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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 10, 2015 at 14:03
by   Daniel
Dear vkpc,

morning , i didn't receive letter of demand. The letter i only received is cert of posting from the firm

regards,
Daniel
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answered on Jun 10, 2015 at 14:26
by   vkpc
This is good news.
Are you sure you didn't change address?

Here is the plan.
It is possible that the bank's legal dept. and the collection dept. works independently of each other.
This is why you are still allowed to make payments while the lawsuit is in progress.
( your account is not barred )

In this situaton, there is no need to "appeal" or discuss with the bank.
You can continue paying your installments ( clear your outstanding amounts first ) and fight the lawsuit at the same time.

To fight the lawsuit, maybe you can use the issue of not receiving the Letter of Demand to kill the Writ.  Search the loan agreement and see what it says about Notices, whether it says it has to be sent by Registered Post or what other channels.  ( post that section here )
It is possible that the loan agreement says it has to be sent by Registered Mail but some legal clerk forgot to mail it, or wrote your address wrongly on the letter.  If that is true, you can win.

If you decide to fight, you may need to attend Court at least 5 times.  You decide.
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answered on Jun 10, 2015 at 17:23
by   Daniel
Dear vkpc,

No change on my address.

i will clear all the outstanding within a week.

I see. What will turn up if i continue paying the installment but don't fight the lawsuit?
is it possible the bank withdraw the writ?

The loan agreement was not with me now and i will post the section here regarding notice.

So i talk to bank or not?

Thanks

Regards,
Daniel
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answered on Jun 10, 2015 at 21:47
by   Daniel
Dear vkpc

* Should i talk to bank??

~sorry for typing error~

Regards,
Daniel
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answered on Jun 10, 2015 at 23:38
by   vkpc
Even if you start talking to them, 90% chance they will not withdraw the lawsuit because
the lawyers want to make money and the managers want to receive "commissions" from the law firms.

It may be better to oppose the lawsuit while paying the installments. ( since they allow it )

Once they see that they are losing at Court or that you are a difficult opponent, they may withdraw and pretend there was no lawsuit in the first place.

If you don't attend Court and let them win, they can use the Judgement to threaten you with bankruptcy anytime they like.
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answered on Jun 11, 2015 at 01:39
by   Anonymous
So.. Come early tommorow. Dont forget to bring along your MoA. At the tingkat 5 if you are not sure of your way around ask the staff at the counter or at the window opening.

If you happen to meet the lawyer before the case is heard dont get influence by " not need meet Puan also can. Bincang dengan Bank.."

Good Luck.
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answered on Jun 11, 2015 at 02:27
by   Daniel
Dear vkpc : last payment i made was on 24 May 2015. I will attend the court and i oppose the lawsuit by paying the installment. I will clear all outstanding by end of this week.

Dear Mr ol'man : thanks for your kind reminder. =) The only task for tomorrow morning is to get the postponement from puan as you all suggested.

** i will update you all the result ^^

Regards,
Daniel
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answered on Jun 11, 2015 at 02:28
by   Jeff
Register your attendance at the "Kisok" machine right in the middle of the hall after coming out of the lifts. Just punch your case number. Then report to the counter for which jail room you are suppose to go in and wait. PLEASE REACH 30 MINUTES BEFORE YOUR CASE...!!!

Plus make sure your car is in a bladi good condition. Go recheck now and make sure you have have switch off all car lights. Dun be like Mr. Murusk..!!

Best of LUCK.  Nothing will happen to you, dun worry. Dun peep at the female lowyers. Dress properly. No jeans, long pants, long sleeve plus no smoking inside. Otherwise they may make you wear sarong.!!
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answered on Jun 11, 2015 at 02:53
by   notalawyer
Here is the script for tomorrow.

Bank Lawyer: Puan, hari ini telah ditetapkan untuk sebutan Writ Saman.  Defendan hadir sendiri.
You  : Puan, defendan telah memasukkan Memorandum Kehadiran.  ( bring your RM8 receipt )
Judge : Adakah kamu mengaku salah pada tuntutan ini.
You : Tidak mengaku salah, Puan.
You : Puan, minta tempoh 8 minggu untuk cari peguam.
Judge : Kenape lama sangat?
You : Sebab banyak peguam tidak sudi menentang bank, mungkin kerana mahukan biznes dari bank.
Judge : Saya beri kamu 3 minggu untuk kamu cari peguam sehingga DD/MM/2015.  ( write down the date and time )
You : Terima kasih Puan.
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answered on Jun 11, 2015 at 02:58
by   Daniel
Dear Jeff

Is wearing t-shirt is not allowed? i have checked my car. Thanks.

Dear Notalawyer : Thanks for your script. i really appreciate it.

Question :

if the next date to attend date is fallen in 27 June - 2 July, may i ask for other date? i have an oversea trip in that time.

___________________________________________________________________________
Thanks again to everyone, you all have made me feel at ease in this matter.
___________________________________________________________________________

Regards,
Daniel
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