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Limtation Act 1953 and the tricks banks might do

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asked on Feb 22, 2021 at 14:22
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edited on Apr 16, 2022 at 00:27
 
"Would making a payment to another party reset the clock of the 6 Years Limitation Act".

I read in this thread and other forums if we do pay anything even RM1 then it will reset the clock for the 6 years Limitation Act.

My question is lately most if not all the banks requires their customer to bank-in the funds over the ATM machines. No more bank-in over the counter.

Having said that, the question is how do we prove we have not bank in anything to reset the 6 years period? I mean the bank, the debt collectors can always bank in RM 10 to the so called credit card account and then claim that we are the one who bank in and therefore the limitation period have been reset. Can't they do that?
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9 Answers

answered on Feb 22, 2021 at 15:18
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edited Apr 16, 2022 at 02:53
 
1. The current banking policies will not allow it and is not possible.

2. Even at the counter, if the bank system have frozen the acct, it cannot be done. Bank Negara Malaysia (BNM) would be in the loop and documented in BNM Records.

3. There are always "super intelligent" people who would trick the bank or the bank's bill collectors that they would bank in thousands $$$$ and reopen their old account for deposits so as to stop the any current lawsuit. Instead they paid RM10 and for that matter RM50 (usually for hire purchase and credit cards) and not the agreed amount. This has been taught by such people in this forum before.

4. As in your own case, you have may to gotten the bank "withdraw" the current lawsuit by paying "not the complete" negotiated amount as in a "composition" by laws, you should ask "is my own Limitation Period" be adjusted?
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answered on Feb 22, 2021 at 21:20
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edited Apr 16, 2022 at 02:57
 
3. There are always "super intelligent" people who would trick the bank 

There are always 2 sides of a coin.
The lawyers would try to scare and intimidate the debtors and use "short-cuts" to get the judgement debt as fast as possible.
The debtors would find all sorts of ways to hide from the bank debts.

Some issues were created by "super intelligent" beings by posting all sorts of methods (they think can bypass or circumvent bankruptcy laws or some other legal issues).

People are creating their "own" version of laws. This confuses those people who are newly in lawsuits. Of course, people would only like to read things in their favor and discard the posts of others who differs. Natural but understandable... fight.. fight.. fight.. (against standard laws). Who will be the actual loser when inside the court?
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answered on Feb 22, 2021 at 22:29
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edited Apr 16, 2022 at 03:00
 
This is one of the best examples so far for last year:

Payment of RM 10 can defeat a Notis Kebankrapan

The very same group of people who teaches people to pay monthly amount of RM50 so as to avoid the bank taking lawsuit on credit cards defaults.

The points I am trying to make is that when one is in debts issues, download the relevant laws available online (it is free of charge) and study it carefully on what is/are related to your case. Be self reliant/ resourceful. Do not depend on online "hate" posts, fake posts, fakes challenge to the laws in place. "They" make mistakes, you are pay for it but they learn from it.

Never believe/trust everything you read in Public Media from fake profiles. Lawyers, Banks, Friends can tell stories and even new Government Officers can quote wrong interpretation of laws. Bill collectors and bad debt buyers (their staff ranks No.1 to me). Only by reading and understanding the laws that affect your own case, you may or not be able to make a good judgement decision on what is your own next course of action.
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answered on Feb 23, 2021 at 21:29
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edited Apr 16, 2022 at 03:00
 
Hi jeff005,

I refer to the statement taken from your posting:

Payment of RM 10 can defeat a Notis Kebankrapan

For the benefit of this forum's readers. what is the outcome of the case  which the judgement debtor was advised to make a payment of RM10 to invalidate the Bankruptcy Notice?
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answered on Feb 24, 2021 at 00:00
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edited Apr 16, 2022 at 03:16
 
@harapan besar

There is no update on that case.
I do not think that that person could ever bank in the RM10 since it was on NK of which the account was closed. If I remember well, he was a Senior Government servant on the verge of retirement and want to find ways to delay the lawsuit. It was an iron clad case with all filings was done in good order. A group dealt with the case on Wechat and the rest was not in the loop. But it was posted in public here that the group's theories of fight is in the right direction to show off the "powers of the Avengers" who can even send warning letters to a bank.

Sad.. sad.. sad.. that some innocent readers believed that group of bank fighters (on this issue). And many other issues.

The group may have told him that for bankruptcy, the pension money will be used to pay Proof of Debts creditors and/or the Pension Fund forfeited (it is so under Singapore Government Pension Fund) if the bankruptcy occurs while in active service. So the main purpose is to delay the lawsuit.

Whatever will be.. will be..

My bone of contention is that some people accessing this website have been taught wrong things to do without law facts and personal general knowledge. As far as I know, in Malaysia, any govt servant while in active service, there is no disciplinary action taken on them except they will be transferred to an inactive dept not dealing with the public like immigration where "greasing of hands" can be secured by the cash strapped bankrupted officer. This was told to me by a senior officer of the PSD 5 years ago. Whether their policies have been changed now, I do not know. That "friend" shared info with me because I taught him how to deal with "Ah Longs" and bank bill collectors (for his wife).
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answered on Feb 24, 2021 at 09:57
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edited Apr 16, 2022 at 03:18
 
Hi Jeff005,

1. If my info is correct, the judgement debtor has been made a bankrupt. 

2. Hence, after receiving the bankruptcy notice but before being served the creditor's petition, if the judgement debtor pay a small amount to the judgement creditor, the payment would not invalidate the bankruptcy notice.

3. My response to your statement "some people accessing this website have been taught wrong things to do without law facts and personal general knowledge" is:

People who comes here to seek advice, does not know whether the advice is "wrong thing' or not.

4. If I were to follow the advice of the so called  "Guru", that is to invalidate the bankruptcy notice by making a small amount of payment to the creditor bank, today I would have been a bankrupt.
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answered on Mar 5, 2021 at 11:58
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edited Apr 16, 2022 at 03:19
 
@Vince sum,

Do update your case here from time to time so to help readers understand more and know what they are facing.
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answered on Mar 7, 2021 at 08:02
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edited Apr 16, 2022 at 03:21
 
"Would making a payment to another party reset the clock of the 6 Years Limitation Act"

My personal view on the above statement is YES if the 3rd Party (usually bill collectors appointed by the creditor with expressed permission).

There are two modes of payment:

1.  Cash
2.  Cash Deposit Machine (CDM) payment into another account other than that of the creditor.

Read the Joint Notification Letter from the AmBank and AIQON and subsequent Notification Letters from AIQON will show the issues. However it is highly contestable in court if it proven that this payment or payments is secured by dubious misrepresentation of the ownership of the debt.
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answered on Mar 8, 2021 at 15:55
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edited Apr 16, 2022 at 03:20
 
@Oldalantam

Thank God - until today no suit /affidavit no calls from debt collector.

So I guess that might be good news. Though it might not be the case...
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