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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 16, 2015 at 20:37
by   virnicia
daniel,
Where you disappear to for so many days?
Where is the section on Notices in the loan agreement?
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answered on Jun 16, 2015 at 20:55
by   Daniel
Dear vkpc : ok. will take out "tuntutan balas" since no counter-sue the bank.

Dear JeffOO5 : =). it is ok. u taught me the correct verb to be used. Your comments and suggestion are welcome.

Dear virnicia : i disappear to do the homework (draft pembelaan) before posting =).  i was searching sample of pembelaan in the last few days.  the section on Notices will be posted tonight.

Regards,
Daniel
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answered on Jun 17, 2015 at 00:15
by   Anonymous
daniel,

TUNTUTAN (PLAINTIF)

5. Defendan telah gagal , enggan , dan/atau cuai untuk membuat bayaran ansuan bulanan Harga Jualan seperti yang telah dipersetujui dan telah memungkiri syarat syarat di bawah perjanjian tersebut dan oleh yang demikian kesemua jumlah yang perlu dibayar di bawah perjanjian tersebut akan dengan serta merta menjadi dibayar dan kena dibayar oleh Defendan kepada Plaintiff.

PEMBELAAN (DEFENDAN/daniel)

2. Perenggan 5 diakui setakat bahawa Defendan telah cuai untuk menbayar bayaran ansuran Harga Jualan seperti yang telah dipersetujui.

Daniel, you not DEFENDING but ADMITTING.
Everything they say you akui ... then not need to fight lorr.
You must MEMBANGKANG everything they claim against you except your ic no, your address.
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answered on Jun 17, 2015 at 00:52
by   virnicia
hi daniel,

if we help you fight this writ, will you help others in return?
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answered on Jun 17, 2015 at 02:40
by   daniel
Below are content of loan agreement
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
----------------------------------
Master Commodities Sale Agreement
----------------------------------
6. Manner of payments

6.1 Payment of Bank Sale Price
The customer shall pay each installment of bank sale price due promptly and in full without any prior notice from the bank in the manner set out in the bank’s offer to sale.

6.2 Right to deduct
In the event the customer fails to pay any installment of the bank sale price on due date the bank shall be entitled to deduct from security deposit the amount of which shall be equivalent to the defaulted installment.

6.3 Failure to pay
If the customer shall fail to pay any one or more of the installment in the manner aforesaid and shall continue to make such default for a period of fourteen (14) days after notice of demand has been issued by or on behalf of the bank for such payment to be made then the entire balance of the bank sale price shall become due and payable immediately. If the said amount is not paid as aforesaid, the bank shall be entitled to take such action(s) as it may deem appropriate, including the institution of legal proceedings, to recover the amount due.
______________________________________
7. Late payments
Any installment due under this agreement, which is not paid on the due date, shall be deemed to be a late payment, if any of the entire balance of the bank sale price shall be required to be recovered through any process of law or otherwise, the customer shall pay ( in addition to the installment then due and payable) the Bank’s solicitors’ fee ( on a solicitor and client basis) and any other fees and expenses incurred in respect of such collection.
______________________________________
8. Early settlement and rebate (IBRA’)

8.1 Early settlement
8.2 Rebate (IBRA’)
______________________________________
9. Representations and warranties

9.1 The customer represents and warrants to and for the benefit of the bank:-

(a : Status)- That he has the legal capacity to enter into this agreement and that he is not an undischarged bankrupt and no bankruptcy order or notice or any like order or process has been served on him or to the best of his knowledge threatened against him;

(b : Proceedings)- That no litigation, arbitration or administrative proceeding or claim are pending or threatened against him in any court of law and no disciplinary or similar proceedings have been taken or to his knowledge contemplated against him; and

(c : Information)- That the information furnished by the customer for the purpose of this agreement to the best of his knowledge and belief do not contain untrue statement or omit to state any fact the omission of which makes any statements made therein in the light of the circumstances under which they are made is misleading.

(d : Restriction on selling of commodity)-The customer warrants that he shall not re-sell the commodity, which has been sold, to the customer by the bank to the original supplier or the bank.

