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Aiqon Capital demanding payment for my CIMB credit card debt

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asked on Feb 18, 2021 at 10:30
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edited on Jun 1, 2021 at 11:24
 
I am a little confused here. I used to have 2 credit cards, one with Southern Bank and another with CIMB but that was way back and both were cancelled in 2002 due to default payments. At that time, the amount due was I believe RM4K each for both cards.

Over the years there is no legal case taken against me on the amount due. Occasionally there are some calls from debt collectors chasing for payment and that's about it. I don't think the bank actually took any legal action against me yet. 

Last week, there is this Aiqon Capital that called and informed me they are the new owner of the debts and I am owing RM92K to them for both cards and I should pay or face bankruptcy proceedings within a week or so.

I need the advice if I should just follow their demand or should I ignore their request since there are posting I read here that mentioned 6 years limitation or some that mentioned is extended to 15 years already. 

So was really hoping someone could help me with advice on what should I do next. 
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answered on Feb 19, 2021 at 22:22
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edited Jun 2, 2021 at 16:22
 
@Oldalantam,

Can't remember. Maybe I also have a Public Bank card. But is defaulted also 2002.

But as I check with the lower mahkamah, except for RHB, no one else have filed anything against me in their record.
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answered on Feb 19, 2021 at 22:29
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edited Jun 2, 2021 at 16:25
 
Hi @Vince Sum, 

There is difference between a civil case and a criminal case.

For civil case, a court will not check and reject a case where the debt is already more than the limitation period. It is for the defendant to inform the court during the hearing.
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answered on Feb 20, 2021 at 09:21
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edited Jun 2, 2021 at 17:09
 
Hi @Vince Sum 

How do you check for your records in the mahkamah? Can please share your experience?
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answered on Feb 20, 2021 at 10:49
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edited Jun 2, 2021 at 18:04
 
@Oldalantam

I just went to the Kompleks Mahkamah Kuala Lumpur... nearest to house. There is a counter for Mahkamah Rendah where RHB filed their case last time.

I asked the clerk there. I asked her whether my RHB case still pending. She checked and told me it was discontinued. And when I told her other banks rejected my loan she checked and said there is no other case pending or filed against me except the RHB one which had been discontinued.

Except if there is case filed against me in High Court. She can only check lower court system.
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answered on Feb 20, 2021 at 12:17
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edited Jun 3, 2021 at 08:40
 
@Vince Sum

So does that mean if I defaulted in 2002 and they didn't file the case to make me a judgement debtor, technically they are time barred today?

Personal notes (non-legal):

1. e-Filing started in mid 2012 that is where extraction of records can be done.

2. Only active cases will be migrated manually to the Court Systems. Those old cases especially those NFA (No Further Action) will not be transferred. That does not mean that there were no cases before. The clerks will have to check manually for you if you have the case number of the old hard copies. Those migrated case file (PDF Format) will likely to be taken off the racks and destroyed. 

3. Technically, when one's debt was declared as Judgement Debt, any further action will be technically be 15 years from that date (my personal interpretation of the Limitation Act 2018) if the creditor can locate the Judgement Debtor.

4. Sorry, my duty and presence in this forum is to create awareness on what and how the laws were to be implied and applied. You have to form your own conclusions based on your own circumstances/situations and to seek the services of a proper legal advice from a competent lawyer.
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answered on Feb 20, 2021 at 12:47
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edited Jun 3, 2021 at 08:41
 
there is no other case pending or filed against me except the RHB one which has been discontinued

Being discontinued is a NFA (No Further Action) case but it would remain in Court Records.
The purpose of filing a lawsuit is to "blacklist" the defaulter's credit rating of which other banks, other financial institutions, debtors collection agencies, bad debts buyers that would rely on the info from courts.

Remember, when one "fight" or responded to any lawsuits, once you file one affidavit, your current address and contact number will be inside. This is how "data mining" works. One has already left a digital electronic trail for other creditors, bill collectors to hunt them down.
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answered on Feb 20, 2021 at 14:53
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edited Jun 3, 2021 at 08:44
 
@jeff005,

Based on your info then we must wait until 2028 to say for sure we are definitely out of the 15 years limitation period?

In the meantime for the RHB case. They only filed their saman pemula in 2018. The first step to make me a judgement debtors for RM18k. Default date 2002.

Which mean I make a terrible mistake as they are definitely out of 6 years. I should have not settle with them instead applied to strike out the case based on time barred of 6 years. Am I wrong to say so?
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answered on Jul 8, 2021 at 09:33
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Am facing the same issue here too with Aiqon.. @Vince Sum
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answered on Jul 8, 2021 at 11:15
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Hi @VinceSum I added you as a friend. Please check. 
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