Can I be sued in Court by banks for credit card debts after 10 years? Can the banks freeze my bank and EPF accounts?

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asked on Apr 17, 2010 at 20:10
by   jane
edited on May 17, 2016 at 05:15
I am so curious to find the solutions to my problems and so happy that finally I found the right forum to talk about it, hope notalawyer can advise me on these issues:

Back in 1999, I had 3 credit cards and due to me losing my job a year later, I haven't paid those debts until just recently in April 2010, 2 of the 3 banks called demanding payment. I know they are from debt collectors but they claim they are the banks' legal department. I checked with in CTOS, only 1 bank issued summons in year 2001.

1. After 10 years, do I still need to pay to the bank that has blacklisted me with CTOS?

The amount stated was RM2830 as appeared in CTOS report year 2001, and in April 2010 the collector called informing the amount to date is already RM31,000. They demanded me to pay RM500 as initial payment and I did pay and promised to call back (after 1st cheque payment has been cleared in their system) to discuss ways for me to settle the outstanding. However, after 2 weeks no return calls from the debt agency. Should I ignore or should I continue paying them since they have blacklisted me. Do I have the rights to settle only up to 6 years total debt? If I choose not to pay them, can they make me a bankrupt now the outstanding has reach more than RM30,000?

The other 2 banks did not issue any summons, however one of the banks harassed me up to Human resource personnel asking my contact number and therefore:

2. Should I pay their demand even though no summons issued yet? Does the LIMITATION ACT apply to my case?

3. Can they sue me after 10 years or demand payments from me after 10 years?

4. Can the bank declares me a bankrupt at this stage even though no summons issued after 10 years?

5. Can they take any court actions after 10 years?

6. Will these debts collectors OR banks able to freeze my bank account, property or my EPF (KWSP)? Should I be able to withdraw my EPF once I reach the age of 55 even though I don't settle all these debts?

7. Will the Immigration Department decline to renew my passport?

8. Can banks decline my NEW loan applications with these old record (summon not settled as appeared in CTOS 10 years ago)?

Please help me clarify. I'm 100% SURE all these calls were NOT made from the Bank STAFF as the way they talk like AH LONG, there is no way the bank staff will talk rudely as they know WE can always make a complaint to Bank Negara Malaysia (BNM).
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answered on Oct 21, 2016 at 15:33
by   Justin Lee
edited Apr 26, 2017 at 07:04
Dear Kiki, 

Thank you so much for this enlightenment. I never knew how the system works and I'm truly glad to have came across this forum. You have really change my life and open my eyes to understand all this. Thank you I hope my post and your advice will continue to help the people who suffers this mental torture in their everyday life. God bless. Thank you so much once again.
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answered on Apr 21, 2017 at 15:14
by   gsf598216
edited Apr 26, 2017 at 07:05
I need to enquire something. I have 4 credit cards, one personal loan and one car loan back in 2005. My credit card limit is RM3000. I have defaulted in payment and I don't know if I've been declared a bankrupt by the bank. My personal loan is RM6000. After all these years, how much do I have to settle for the cards and loans?
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answered on Apr 21, 2017 at 17:22
by   kiki
 I don't know if I've been declared a bankrupt by the bank.
Check it with Jabatan Insolvensi.
Or check your status with Jabatan Imigresen to see whether you have been barred from leaving the country.

After all these years,
Exactly how many years is '' After all these years,'' ?
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answered on Apr 22, 2017 at 19:20
by   gsf598216
edited Apr 26, 2017 at 07:07
I have not receiving phone calls from banks demanding payment. Only from debt collector, AEON Credit. They kept calling me demanding payment and threaten to use Writ of Seizure and Sale (WSS) if I refuse to pay. Do I still have to pay the banks since my cards and personal loan have been 12 years? (2005-2017). I checked Semakan Sistem Kawalan Imigresen (SSPI) 2 online frequently and my passport was not barred.
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answered on Apr 27, 2017 at 00:24
by   Coco
I had owe with HLB credit card combine credit limit was RM10K. Last payment was on 2008. but I just received call from "he say that he is peguam from Mahkamah Shah Alam " to do the bankruptcy to me due to they found that my outstanding was over RM70K. He also say that they will freeze all my asset, bank account. . 
What should I do?  
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answered on Apr 27, 2017 at 01:27
by   jeff005

@ Coco

Both of you just go and check your BNM CCRIS to see if there have any lawsuits by any of the banks you owed monies. Check with CTOS as well.

As your debts is more than 6 years, if the banks file a lawsuit after 6 years of last payment to the banks, you can set aside the lawsuit provided you can receive the docs filed docs by apply the "6 years Limitation Act". Google and study the implications.
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answered on Apr 27, 2017 at 02:38
by   Coco
Is that peguam from Mahkamah can call us to do the payment? 
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answered on Apr 27, 2017 at 05:21
by   jeff005
edited Apr 27, 2017 at 05:24
by   jeff005
@ Coco

Mahkamah is Law Court.
Mahkamah do not employ lawyers. They employ admin staff, Magistrates, Judges.

Mahkamah do not call debtors nor anybody involved in a Court case, unless extraordinary admin issues copes out like fillings not clear on records or double fillings of court docs.

The one who called you and use threats, intimidation, and presented him/herself is an imposter and is sure to be a bill collection agency appointed by the bank. They may even steal the number of the court, commonly known as telco line theft or id line alteration, to call you. This is what @Sharil "kena" and hundreds of others.
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answered on Jun 13, 2017 at 17:52
by   Needhelp
edited Apr 21, 2018 at 17:45
Aiqon Capital called me telling me that I owe RM60,000 and SC bank has pass to them my case. I only owe RM6,000 in credit card debt more than 20 years ago. My CCRIS did not state that I owe any loan.

I asked Aiqon Capital how and where did they get my phone number and requested them to provide me with legal document. They asked me to call SC bank for it..

I called up SC bank and the officer asked me to go to the main branch and apply for copies of the documents. They also told me that there is no guarantee that they can find it..

I even asked the officer if I apply a credit card now, will I be rejected but he can't answer me as the computer system just got the amount and year 2009.

But when I call up Bank Negara Malaysia they say, even if CCRIS not stated I still have to pay Aiqon Capital...

Please advise. Thank you.
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answered on Apr 7, 2018 at 19:51
by   Dane Wong
edited Apr 21, 2018 at 17:49
I would like to enquire about my sister's case. 

She has credit card debts of RM30,000 but the bank is demanding RM100,000 for the total amount owe (RM30,000 plus interests).  The bank (Hong Kong Shanghai Bank) recruited an agent to chase for the debt.  My sister appealed to settle the principal sum, RM30,000 but the bank refused and even threatened to freeze her EPF account.
Now her bank accounts with other banks (CIMB and Maybank) are frozen.


1. Her bank accounts are being frozen. Does this mean that sister is declared bankrupt?
2. Can the bank get her EPF frozen? How long does it take for the bank to freeze her EPF? Doesn't this procedure require a legal permission for the court?
3. My sister will be 55 in June 2018. Does she have time to withdraw her EPF before the EPF freeze?  And can she nominate to get her withdrawals transferred to my bank account since I'm her sister?
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