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Dikejar debt collector untuk tuntutan hutang bagi pinjaman pada tahun 2006/2007 yang telah pun mencecah 200k++

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asked on Feb 20, 2021 at 13:33
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Aslmkm / Salam sejahtera

Mohon nasihat dan pandangan dari pihak tuan.
Saya telah dihubungi oleh sebuah syarikat debt collector yang memaklumkan bahawa mereka ada maklumat hutang yang telah dijual kepada mereka oleh sebuah bank tempatan. Maklumat hutang tersebut adalah

- Hutang untuk 2 kad kredit untuk tahun 2006 dan 2007 dengan hutang terkumpul bagi kedua-dua CC tersebut sekarang adalah rm 170 K ++. Bayaran terakhir saya lakukan untuk kedua-dua kad ini adalah pada tahun 2008
- Hutang kereta waja (telah ditarik dan di lelong pada tahun 2007) yang sekarang berjumlah rm 40 k++

Jumlah hutang : rm 210k++

Status sekarang adalah debt collector ini kerap menghubungi saya di tempat kerja dan malah telah pun datang ke tempat kerja saya untuk berjumpa berkenaan hutang-hutang ini terutamanya jika saya tidak mengangkat panggilan mereka . Ini telah menyebabkan pekerja-pekerja lain di tempat kerja saya merungut berkenaan situasi ini. Saya telah pun menghubungi mereka memberitahu supaya jangan lagi menghubungi saya atau datang ke tempat kerja saya tetapi mereka juga memaklumkan bahawa saya pun perlu juga lakukan pembayaran tehadap hutang ini semua jika ingin isu ini diselesaikan. Saya kemudian mengarahkan mereka untuk menghantar ke email saya semua maklumat terperinci berkaitan hutang - hutang tersebut untuk tujuan rujukan saya sebelum saya membuat sebarang keputusan. Mohon nasihat pihak tuan berkenaan

1. Perlukah saya membayar hutang-hutang CC dan kereta ini semua  memandangkan ianya telah pun melebihi 6 tahun dari tahun terakhir saya lakukan pembayaran  berpandukan akta had masa 1953 ???
2. Bagaimanakah saya ingin memberhentikan terus debt collector sekarang daripada mengganggu saya atau mana-mana debt collector yang mungkin akan dilantik dimasa depan jika akaun hutang saya ini diambil alih oleh debt collector yang lain jika option saya adalah untuk tidak membayar hutang ini ???
3. Adakah tindakan saya untuk memaklumkan debt collector supaya tidak lagi mengganggu saya ditempat kerja dan mengarahkan maklumat hutang saya yang mereka ada untuk dihantar ke email saya bagi tujuan rujukan saya adalah satu tindakan yang betul dan sah? atau saya perlu ke pejabat mereka untuk mengambil notis bertulis berkenaan maklumat hutang tersebut???
4. Sekiranya saya tidak perlu bayar hutang tersebut dan tuntutan telah dibuat keatas saya dan  saya perlu hadir ke mahkamah, bagaimanakah ingin saya mebuktikan di mahkamah bahawa hutang - hutang saya ini semua saya tidak perlu dibayar berpandukan akta had masa 1953 tersebut.???

Terima kasih tuan untuk sebarang pencerahan yang diberikan
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answered on Dec 13, 2021 at 17:57
by  
Hi jeff005,

how are you? did you remember me...hahaha? last 2mth we got discuss for topic "Tempoh masa utk bankrup" like i update in that discussion, i already re-join back AKPK DMP for my BKR personal loan with 1st payment last month. 

today around 4:10pm i receive call from CIMB AIQON at 0325667693 mention about my hire purchase on 2004 (but i already return back the car on 2009 and lelong on 2010 if not mistake) like usual that i read here and other forum this AIQON staff is really un-professional and keep want to argue with me not like DCA bank rakyat that more polite and sopan santun (now i really miss them  )

i think my case same like remymikael but only for hire purchase, last i check with CIMB my balance need to pay around 15K++ after lelong but during that time they keep changing PIC and mention my file is transfer to other department. if not mistake almost 6mth i try to find the correct PIC that handle my case and them all in SILENT mode until today. before this no letter been send to me or guarantor OR call to both of us. in my case, how i want to get the details? it's from AIQON or CIMB?
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answered on Jan 27, 2022 at 00:58
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There is update under this thread

https://www.lawyerment.com/answers/questions/14055/aiqon-contacted-me-for-my-12-yo-credit-card-debts-i-want-to-pay-off-debts-but?g=3#a53621
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answered on Feb 20, 2022 at 12:44
by  
Dear All & Mr Jeff,

