
1. is it possible to pay the pending instead of total amount? as last time the employee of the bank came and asked me to pay the pending and there is 3 months pending. i promised to pay 1 month within 10 days and 1 more month in end of month and i did it as the pending is one month.

2. Must i pay the lawyer fee for the firm that represents the bank?

p.s they did called me many times but i didn't answer for since i'm working and answering call is not allowed as hp is not with me as well until i get off work.

3. i never received the monthly statement from them. the last letter i received from the bank is loan contract.

please help...thanks.

regards,
lee ka
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answered on Jun 4, 2015 at 11:14
by   jebat
Today, i received cert of posting from lawyer firm and request me to attend Kl Magistrate Court.
That is not a lawyer firm but a debt collection firm pretending to be a lawyer firm.
Just ignore.
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answered on Jun 4, 2015 at 12:34
by   alanlkadaniel
Morning, is it true? below is the letter content.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Your reference :                                     
                 xxx-xxx/xxx/xxx/xxxxx/xx/E
Our reference  :
Date           :
Type of letter : cert of posting

Name           : xxx xxx xxxx
Address        : xxx xxx xxxx
                 xxx xxx xxxx
                 xxx xxx xxxx
                 Selangor Darul Ehsan

Dear Sir(s)
     
Re             : Name of bank     ...Plaintiff
                 My Name          ...Defendant
_________________________________________________________________

We refer to the above matter which come up for case management on xx/xx/xxxx.

Kindly be informed that the case is now fixed for new case management on xx/xx/xxxx.

TAKE NOTE that you are required to attend before registrar at kuala lumpur magistrate cournt ,
Tingkat 5 , Sayap kiri, kompleks makhamah kuala lumpur at 9.00a.m on the said date, failing which
judgment in default shall be obtained in your absence.

Should you fail to fail your memorandum of appearance within the prescribed period as stated in
the enclosed Writ and attend attend the Court on the date and time stated herein, we have
our client's strict instruction to record judgement in default of appearance against you.

Strictly on a without prejudice basis, kindly ignore this letter if settlement has been achieved.

Yours faithfully,

xxx
c.c. Client-
     xxx xxx xxx xx xxx
     (Dossier No : xxxxxx)
     (attn : xxx xxx xxx )
AO/BZ

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

So,
1. Should i just ignore the letter and continue pay them monthly installment as agreed in loan contract?
2. Should i go to KL magistrate to see what is going on and what document should i go through? especially the writ ?
3. Should i call the firm / bank for this issue or just put it aside?

Status as at today,i did pay them 2 months installment last month and left one month outstanding plus the new one which due on 1 June 2015 which two months due. i'm planning to pay them one month by today or tomorrow.

Please give me idea on it.

Thanks.

Regards,
LeeKA
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answered on Jun 4, 2015 at 13:52
by   vkpc
Looks suspicious without the Summons Number.
What is the firm's name?
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answered on Jun 4, 2015 at 14:04
by   Daniel
dear jebat/vkpc ,

it is from Che Mokhtar & Ling.

what should i do? your comments is needed ...
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answered on Jun 4, 2015 at 20:10
by   vkpc
Call up this firm and ask for the Writ Summons number.
Give them the Ref. number they quoted.
Better still, ask them for a copy of the Writ and Statement of Claims.
Don't delay, every hour counts.
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answered on Jun 5, 2015 at 15:20
by   alanlkadaniel
Morning and Thanks to all who helped me especially VKPC. VKPC, I did exactly what you told me to do. The firm emailed me the document and asked me to call the bank for any inquiry.
So below are the details.

------------------------------------
1. NOTICE OF DEMAND CUM TERMINATION
------------------------------------
Date of issue: 9 march 2015
Content: To demand settlement from me sum of RM2324 to bank within 14 days.
Action from me : no action from me since I did not know about notice of demand cum termination

------------------------------------
2.Writ
------------------------------------
Date of disaksikan : 30 Apr 2015
Content : perintah kamu dalam 14days selepas penyampaian writ ini ke atas kamu,kamu hendaklah menyebabkan satu kehadiran dimasukka untuk diri kamu dalam suatu kuasa atas guaman…
Butir butir keingkarn:
8. melalui surat yang dikirim melalui pos berdaftar bertarikh 9/3/2015,Plantiff menerusi penguamcaranya xxx xx x xx , menuntut daripada defendan wang yang dikira setakat 6/3/2015 iaitu sebanyak RM65,080
10. Jumlah terkini yang berhutang oleh defendan yang dikira setakat 21/4/2015 iaitu sebanyak RM63,918.00
Action from me : no action for this since I didn’t receive this writ and what I did just pay one month instalment as usual.

