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Can it be considered statute barred debt?

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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!
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answered on Sep 18, 2016 at 16:16
by   jeff005
edited Sep 18, 2016 at 16:23
by   jeff005
@ cheah

There may be a few entities involved in the past, namely
1/ Developer
2/ JMB
3/ JMC
4/ Management Services Companies (Could have 2,3 companies before)
5/ Current Management Company

Personal Opinion for your case ONLY

Assumptions
6. Your shop lot is located in a Condo cum Commercial Shoplots
7. Your shop lot is located in Residential Apartments cum Commercial Complex

8. There are legal procedures for handing over from one entity to another.
9. The NMC (new management company) cannot sue you for the debts owed to OMC.
10. The OMC should sue to recover their debts before handover. Unless "they" have made you signed something that they were allowed to do so and you (your mother) have accepted their T&C. There is a window period of 6-8 months for legal handover.

11. For your case, if their receipts is stated, for eg. Services for Jan 2012 paid, then the OMC or NMC can claim Service Charges from 2011, 2010.(U do your own maths). Beyond that (before) is time barred. This time barred statute must be expressed in the first affidavit filed in court (very important). Do not allow the OMC to add their interest elements. Dispute the interests element.
(Please request help from mr. vkpc on how to write a proper reply to the lawyers letter) 

12. If you are not versed and if you can afford, get the services of a competent lawyer. AND DO NOT SIGN YOUR AFFIDAVITS BLINDLY..!!

13. Do you have the Invoices and statements of acs before and after "handover/change of management company". This may show that there are different entities.
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answered on Sep 18, 2016 at 16:49
by   vkpc
9. The NMC (new management company) cannot sue you for the debts owed to OMC. 
Should be can.  Normally a Court Order allows it.
This is how banks do it, when they change name from Bank Bumi to CIMB bank.

10. The OMC should sue to recover their debts before handover.
Some people no money to pay, so naturally there will be outstandings.

Please request help from mr. vkpc on how to write a proper reply to the lawyers letter.
He is going to use a lawyer. Try this lawyer in JB.

TEH POH TEIK & CO.
Tel : 07-2234968 , 07-2234907
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answered on Sep 18, 2016 at 17:02
by   Cheah
Hi jeff005. My shop lot is located in a commercial complex and it was badly managed and the management companies had changed three times already. Ever since the new management taken over they do not issue me invoice or statement for the debt only letter asking me to pay the debt.
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answered on Sep 18, 2016 at 17:08
by   Cheah
Hi, I and my mother are certain we do not sign anything. I live in Penang and any idea what the cost is to engage a competent lawyer in Penang to fight my case?
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answered on Sep 18, 2016 at 18:00
by   jeff005
edited Sep 18, 2016 at 18:05
by   jeff005
@ cheah

mr. vkpc has recommended a lawyer in Penang

Is the shoplot is penang too?

People recommended by vkpc is usually reliable entities. vkpc is a very very fussy entity himself.

Any past receipts and or statement of acs is useful for your case (past management)

Pic of vkpc very very good Daddy

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answered on Sep 18, 2016 at 18:07
by   jeff005
@ vkpc

Want me out to take yr pic?

You have only 140 minutes left to protest..!! Other wise it stay there..!!
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answered on Sep 18, 2016 at 18:25
by   Cheah
Hi jeff005. My shop lot is in Penang but vkpc recommended a lawyer in jb. Any lawyer to recommend in Penang and what are the fees? The new management taken over four years ago so they issue only current invoice. I don't have the past receipt or statement but I do have a letter that management name has been changed. The letter asked me to issue the service charges to the new management.
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answered on Sep 18, 2016 at 18:38
by   Cheah
Hi jeff005.i only have the latest invoice from the management office. If you want 2 or 3 months , can I sent nov/ dec 2015 invoice. Every month they only sent me an invoice and I just pay. They also don't issue receipt consistently.
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answered on Sep 18, 2016 at 20:28
by   Cheah
Hi jeff005,vkpc and law novice. Thank you for your time and advise. I am about to send the doc to you but when I look at it thoroughly, I find that it really not do much help. The receipt and statement is not even consistently sent to me. The only thing that is consistent is the invoice when they ask you to pay the service charges.this show the performance of the manage ment company. My shop lot in Penang is the first shopping complex in Penang but due to times and bad management the complex is worn and rundown. Many of the shops is either closed or just abandoned. Many of the shop owners have not pay any service charges since the shopping complex opened that means more than 35 years ago. That why I need a lawyer in Penang that understand the situation better. This shopping complex is really a pain in the ass! 
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answered on Sep 18, 2016 at 20:32
by   jeff005
Komtar?

The revolving restaurant is still there?

The last time I was there is on 14Feb2005.
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