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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 7, 2017 at 06:06
by   jeff005
edited Sep 7, 2017 at 06:10
by   jeff005
That was a Judgement Debtor Summons (JDS) case, this Writ is not a JDS case. 
Totally different.

Yes, that was a JDS case. It was OUB too. That boy id was Alex. Allen or Allan or Alvin. OUB applied for JDS after 2 years. If I remember correctly, he went for the Summons Case and asked the Judge for installment plan. He got it but failed in the re-schedule. That's where a JDS was issued.

Current PS1818 could not accept OUB proposal and plan to ask the Judge to pay by installments and if the court allowed 2 years aka 24 months as in the JDS case.(that's what he claimed). In that case, end of the 2 year period (did pay occasionally), UOB summoned him to attend court via JDS.

I have encouraged PS1818 to read thru the past court cases, that's where she is in the best position to decide for herself based on her lifestyle and disposable income. The 9% she is getting from the other banks is thru AKPK and depending on the attaching T&C, it could have been voided due the termination of the DMP (Ppl used to missed out the small prints).

She must formulate a strategy on how to speak in court, whether to attend court or not.
These are possible options
a) Buat bodoh and don't attend and kena the JID with  maybe the 18% compound interests and all other charges.

b) Attend court with an acceptable proposal for installments plan and fight for the 5% flat rate interests. If this is succesfull  and all future payments are prompt, the bank can no longer apply late payment fees, and others.

To apply (b), have to delay this proceeding on 20th which is too close for comfort. Get a job and then see if the new income can justify any installment plans. But she must be aware of the consequences of JDS if she chooses this route.
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answered on Sep 7, 2017 at 06:17
by   jeff005
edited Sep 7, 2017 at 06:23
by   jeff005
@ vkpc

Another pc of good news today..
Remember  "Prisoner101" aka Sally? (only U&me posted in her thread)
She managed to withdraw her 30% EPF recently after a 2.5 year wait.
A kenduri is maybe in the pipeline.
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answered on Sep 7, 2017 at 07:37
by   PS1818
I get the new 9% interest rates from other bank after the termination of AKPK. I spoke to other bank representative and she offered me with an affordable payments plan and 9% interest rates. Payment has been made this month.
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answered on Sep 7, 2017 at 17:40
by   Farid
Bayar bank A tak mampu bayar bank B. Mcm ni Bank B mesti sampai Bankrapsi.
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answered on Oct 12, 2017 at 19:23
by   PS1818
The first case hearing was held on 4th Oct but the bank's lawyer were absense and informed that too many cases to attend ( the bank's already charged me legal fee of RM600). The Majistret court judge then set another date for second hearing later this month.

I had recently remitted previous five months outstanding balance to the bank. That's clear-up the minimum due. But the bank's representative said that despite I paid up the outstanding, the bank's will still make judgements against me should I absense for payment. The bank's lawyer called to me and asked " what's is my plan?" 

May I ask to the experts in this forum:

1). Apply to court to strike out judgement against me?

2). Shall I file for defense?

3). What other ways to defense myself in court?

4). Waived of legal fee?

Thank you and hope to hear from the experts soon.
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