My family faced the same problem too, receiving calls & SMS from Aiqox. I had read a few days on this thread and tried to understand it, but I'm not too sure whether my understanding is correct. So I wish to verify my cases here and get advice, and then only can put down the stone from my heart.

The story is a bit long, I try to keep it short.

Because too many years ago, limited info from my dad's memory now. Some of the year and date, he couldn't remember clearly, but I'm sure this happened at least 10-11 years ago. 

My uncle (my dad's younger brother) used my dad's name to bought a car. (The car used by my uncle, not my dad) 
The Car was "Lelong" in 2005 and he has attended court, judging the need to repay RM100 monthly onto the Axbank Hire Purchase Account. In between, he got missed a few times to pay. 
Last payment for RM100 was in year 2019 (He couldn't remember which month)

In January 2022 (He was not sure which date), he went to Axbank branch counter to paying for this  monthly RM100, but the bank officer told him that above Hire Purchase account was closed, can't make any payment to this account number anymore, and gave him Aiqox contact number and asked him to contact them directly. My dad tried to call the number as provided by the bank, but couldn't get through.

5/1/2022 - My dad received an SMS from Aiqox, but he ignored it.

28/1/2022 - My dad received SMS again from Aiqox, he also ignored it.


Until 3/2/2022 during CNY period, then only told us that he received an SMS from Aiqox and was worried about it.

4/2/2022 - My husband helped to contact Aiqox (using my dad’s phone) and ask the details about these cases. She (Aiqox) started threatening us, saying that if we keep ignoring this debt, they will directly go to my dad's workplace and house to find him. 
She said current debt was <RM35K, later on will become RM70K, RM100K or above due to interest charges if we are still ignoring.
After hearing this, we are worried and in no mood during CNY, because we worry & scared they will do something like "Ax Lxxx" things. 
She said they can give us a discount, but must pay RM500 as commitment by 2pm on that day first, then only can help to get the "rayuan" from her boss.
After transferring the RM500 to their account, she started to blaa blaa blaa a lot of conversations via whatsapp and phone . 
At the end, we just requested them to provide us with the official letter first, and told them we will try to borrow money from a friend/relative to pay it.
She had sent us a letter of "Rujukan".

9/2/2022 - We whatapps her to ask about the official offer letter, but she didn't reply. (Use my dad's phone no.)

10/2/2022 - She whatsapp us, started to talk a lot of "roti plata" things and asked us "sekejap call this one sekejap call that one", then blaa blaa blaa(Long conversation)....(My dad's phone no.)

14/2/2022 - She whatsapp us, but we no reply her (sent to my dad's phone no.)

15/2/2022 - I suddenly found this forum in the morning. I read half way, the call from them already coming. She said the "official offer letter" was sent to us, asking us to make payment quickly. I had stopped answering their calls when I saw in a forum don't answer any calls from DCs. After that we are using whatsapp to communicate instead of call. 
So, I just replied to them that my relative couldn't borrow the money already, because the letter did not indicate full details of information there. 
They sent voice messages like "marah" and sent us another letter. (My husband & dad phone no.)

The letter content: "Full settlement of <RM35K within next 7 days from date of issuance of the letter(16/2/2022). Failure to make the payment will result in further legal action taken sternly against you."
  
We went to the bank on that day too, and get the same answer from the bank, just asking us to contact Aiqox, that's all, no other information get by the bank. 

Before 15/2/2022, we talked too much over the phone & whatsapp, but we didn't sign any contract/agreement or any paper with them. 

Because of this problem, I couldn't eat and sleep well for many days, I was admitted to the hospital due to gastritis. (T.T)
So I wish to get advice here for my cases. 
Thank you very much.
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answered on Feb 20, 2022 at 14:28
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edited Feb 20, 2022 at 14:40
by   jeff005
@ Tan610

Send ur contact no to my email acct < bladirunner@gmail.com > because I need so many personal details and info and I do not have the time nowadays as i,m busy setting a online shoppee trading acct with a friend (male) and i need products and prices (incl handmade embroidery products). If you can help me, so much better.

