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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 5, 2015 at 16:22
by   alanlkadaniel
Thanks runner.

i am taking your advice by taking half day off to fill the form by go to kl court later and ETA to court is 2.30pm

below are my questions.
Since you mentioned that it is up to banker whether to continue my loan contract, should i call the bank for this request? if the bank agree with it, am i still required to attend the court on 11 june 2015.

* but i really don't feel like talk to bank right now. to be clear, im only able to pay monthly installment but not full payment at this moment.

regards,
Daniel Lee
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answered on Jun 5, 2015 at 16:40
by   jeff005
File the MOA first, then discuss.. If they want to nego, why file lawsuit? This bank has even got a JID on one individual who is under AKPK.

You should try to nego with the bank with proof of ability and the commitment to repay. But now it is on Default mode. What I am worried is that they agree to nego but still carry on the Lawsuit behind your back. E-File fast then on the 11thJun, ask for postponement to act on nxt course of action.
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answered on Jun 5, 2015 at 16:57
by   alanlkadaniel
What is JID on one individual who is under AKPK?

postponed to act? then there is no right for me to appeal and explain my situation that it ended up to this situation because i'm totally not aware of this and never receive notice demand cum termination.

you are right, this is made me worry on they agree to nego but still carry on the Lawsuit behind your back since it is happening now.

Regards,
Daniel
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answered on Jun 5, 2015 at 17:05
by   alanlkadaniel
Besides, is it wise/recommended i pay one month instalment or maybe two instalment 1st by today before attend the court ? and also asked them to show the prove of sending me letters especially notice of demand cum termination ?

regards,
Daniel
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answered on Jun 5, 2015 at 17:09
by   jeff005
postponed to act? then there is no right for me to appeal and explain my situation that it ended up to this situation because i'm totally not aware of this and never receive notice demand cum termination
Try to believe me that they will be no such "excuses" argued in court that day. You are not prepared for such court case yet, judging from your posting. You defence mode is postpostment. Agrueing on non critical issues can/may just land you in difficult situation. The legal fact is that you owe bank and bank is filing lawsuit.

You can "argue" or even appeal on the next court date. You do not have many much rights than you have now.. Postponement is the best defence now, that is your legal right, unless other forumers says otherwise.
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answered on Jun 5, 2015 at 17:11
by   jeff005
Dont pay anything now.. and that is my personal opinion..
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answered on Jun 5, 2015 at 17:37
by   Daniel
Since my mode is postpostment, I just go to court and request for postponement.
After that, I only negotiate with bank for reactiving loan contract ?
I just wan to continue pay them in monthly installment .

Thanks you all for replies & advicel. You all are my angels in the dark that pulling me out from nervousness and situation from "don't know what to do" to situation "know what & how to do"

Regards,
Daniel
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answered on Jun 5, 2015 at 17:39
by   jeff005
File you MOA today..!! That is the first legal procedure to do..!!
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answered on Jun 5, 2015 at 17:46
by   Daniel
Going to file MOA at 1pm .
Update you all once filed MOA
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answered on Jun 5, 2015 at 17:58
by   notalawyer
Did the email you a copy of the Kenyataan Tuntutan?  ( Statement of Claims ).
Post it here for checking.
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