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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 20:41
by   Cheah
911 already. Long time ago. But now they havea fine dining restaurant but dunno can do or not. I think bukan senanglah if want to do high class thing in Penang. You know Penang people lay, thing has to be cheap and good! Trademark of Penang people!
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answered on Sep 18, 2016 at 20:46
by   Cheah
Jeff005,vkpc,law novice. What do you guys think? I quests u have a rough idea about my situation. Do you think I have a case. Should I seek lawyer advice ?
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answered on Sep 18, 2016 at 21:44
by   vkpc
Is your shop lot in Wisma Central?

You haven't received a Writ Summons, meaning you haven't been sued yet.
So I guess no need a lawyer for now.
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answered on Sep 18, 2016 at 21:51
by   jeff005
edited Sep 18, 2016 at 21:56
by   jeff005
You know Penang people lay, thing has to be cheap and good! Trademark of Penang people!
Not totally correct
Komtar was "destroyed" by poor management
It is probably because it was promoted for a one race shopping haven
I use to lepak there on every sundays in 1981 watching pretty birdies and trying to hook a pigeon.
I was working for a year in the then Butterworth and living in Chai Leng Park.
Penang island is really a beautiful place.
vkpc.. which place were U hibernating then?

@ kiki, vkpc
unveil another personal puzzle to you
it was on 14Feb2005 that "we" decided to marry after a romantic dinner at the top of revolving hut.
so much for being stupid marriage that we are tearing each other faces at the High Court now.
This is how the "Jeff005" comes about..!! Time to change and 4me to evolve..

@ cheah

Just do nothing and wait for them to file in court.
They do not have a strong case for full recovery of past service charges.
If they had used JMC to sue, their case may be stronger, yet you can use the 6 years limitation.
Take pictures of the rundown surroundings and get clips of complaints posted on the internet to help fight your case (past happenings to that building).
My guess is that the current management will be leaving soon and they are trying all sort of tricks trying to recover some "debts" which is actually "pure profit" for them.
The old debts from all those OMC are not their babies but if recovered is "theirs" (accounting wise)

In a fighting case, you can claim you did NOT agree to pay full management services fees because of very bad services. You have approached the previous OMC but no action was taken.. Your current up-to-date of payment reflects your ability and sincerity to continue to operate there.

Ask them to prove past billngs/invoices.
Can tell you that they can't give.
Some of those management services companies are fly by night companies and maybe have never submit accounts before.
All I can teach you is to challenge their accounts of OMC in court. They will be caught flat footed.
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answered on Sep 18, 2016 at 21:56
by   Cheah
I have received letter of demand and I think will follow by writ summon very soon. What should I do now?  I thought I should talk to a lawyer and ask about my case before the writ summon. My shop is in komtar.
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answered on Sep 18, 2016 at 21:59
by   jeff005
Just wait for the summons

It may not come at all.

Why worry for nothing now that you are a learned man

Hakuna matata
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answered on Sep 18, 2016 at 22:13
by   Cheah
Hi jeff005. What is JMC? And out of curiosity, does it cost a bomb just to consult a lawyer?
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answered on Sep 18, 2016 at 22:34
by   Cheah
Hi jeff005,vkpc. In writ of summon does the lawyer fixed a date for us to attend court or they asked us to fixed a date to appear in court?
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answered on Sep 18, 2016 at 22:43
by   jeff005
edited Sep 18, 2016 at 22:50
by   jeff005
JMB = Joint management Board between outgoing developer and unit owners

JMC = Joint management commitee among all unit holders

Management Services Companies are appointed by Developer, JMB or JMC

Sometimes JMC acts as management services (it is legal)

Sometimes JMC disband and surrender back to developer provided they have NOT kick the bucket yet.

In some cases, JMC fails, the management is surrendered to Datuk Bandar who will appoint a management company to run the services. Sure die faster.

Komtar is so old like me, that the handovers would have been upside down. Laws was not in place then.
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answered on Sep 18, 2016 at 22:59
by   Cheah
From what I know komtar is manage byJMC which they formed 4 years ago.
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