Serious notes:
I do not entertain direct emails unless the case is asked in this forum and actual docs is needed, otherwise i have to charge for personal private queries. This case is I ask the debtor to contact direct, so no charges.

Offhand, the "JDS" is possible if there is a case in court (in 2005?) but have exceeded the limitation act of 6 years for WSS, JDS, Garnishment and if the debtor is still working now. A Judgement Debt is valid for 12 years for any court action BY THE BANK ONLY and after 6 years on Judgment Debt, have to get leave from the court permission) before any action or writ perlaksanaan can be carried out by the bank only.

It appears that Ambank has sold the debt via vesting order to aiqon.

Issues can start when the debtor contact Ambank or the buyer of the bad debt and made admission to the debt or ask for "discounts" currently.

Only very detailed info can eliminate this possibility.
The above msgs is about JDS and Garnishment.

PEASE STOP CONTACTING THE BANK OR THE BAD DEBT PURCHASER.. !!
CUT AND BLOCK OFF ALL THEIR NUMBERS.. !!

After that we are using whatsapp to communicate instead of call. 
The debtor is still in "contact" rite?

we worry & scared they will do something like "Ax Lxxx" things. 
Well, they are legalized Ah Longs approved by BNM. What to do? But they cannot be rough on debtors and follow BNM R&R, so no worries.

After transferring the RM500
This is the admission of debt that i,m worried about, but still can be contested in a court of law. Still many procedures have to be followed by BNM Guidelines. If the procedures is not properly follow.. let's go and settle in court.. put ur tiger cum cum.. no beegbeeg issues.. !!

Readers Please take note that the this debtor has attended the Judgment Debt in (2005??) court proceeding and a voluntary settlement has been documented in court unlike most of the cases here.

Another note is that any further actions on the  Judgment Debt expires after 12 years.. assuming from 2005.

Settle in court lar.. why call and intimidate and call ofis so much.
It is becuz of the RM500 paid that has made admission to the debt but any further  lawsuits based on JDebt is not longer possible. (that is, if you understand litigation laws).

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answered on Feb 20, 2022 at 14:56
by  
I was admitted to the hospital due to gastritis. (T.T)
If can prove in court, sue this debt collector for causing u stress due to harassment (but ur not the debtor).

But are you sure.. after any 3rd booster dose of mRNA vax, can cause gastritis too. One son and doter had this problem too.

This is my own test yesterday early morning.. My whole family tests every weekend for precautions.



I do sell online via my friend's shoppee and it is purchased from a Pharmacy and is  approved product. However it is in bulk form of 25sets per box costing RM300. If interested can contact me.
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answered on Feb 20, 2022 at 17:25
by  
edited Feb 20, 2022 at 17:25
by   Tan610
Mr Jeff,

Thank you for your reply.
I had sent my contact no to your email. 

 i need products and prices (incl handmade embroidery products). 
--> what kind of product?

But are you sure.. after any 3rd booster dose of mRNA vax, can cause gastritis too.
--> My 3rd booster dose is after I was admitted the hospital
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answered on Feb 20, 2022 at 18:32
by  
edited Feb 20, 2022 at 20:55
by   jeff005
Just perform the homwok i have suggested, then can sleep peacefully at night.

Footnote :

You paid the BCs RM 500, using your personal acct. You admitted to the debt but is not your debt, your father did not admit.. so it does not constitute admission by the debtor as per L.A. 2018 or simply Limitation Act of Malaysia (in my personal interpretation).

There must be proper "Offer letter" from the new creditor, meaning letterhead via registered post etc etc and the debtor MUST sign on it.

I oso can send you an offer of marriage, if you do not sign on the paper, then there can be no marriage.. rite?
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answered on Feb 20, 2022 at 20:47
by  
edited Feb 20, 2022 at 21:21
by   jeff005
Tan610

i,m surprised that in this century to hear of misguided filial piety arising from the kopitiam friends (ignorant legal advisers) of your father that the debts of a father will be and can be passed down to their children.

