Advertisement

Can it be considered statute barred debt?

1147 Views  ⚫  Asked 1 Year Ago
asked on Sep 10, 2016 at 05:32
by   Cheah
Hi, I owed service charges for my shop lot since 2003 and could you please advice me whether it can be considered statute barred debt since it was 13 years already. Can the management company take legal action against me to recover the debt? Thank you for your advice!
0 had this question
Me Too
0 favorites
Favorite
[ share ]
61 Answers
« Previous   1   2   3   4   5   6   7   Next »  Last »

answered on Sep 18, 2016 at 02:14
by   Cheah
this is the first demand letter since 2003
0 found this helpful
Helpful

answered on Sep 18, 2016 at 02:21
by   Cheah
I have tried to send you a copy of the demand letter but failed because it has to be less than 800000 Kbps.can you please advise me how to do it.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 02:31
by   jeff005
You jpg or pdf the pic?

Lawywerment only accepts  Jpeg

Use camera phone to take clear pic

Use paint to downsize the pic but still clear enough to see

Then try to post again.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 03:15
by   cheah
I tried to post but I just can't post it. I am sorry. It is a demand letter demanding my mother to pay the arrears within 14 days or legal proceedings shall be commenced against her.it does not say when the arrears was and until when.they just write the amount and demand my mother to pay. From what I know they demand the arrears from 2003-2012. From 2012 until now I do pay the service charge. This is the first demand letters after all these years .
0 found this helpful
Helpful

answered on Sep 18, 2016 at 03:18
by   cheah
And also my mother has never been made a judgement debtor and this is the only demand letter after all these years.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 05:50
by   jeff005
edited Sep 18, 2016 at 06:04
by   jeff005
1. How much arrears did they ask for? The total?

2. How much is per month assuming there is no changes in the rates for the past years.

3. From 2012, what was stated in the receipt?
    a} Payment of account or
    b} Payment for the month of xxxx 2012, 2103 etc etc

4. Any monthly statements of accounts issued by the management services?
   Is it manual typed statement of ac or computerised accounting statement of acs?

5. Any change of Management Companies? ( Very Important )

You must log in to your profile "cheah" before able to post successfully.

If you still cannot post it out, email to me at < bladirunner@gmail.com >
I shall post it out HERE on your behalf with your Permission. I shall delete all personal details.

There is a very good chance you may be able to pay "less".

Need the following docs and info
1. Letter from lawyer firm
2. Rates per year, state rate for that year (if any)
3. Statements of acs from the management company 2 or 3 months. (Consecutive)
4. Copies of receipts for 2 or 3 months (very important for me only) Please pair it with the statements of accounts send to you.
5. Need to know if they follow the FIFO method of accounting practices.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 06:25
by   Cheah
Hi jeff005.they asked for rm62,406.53 which they say is the arrears of service charges and interest due. Every month the service charges are rm346. From 2012 the receipt listed as payment for that particular month is rm 346, nothing about the old debt. There is a change of management in 2012.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 06:47
by   Cheah
I will prepare the doc and send to your email.thanks
0 found this helpful
Helpful

answered on Sep 18, 2016 at 07:11
by   Cheah
Sorry, I forgot to inform you it is computerized statement.
0 found this helpful
Helpful

answered on Sep 18, 2016 at 14:01
by   vkpc
this is the first demand letter since 2003.
If there is a demand letter on year 2003, and they did not file a lawsuit for 6 years after the demand letter, then the amounts stated in the demand letter can be time barred
by Limitation Act. ( if you contest it in court )

Although the Court may order that you only pay the new debts, the Condo Management may still try to recover the old debts by other methods, such as :-
a. barring your mother from AGM meetings
b. refusing to issue car stickers
c. reducing your water supply flow, etc.
0 found this helpful
Helpful


« Previous   1   2   3   4   5   6   7   Next »  Last »

Your Answer





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