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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 12, 2015 at 00:18
by   virnicia
Puan : Lebih bank you bincang dengan bank daripada mencari lawyer seban lawyer upah lebih mahal daripada saman RM600.

I thought the Writ is demanding RM 63k?
Is the claim RM600 or RM 63k?
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answered on Jun 12, 2015 at 00:41
by   ayzek
virnicia,

I'am sure it is 63k.

There is this particular Puan which has a tendency to everytime say " ada bincang dengan bank? " if there is anything to do with hutang bank.

Ini my first experience the Puan also did remark something like this witout looking at details ''..ini hutang apa ini? ada bincang dengan bank tak? saya selalu nasihatkan supaya bincang dengan bank.."

But I didnt tell her.. '' kalau saya bincang dengan bank maka lupus lah hak had masa saya.. Puan ingat Bank Bank ni baik sangat ke??''
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answered on Jun 12, 2015 at 00:56
by   suria
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)

Why the live version is totally different from the expected script?
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answered on Jun 12, 2015 at 01:22
by   ayzek
suria,

Why the live version is totally different from the expected script?

When the case is called up by the interpreter  (i think) normally the plaintif lawyer will always begin first..

Hence he/she will say the standard sentence... " Puan, hari ini telah ditetapkan untuk sebutan Writ Saman. Defendan hadir sendiri."

In daniel case, the plaintif was presented by a Representer which don't know how to begin so he just keep quiet, waiting to be instructed or being ask. 

So when the Puan turn to daniel ( a new lawyer is born) he has to oblige and he said " saya tidak mengaku salah puan "

How else can the defenden begin? Hence the difference between the live and the script.
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answered on Jun 12, 2015 at 01:27
by   jeff005
@ Azyek

Now u know Y i am so "stern looking" towards that young Goon.. hehehee
A "representor" has no locus standi to talk there, baru bolih dengar dan record the proceedings shj ma(I think).
If daneil turned up late coz of wearing T-shirt or didnt file MOA, sure ask for JID...

Hey, that day I wore long or short sleeve shirt? Da lama pun ta ingat..
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answered on Jun 12, 2015 at 01:45
by   jeff005
@ Ayzek

Already written several times not to talk about the "mode of service" of the notis.
Now oledi waste up 1 bullet for future use... (if there is a fight/trial)..!!
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answered on Jun 12, 2015 at 01:48
by   Daniel
Dear Jeff: sorry for my mistake. i will not talk to lawyer of plaintiff anymore.

Dear Virnicia: i think should be total loan amount as stated in No 12 in writ.

Dear suria and azyek: what do you mean by the live version is totally different from the expected script. Puan did asked me if i understand what the representer said and Puan did explain to me after representer present. so i said i tidak mengaku.

Regards,
Daniel
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answered on Jun 12, 2015 at 01:52
by   Daniel
Dear runner : what meaning of mode of service?

Regards,
Daniel
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answered on Jun 12, 2015 at 02:13
by   Anonymous
And so.. daniel (the new lawyer in the making) passed his first court appearance with flying colors.

The new lawyer daniel, however, was given a homework to do by the court.

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)

While driving back to his office he was murmuring to himself ...pembelaan ..pembelaan ...pembelaan..

So, what should i file for pembelaan?
The new lawyer ask himself.

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.

Then he remembers  the words by a fellow forumer...

Daniel,...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

Daniels smile to himself. He knows what to do  already.
He begins to list it down..

1. Search Loan Agreement..

2. Begin drafting his Pembelaan and post to forum for his fellow forumers to comment and debate it..

That night for the first time in several weeks, daniel slept like a log.
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answered on Jun 12, 2015 at 02:14
by   jeff005
surat lain seperti notice of demand saya tak pernah dapat
Nvm no serious injury.
When you were taught a script for the first time, try to follow as much as possible.
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