If the debt arises from sending the children to /for higher education, than it is rightful for the children to help settle as much as possible the "old" debt within disposable means.. not otherwise.. !! 

You have done your filial part by advising him of his actual situation and how to deal with it as a family, just advise him not to mix with those friends so frequently.. it is misplaced /misguided information esp it is your uncle's debt in the first place.

As an old fashion Chinese myself, I am very annoyed with some Chinese Tabloids / Newspapers / Media which is dispensing wrong interpretations of Bankruptcy Laws which is actually idoitic and harmful to debtors. YES.. i was a victim too, i just kicked them out of any social gathering.. !! Some even said if I owe bank debts, i "can" be arrested at airport immigration. For 12 years I dare not have a passport.. !! For 14 years i had lived in complete naivety till i came to this forum.

YES.. to this day, i have kedai mamak borak2 friends that insist if chased by aiQon surely cannot run away. I just ignore and not talk about it as it is not their personal case (with no docs) and it is not my business to meddle or correct into other people's ignorance.

Now is to explain properly to ur father the actual laws in place...

Read the new article i started because of ur case  :  

https://www.lawyerment.com/answers/questions/14141/what-is-this-chinese-filial-piety-what-is-misguided-filial-piety

Cheers..

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answered on Feb 20, 2022 at 23:49
by  
edited Feb 21, 2022 at 00:12
by   Tan610
 @ Mr Jeff

Just perform the homwok i have suggested, then can sleep peacefully at night.
--> Noted and will proceed accordingly. 
Yup, my family can sleep peacefully at every night start from today.

i,m surprised that in this century to hear of misguided filial piety arising from the kopitiam friends (ignorant legal advisers) of your father that the debts of a father will be and can be passed down to their children. 
—> that’s why he worries. Because he is worried that the debt may affect to children. Anyway, I will explain properly to my dad as per your sharing to me.

I am so grateful for your passion and dedication.

Thank you for taking the time to explanation and sharing the knowledge to me.
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answered on Feb 21, 2022 at 15:51
by  
edited Feb 21, 2022 at 17:57
by   jeff005
@ Tan610

I have received 6 main PDF and multiple docs from you.

I would reply now to the critical one which is in your (father) favor.



1.  This msg has indicated that the debt would have to be settle in a court of law.

2.  Line of communication have been established (via email) by the giving of a email address for the purpose of future correspondences esp Court Saman as have been earlier stated in wasap msg from the BCs of aiQon.

3. This BCs is appointed by aiQon to chase for the debt. But the offer letter is direct from aiQon but has expired, meaning it is a useless doc. By right official offer letter has to be hardcopy for you to sign.

4.  The above reply msg clearly indicates it is not written by your father. So, the any admission of the debt and discounted figure of RM xxxxxxxxx does not arise.

5.  The payment of RM 500 is a payment made for the purpose of securing "an appeal" and for the purpose of showing "Proof of Debt" purchased by aiQon. However, there is no statement of acct send to you. And being transferred /remitted  from another acct (not the debtor's acct) does not constitute admission by the debtor as well as absence any signed written doc. (this is my personal opinion).

From my personal experience with WhatsApp msgs is not readily accepted in court as with advanced apps, it can be edited, faked or doctored. I had  personal High Court case being a respondent.

If this BCs still send you msgs.. read what was written by @remymikael.

Reply with :

Lines of communications has to be established with the new creditor :

1. Give contact number only. Written Msgs only.. No voice calls or voice msgs.

2. Give email address for the purpose of receiving court summons (if any) from the debt purchaser.

3.  State clearly :

a)  I, xxxxxxxxx, deny owing this debt

b)  I, xxxxxxxxx, will settle this case (if any) in a court of law.

Do not write more than needed. No need to give reasons at all. Want to talk, talk in front of the court judge.. !! Period..

If the info you have posted earlier that this debt issue start in 2005, it has already passed 12 years of any further legal recourse in 2017 even if there exists a Judgment Debt accorded.

Refer to this thread for the validity period of Judgment Debt :

https://www.lawyerment.com/answers/questions/13945/what-is-a-judgement-debt-the-applications-and-implications-what-is-the-effects



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