Advertisement

Received cert of posting without receiving writ

1746 Views  ⚫  Asked 2 Years Ago
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
0 had this question
Me Too
0 favorites
Favorite
[ share ]
167 Answers
« Previous   2   3   4   5   6   7   8   9   10   11   Next »  Last »

answered on Jun 11, 2015 at 03:05
by   notalawyer
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..
Can.

Don't forget to register your case number with the interpreters in the Court room before the Judge comes in.
Good Luck.
0 found this helpful
Helpful

answered on Jun 11, 2015 at 03:07
by   virnicia
best of luck daniel!
and don't talk to strangers, esp big bad wolf lowyers.
0 found this helpful
Helpful

answered on Jun 11, 2015 at 03:16
by   Daniel
Dear notalawyer : Thanks.

Dear virnicia : Ok.

Good news: my boss allow me to go to court during working hour and no need to take annual leave.

Regards,
Daniel
0 found this helpful
Helpful

answered on Jun 11, 2015 at 16:06
by   Daniel
Dear all,

Morning. It ends at 0930 with the postponement. Thanks, everyone. 
________________________________________________
~~~~~~~~~~~~~~~~~~~~
The result:
~~~~~~~~~~~~~~~~~~~~
Puan allow me to defend and need to file the pembelaan before 26 June 2015 and attend court in third week of July 2015.
________________________________________________

In court, i said i tidak mengaku salah and puan laughed (haha. Puan said this case very simple and not case of jenayah n no need to mengaku salah. ) and minta 8 minggu untuk cari peguam .
Puan suggested me to talk to bank instead of finding lawyer as lawyer cost is higher than saman which costs RM600.

I need to thank vkpc as he told me to file Memorandum of Appearance since every hour counts and i filed it before plaintiff.

The lawyer didn't come but representer of the lawyer came. The reprensenter didn't expect me to come today and he brought nth and asked me to show him the letter that sent out from his firms and i did borrow him and he marked down the date of issuing notice ans suit letter and mentioned the date of issue in court but Puan didn't mark down.

Puan did mark down as i did not come to court as 1 mentioned date and only came today (2 mentioned date) with the reason i didn't receive any letter from the firm except cert of posting which brought me here today.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
So, what should i file for pembelaan?
1. i never receive letter except cert of posting.
2. i'm willing to pay any late payment charges but not the writ.
3. can i the issue of not receiving the Letter of Demand to kill the Writ? and how to do it?
4. can i dont want to talk to bank and continue paying the installment and i ll clear all outstanding by end of this week .
5. i want to kill the writ if it is possible.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thanks.

Regards,
Daniel
0 found this helpful
Helpful

answered on Jun 11, 2015 at 16:30
by   virnicia
When is the next court date?
How do you know he is a representer?  Did he talk to you?

Your description is not clear enough.
Maybe you should type here what exactly you, the "representer" and Puan said in Court.
0 found this helpful
Helpful

answered on Jun 11, 2015 at 16:50
by   Jeff
Congrats.. u hv passed the first round..!!

Did they make ppl going into the court premises to wear sarongs? I remembered going there wearing short sleeve shirt and jeans..!! Now newspapers reported no jeans.!!
0 found this helpful
Helpful

answered on Jun 11, 2015 at 16:57
by   Jeff
Is wearing t-shirt is not allowed?

YES of course can..

For those under handcuffs
For those illegal immigrants just caught outside.
For those snatch theives

If you have worn T-shirt and the gate guards refused u entry just now, by the time you can borrow a coat or pants to change.. LATE>> a big big JID could awarded.. Cry no milk..!!
0 found this helpful
Helpful

answered on Jun 11, 2015 at 18:31
by   Daniel
Dear virnicia : yes, he talked to me and told me he is representer.
---------------------------------------------------------------------------
descriptions :
~~~~~~~~~~~~~
Before court ( representer of lawyer came and talked to me )
~~~~~~~~~~~~~
Representer : Lawyer who handling this case didn't come and i'm represnter of the lawyer. ( they did not expect me to come today )
Representer : Since you have come , then we wait for decision from puan and you may file the pembelaan.
Representer : Can you fax me your memorandum kehadiran to me for record. ( i promise that i will send to him)
Representer : Did you bring the letter that issue from our firm, may you show me ? ( i did show me all letters sent from his firm and he marked down date of issue as representer didn't prepare as they thought i will not show up)
Representer : We file the case management because you failed to pay within 14days after receiving notice of demand.

~~~~~~~~~~~~~
In court
~~~~~~~~~~~~~
ME                   : saya tidak mengaku salah
Puan laughed         : this case very simple and not case of jenayah and no need to mengaku salah
ME                   : saya minta 8 weeks to look for lawyer.
Puan                 : Defendant filekan Memorandum Kehadiran awal daripada plaintiff. ( this need to thanks vkpc for telling me every hour counts and I filed earlier than plaintiff , in court ,representer said he filled earlier than me but Puan checked in system and found out he filed after me)

* Representer claimed : defendant should receive all the letter that sent out from the firm includes notice of demand.
Puan                  : Apa yang plaintiff cakap tak kan record. ( Claim from representer)
Puan                  : Lebih bank you bincang dengan bank daripada mencari lawyer seban lawyer upah lebih mahal daripada saman RM600.
Me                    : Saya datang hari ini sebab dapat cert of posting. inilah surat yang dapat, surat lain seperti notice of demand saya tak pernah dapat.  officer pernah datang company jumpa saya. saya janji untuk bayar satu bulan installment dalam 10 hari dan saya dah buat. saya juga janji bayar lagi 1 satu bulan kat hujung bulan Mei dan saya juga bayar. Tapi, tiba tiba saya dapat surat cert of posting. (Puan did record down)
Representer           : ini saya tidak diberitahu dan saya tak tahu.
Puan                  : Saya bagi anda satu bulan cari lawyer (next court date : 13 July 2015 ) tapi kamu hendaklah filekan pembelaan dalam 14 hari (sebelum 26 June 2015).

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

PLEASE LET ME KNOW IF YOU NEED FURTHER INFO.

Dear jeff: Thanks. today i wear long pant + long sleeve since no reply from you for the question wearing t-shirt is allowed? i arrived court at 8am

Regards,
Daniel
0 found this helpful
Helpful

answered on Jun 11, 2015 at 20:11
by   Daniel
i received a sms from bank : Your account is DUE. Please make full payment by today to STOP legal action taken against you.For further info please contact 03-xxxx xxxx/xx/xx to confirm your payment. Thank you.

Question:
What meaning of full payment as stated above? is it outstanding or loan amount + interest?

Regards,
Daniel
0 found this helpful
Helpful

answered on Jun 11, 2015 at 20:53
by   Jeff
Oledi told you not to talk to others in court.

If you did not show him/her your letters, Puan would have s_crew him up. Why show him your receipt of filing? Want to see..  ask Puan la.. I have already written on @Ayzek case that the lawyer has no right to view, want to view, go pay RM8 at the E-file counter.

Told you lawyers pretend to be friendly and see what you are going to do.. you may have exposed the color of your panties..!! Lucky there is no serious harm done..!! Want to survive a court lawsuit, work smart..!!
0 found this helpful
Helpful


« Previous   2   3   4   5   6   7   8   9   10   11   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy and terms of service.