9.2 Bank Representation and warranties ( details will be posted if it is needed)

The bank represents and warrants to and for benefit of the customer :
(a : commodity)
(b : No encumbrances)
(c : Restriction on selling of commodity)

9.3 Continuing Nature of representations and warranties ( details will be posted if it is needed)
______________________________________
10. Event of default

In the event an event of default occurs and the customer fails to remedy the default ( if remedial) within the stipulated time stated herein, the bank may by written notice to the customer to declare that the facility be cancelled and the full balance of the bank sale price then owing shall become due and immediately payable. The bank shall be entitled without future notice to the customer, institute such proceedings and take such steps as it may think fit to enforce payment of all amounts due and payable pursuant to this agreement. The following events shall constitute events of default.

(a) If the customer fails or in breach of any provisions of this agreement which is not capable of remedy or which being capable of remedy, is not remedied within fourteen (14) days after written notice to the customer from bank requesting action to remedy the same; or

(b) If any of the representations or warranties of the customer as stated in clause 9.1 above is false or incorrect in any material respect; or

(c) If the customer is adjudicated bankrupt or has a notice of bankruptcy served on him, become insane or of unsound mind, dies ; or

(d) If customer shall fail any one or more of the installment of the bank sale price on the due date after notice has been served as stated in clauses 6.3 above ; or

(e) If customer fails to restore the security deposit amount up to level required in the bank’s offer.
______________________________________
11. Termination

In the event of the occurrence of any events of default as stated in clause 10 above, the bank may at any time thereafter at its option terminate the facility and this agreement by giving fourteen (14) days to the customer of its intention to terminate or rescind the facility and this agreement. Upon such termination or rescission, the bank sale price and all other obligations under this agreement or each sale transaction shall be paid and/or discharge within fourteen (14) days of such termination or rescission. The termination of the facility and this agreement shall not affect any sale transaction already concluded.
______________________________________
12. Miscellaneous (details will be posted if it is needed)

12.1 entire agreements
12.2 no waiver of rights
12.3 stamp duty
12.4 incorporation of letter of offer
______________________________________
13. Notices

13.1 any notice or other communication in respect of this agreement may be given in any manner described below to the address or number provide in clauses 13.2 and will be deemed effective as indicated.

(a) if in writing or delivered in person or by courier, on the date it is delivered;

(b)if sent by facsimile transmission , on the date it is received by the recipient or a responsible employee of the recipient in legible form or

(c) if sent by certified of registered mail (airmail, if overseas) or the equivalent , three (3) business days after it is posted.

13.2 Address for notices

13.3 Change of details.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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answered on Jun 17, 2015 at 02:51
by   daniel
dear ol'man : i see. any idea to membangkang this claim? thanks. i want to deny that they claimed i didn't make payment after they sent me notice of demand and which i don't accept.

dear virnicia : i already posted content of loan agreement. i would like to help in return but to be honest, i have no experience in any lawsuit but only my case ( attending court last week and filling Memorandum of appearance.) i would help other if same case happened on others.

Regards,
Daniel
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answered on Jun 17, 2015 at 03:43
by   vkpc
(b)if sent by facsimile transmission , on the date it is received by the recipient or a responsible employee of the recipient in legible form or...
Did you give the bank your fax number?
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answered on Jun 17, 2015 at 03:53
by   vkpc
8. Melalui surat yang dikirim melalui pos berdaftar bertarikh 9 march 2015, Plaintif menerusi penguamcaranya Tetuan Che Moktar & Ling, menuntut daripada Defendan wang yang dikira setakat 6 March 2015 iaitu sebanyak RM65,080.

The letter that you received, reminding you of the next Court date, was it sent to your house or office?

When is your latest payment to this account and how much did you pay?
Did you get a receipt when you paid?
If yes, was the receipt stamped or written "Without Prejudice"?
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answered on Jun 17, 2015 at 04:01
by   Daniel
Dear vkpc :
1. i did not give the bank my fax no
2. the letter of reminding me court date was sent to my house.
3. latest payment was made last saturday with the amount of RM 2330 and no more outstanding. next payment should be made before 1 july 2015.
4. i paid by cash deposit.

Regards,
Daniel
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answered on Jun 17, 2015 at 04:06
by   daniel
Dear vkpc,

Thanks for your helps. i really appreciate it !

Regards,
Daniel
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