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asked on Sep 1, 2017 at 16:32
by   PS1818
Good day!

I received a first Kuala Lumpur Majistret Court Writ which issued by the bank's lawyer for Statement of Claim of credit card debt. I have been late for five (5) months of unpaid payments to the bank's due to unemployment. As of to date I still owe to the bank's of RM7,000.

I was unemployed since last year, April 2016, and until to date.  Despite unemployment , I still made prompt payments to the bank's with my available savings until I reached the maximum that I am unable and having difficulties to proceed with the following payments, the caused, run out of savings. But I am constantly  looking for a job opportunities.

What should I do with the first court writ received?

Do I have to attend to the court?

The Writ has been fixed for case management on 20.9.2017. Time to attend to court were not mentioned/stated on the court writ.

Your kind advise is much appreciated.

Thank you.
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answered on Sep 2, 2017 at 22:33
by   jeff005
Monday public hol la...
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answered on Sep 6, 2017 at 23:07
by   PS1818
I had done the " Notice of Appearance " paid RM8 today and informed the bank's lawyer as per the officer's advised. For the first time I spoke with the bank representative about the total sum owing to the bank.

The bank's rep said if I can pay the five months outstanding than the bank's will tell the lawyer not to proceed. I said, sorry, I can't afford to pay that amount you are asking for. Then the bank's came to another deal; if I can pay RM180 now and the balance of four outstanding payments the following months subject to NO payments missed.

The bank's rep post another threat, in case I missed any payments then the bank's will make judgement against me and apply in court to freeze my asset, bank account and bla bla bla.

My questions; can I propose to the judge to reduce the interest rates of 18% p/a at the first hearing? And also restructure to an affordable payments plan?

Other bank offers me with an affordable payments plan at  9% p/a interest rates.
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answered on Sep 6, 2017 at 23:31
by   jeff005
edited Sep 6, 2017 at 23:39
by   jeff005
can I propose to the judge to reduce the interest rates of 18% p/a at the first hearing? And also restructure to an affordable payments plan? 

Yes you can and request the interests rates to be at 6% per annum (flat rate), that is why I ask you to attend the court case. Failure to attend , may be @18% as per credit card T&C as nobody contest the interests element.
But ...
But several other issues will surface.
1. Subject to acceptance from the bank
2. There was a documented case 2 years ago that the court Judge allows 2 years to complete the whole repayment. If you can prove you are able to repay within the 2 years, which also means that in 2 years time there would be a followup hearing. If you fail in any payments, this time, you are a Judgement Debtor, you can be hauled to court for "Contempt of Court Order". Failure to attend that proceeding warrants a "warrant of arrest". For some people a court fine and/or jail term (a few days) may mean nothing, but for some people with child custody issues (down any roads), will lose their rights.

The bottom line is that how can you prove that you are in a position to cast a repayment schedule taking into account you have other bank debts too and is unemployed for a few months already. The other banks is other bank..  OUB is OUB, your immediate solution is this court case, otherwise, your credit ratings and integrity is heading down the dumps.

Is the hearing on 20/9/2017?
What went wrong with the e-filing search? Do enlighten us.
Do answer my Q's

Next Q..? You may have many more.
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answered on Sep 6, 2017 at 23:47
by   jeff005
 bank's will tell the lawyer not to proceed. I said, sorry, I can't afford to pay that amount you are asking for. Then the bank's came to another deal; if I can pay RM180 now and the balance of four outstanding payments the following months subject to NO payments missed. 

These  are bank's tactics to indirect make admission to the debt plus acknowledge the interests element. The legal fees and all those defaults interests remains. Attend court proceeding and challenge the interests element (personal opinions) and the legal fees claimed.. Still you have to answer how to repay what you owe.

Have you read thru the past 2 years court cases documented in this forum? It would help and boost your confidence tremendously.
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answered on Sep 6, 2017 at 23:58
by   PS1818
Yes, the hearing is on 20 Sept. No idea what went wrong with the e-filing but when I checked the bank's lawyer filed summon writ and the record appeared in the system.
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answered on Sep 7, 2017 at 00:08
by   PS1818
edited Sep 7, 2017 at 00:16
 
I went through two interviews and hopefully achieve one before the case management.

Legal fees claimable if I win the case? Or direct asking for legal fees waived?

Shall I proceed with any payments ( RM180 ) to the bank before 20 Sept?

I haven't read through past two years court case but will do so. May I have the case name?
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answered on Sep 7, 2017 at 02:53
by   jeff005
Legal fees claimable if I win the case? asking for legal fees waived? 
How to win this case when you really owe this bank? Moreover there is already admission of debt when you have undergone AKPK DMP. Once there is a 60 days default, (not 2 installments), the program auto destruct. Things will go back to normal and all the past default charges and late payments charges, compounded  interests are added back as though nothing has happened except for the monthly payments left. You have broken a second legal agreement which could have given breathing space.

Shall I proceed with any payments ( RM180 ) to the bank before 20 Sept? 

Personal View
Next payment how? Delay? The bank will proceed no matter how what you "promised" as you have defaulted twice. The integrity is no longer there. They just get as much cash out from you for the lawyers fees they have paid out now.

I haven't read through past two years court case but will do so. May I have the case name?
Read thru ALL  the cases. All cases are slightly different. That's is where you will learn. Ever stood in front of a Judge? With all 20/30 lawyers behind you (for other cases)? Some people stammer like my friend did.. but now he is a Harimau... Hari Hari mau pergi Makhamah.
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answered on Sep 7, 2017 at 04:31
by   vkpc
I had done the " Notice of Appearance " paid RM8 today.

Please post the document image and receipt image here for checking.
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answered on Sep 7, 2017 at 04:38
by   vkpc
Yes you can and request the interests rates to be at 6% per annum (flat rate), that is why I ask you to attend the court case. Failure to attend , may be @18% as per credit card T&C as nobody contest the interests element.
Actually the Judge cannot set the interest rate as the borrower and lender are both bound by the credit card agreement which says 18%.  Only the bank can change the interest rate but from experience, OUB will not do that.

There was a documented case 2 years ago that the court Judge allows 2 years to complete the whole repayment. If you can prove you are able to repay within the 2 years, which also means that in 2 years time there would be a follow up hearing. If you fail in any payments, this time, you are a Judgement Debtor, you can be hauled to court for "Contempt of Court Order". Failure to attend that proceeding warrants a "warrant of arrest".

That was a Judgement Debtor Summons (JDS) case, this Writ is not a JDS case.
Totally different.
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answered on Sep 7, 2017 at 05:01
by   jeff005
edited Sep 7, 2017 at 05:06
by   jeff005


If one will to attend the court proceedings, one MAYBE able to reduce the interests rate to 5%. If do not attend, then the rates of 18% as claimed by the banks will remain uncontested.
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