------------------------------------
3. AR
------------------------------------
Date of issued : 12 May 2015
Content: suit is fixed for case management for Case Management on 28 May 2015.
Action from me : no action since I didn’t receive any letter from beginning.
4. Registered
Date of issued : 29 May 2015
Content : request me to attend before the registrar at MMS1 at 9am.
Action from me : no action since I didn’t receive any letter from beginning.

------------------------------------
5. Cert of posting
------------------------------------
Date of issue : 29 may 2015
Content : request me to attend before the registrar at MMS1 at 9am.
Action from me : aware of this and try to search any info regarding cert of posting and I’m very lucky to get the help from you guys.
___________________________________________________________________________________________________________________
* The officer from bank did come to working place at beginning of May 2015. I was told about outstanding arrears of three month and he asked me for payment planning. I told the officer that I ll pay them 1 month of outstanding within 10 days and 1 month pending at end of May 2015. He did pass me non officially letter of reminder with the envelope of alrajhi bank. In this letter , they asked me to their collection personnel. I didn’t make the call since I already talk to the officer who met me. An call from al-rahji in mid of May to ask me pay the outstanding so I did pay them for one more month. THEY EVER MENTION TO ME ABOUT WRIT OR SUIT.

* I was surprised of receiving the cert of post and never sent me statement.
__________________________________________________________________________________________________________________

So what should i do ?
1. i feel unfair as they never mentioned it to me.
2. i feel unfair as no letter i received except cert of posting on 3 June 2015
3. can i not to bear all charges of this suit ? i will pay the interest charge of late payment but not this.
4. should i attend the court?

Please give me some advice before i go to court or call al rahji bank as stated in the email i received for any inquiry.

Thanks

Regards,

Daniel
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answered on Jun 5, 2015 at 15:42
by   jeff005
So what should i do ?
1. i feel unfair as they never mentioned it to me.
2. i feel unfair as no letter i received except cert of posting on 3 June 2015
3. can i not to bear all charges of this suit ? i will pay the interest charge of late payment but not this.
4. should i attend the court?
1/ It is no longer fair or unfair issue. Your loan account has been terminated once you have defaulted. This bank is now famous for this kind of tactic. Change bankers.

2/ Is the address registered with the bank same as current residential address.? It has been documentaed that a representative (can be bill collector) of the bank has physically visited you for debt recovery. Since there is no FULL immediate payment of arrears, this action itself warrants a court lawsuit.

3/ This is the last of your worries.

4/ If you do not attend this court case, the next case in court MAY/COULD be a Bankruptcy proceeding within the year.

When is the next date of case management.?

Do follow vkpc instructions to the dot. He is the best adviser.
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answered on Jun 5, 2015 at 15:47
by   virnicia
Why you did not receive the Letter or Demand and Writ?
Which address they sent to?
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answered on Jun 5, 2015 at 16:03
by   alanlkadaniel
Thanks runner and virnicia.

So.

The address registered  is same with the bank same as current residential address.

i will attend the court . date of case management : 11 June 2015.

i also no idea why i didn't receive any letter except letter for cert of posting.

so, in my case, is their any chance for me to continue the loan since i'm not aware of this until cert of posting?

and i will pay the outstanding as well but not full payment? can it approved by judge i appeal for back to normal instalment?

Thanks.

Regards,
Daniel
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answered on Jun 5, 2015 at 16:09
by   jeff005
i also no idea why i didn't receive any letter except letter for cert of posting
Simple answer.. The F_ucking Bankers thru their B_lood s-ucking Low_yers play dirty..!!

and i will pay the outstanding as well but not full payment? can it approved by judge i appeal for back to normal instalment?
It is not up to the Judge but the Banker policies.

File you MOA today if you can. Not much time.!! No more asking why, just do E-file at the courts and talk later.!! read at @ Vicky Lim.
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