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Diskaun membayar hutang awal dan lum sum

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asked on Oct 17, 2016 at 05:37
by   optra87
Hello everyone. I got a question and need some opinions. My credit card limit was RM27k. It was bought over by aiqon and almost five years, now I am being summoned and plaintif demand RM87k. The court case is on going and  I found the book by Mr. William Chan was very helpful. The next hearing will be on 2/11/16. The judge comment that in my affidavit, I only requested for the monthly payment and total amount to be reduced and did not challenge the amount demanded by plaintif. I have to submit my reply to the plaintif afidavit by 25/10. I have no idea on how to challenge the amount but this is what I am planning to reply. Usually when we pay a lump sum, bank will give a rebate or discount and in this case, I am sure that aiqon is paying less than what I am owing but I notices that in the letter, the amount demanded by palintif does not change at all. My question is, can I argue with the judge on the amount? 
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answered on Oct 20, 2016 at 05:32
by   optra87
Doesn't stature of limitation apply here?
Answer: I am not sure about this. Based on the loan outstanding statement, the interest since 2009 was 16.2% per annum.
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answered on Oct 20, 2016 at 05:58
by   kiki
 I am sure that aiqon is paying less than what I am owing 

Did they post to you copy of the Vesting Order back in 2011?
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answered on Oct 20, 2016 at 12:01
by   notalawyer
If you don't have a copy of the Vesting Order, it is a good idea to do a
file search ( carian fail ) based on the case number D-24Ncc-45-2011.
Go to the High Court counter and say you want to do a file search. Pay RM15.
Get a copy of all documents in that file to look for holes in the application to transfer the debt.  Pay RM 1 per page when making copies. ( select the important docs )
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answered on Oct 20, 2016 at 15:14
by   optra87
Did they post to you copy of the Vesting Order back in 2011?

Answer: No, I didnt receive a copy of the vesting order.

Notalawyer, it is not possible for me to do a file search now because I am outstation until monday. On 25/10 have to file my statement. 
27/10 already set for mediation.
2/11 is judgement day
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answered on Oct 20, 2016 at 16:31
by   kiki
25/10 have to file my statement

i suppose this date should be the day you were ask to file your Statement of Defence in reply against their Tuntutan and their affidavit sokongan.
 
Strategy maybe to (1.)  deny you owe money to Aiqon (because you did not receive any Vesting Order, all the while you thought aiqon is a normal bill collector.)
(2) ..etc  (3)..

27/10 already set for mediation.
If you don't have money to pay or follow their proposal then what is the points to mediate..
They Aiqon will still proceed the lawsuit.

2/11 is judgement day
Your previous court appearance was still at Pengurusan Kes  stage.
On this day the magistrate is expected to read and decide on your Statement of Defence against the tuntutan by the palintif..
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answered on Oct 21, 2016 at 03:03
by   notalawyer
Hi optra,

The first document that you filed is not an affidavit, it is a Statement of Defence. ( pembelaan ).
What you need to do is to amend ( change ) your Statement of Defence, not file an affidavit.

Did Aiqon file a Notis Permohonan for Penghakiman Terus? ( Summary Judgement ).
If they did not file this application, 2/11 cannot be the judgement day.

What is your strategy for the mediation?
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answered on Oct 21, 2016 at 04:53
by   optra87
edited Oct 21, 2016 at 05:02
by   optra87
Hi everyone, thank you for the non stop advice.
Yes, aiqon have already submit request fo
My plan is to..
1. Change the defence statement. Mention that I have doubt with the amount purchased and claimed by aiqon.
2. For mediation...i am willing to pay rm500 mthly but then
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answered on Oct 21, 2016 at 05:07
by   optra87
3. To ask to reduce the total amount demanded by aiqon
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answered on Oct 22, 2016 at 14:02
by   vkpc
At mediation, you can
a. ask to reduce total debt by 50%
b. ask to stop all interest
c. offer installment of RM500 per month

But before you can get all these, you need bargaining power.
Currently you have no bargaining power to dictate the terms.
Maybe you could tell them that Avengers Malaysia will get involved if mediation fails.
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answered on Oct 22, 2016 at 18:52
by   optra87
Thank you vkpc. Now I have to start preparing and think on how to amend my defense statement.
You are right that I am still lack of bargaining point.
Avengers Malaysia I heard the name being mentioned before but haven't explore further and now it's time to stat digging for some info.
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