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Writ penyitaan dan penjualan

2579 Views  ⚫  Asked 10 Months Ago
asked on Nov 19, 2021 at 16:50
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Hi to all,

Hari ini 3 org lelaki datang ke rumah saya dengan dokumen sitaan. 

1. Bailif = pakai blazer written mahkamah. Showing his id card and dokumen sita
2. Lawyer
3. Security 

I let them in and bailif list out item to sita on paper. The 2 guy diam sahaja. I told them this is rental house. Some of item he listed is belong to house owner. But they just ignore and continue writing.

Once finish writing and signing, they give 1 copy to me and the bailif and lawyer advice me to call bank to discuss on how to settle it.

I call alrajhi bank and spoke with person incharge. Ask her if any chance i can refinance back. But the officer juat say, "u have to pay 8k++, or else we will continue with lelong" 

I told the officer that we dont have that much money, and hoping to get more reasonable amount. But the officer just ignore. I told the officer that this sita item is belong to my house owner. And officer say i have to inform house owner that his item akan kena lelong because of my debt.

Pls advise me, 
should i inform my house owner to collect all his item? 
Is it really they can lelong my house owner item?
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answered on Nov 30, 2021 at 19:54
by  
edited Nov 30, 2021 at 21:03
by   jeff005
Since this fight will be extended after this morning hearing, I shall stopping commenting until after the case is over. The lawyer could be reading here too.

This is my last comment post here for the next 30 days :

3 permohonan akan di failkan selepas dapat dan menjawab hujahan dari Bank.

1. Permohonan dari Tuan Rumah (sudah dapat kesetujuaan) atas permintaan dari Bank Lawyer.

2. Permohonan dari Suami (resit sudah dapat) sebagai "claimant" atas barang2 rumah.

3. Permohonan debtor  sek (3) Debtors Act sebab tiada kerja selama 8 tahun.

Sekian lah.. terima kasih
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answered on Dec 17, 2021 at 18:26
by  
edited Dec 17, 2021 at 19:41
by   jeff005
@ Ms Zue

Your case facts

1. Permohonan dari pihak Pemuitang untuk WSS atas Penghutang.

2. The Writ was addressed to the Bailiff (not to the Penghutang)

3. The bailiff will have to serve notifications to the Penghutang -
a) Notification of the existence of a Writ WSS
b) Notis of penyitaan (date and time)
c) Notis of lelong (date and time)

The above a,b,c is known as the "Perlaksanan". It must be carried out within 6 years of a J.Debt (Penghakiman Ingkar).

Your permohonan is about the perlaksanan which was carried out after 6 years. You did not contest the issuance of the writ WSS which was applied for within the 6 years. 

Here you are contesting the perlaksanan, not about the issuance of the writ WSS by the Bank. It appears that the bank lawyer is not aware of such ROC (quote the relevant section) and is tokong about the issuance of the Writ only.
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answered on Dec 17, 2021 at 18:45
by  
@ Ms Zue

My personal interpretation 

"Lien"
There are different types of lien (caveat).

When the bank lawyer contest your permohonan stating your the tenancy agreement has expired and not "renewed" and hence cacat your permohonan. I beg to differ, there are also verbal private verbal arrangement of extension based on an original stamped tenancy agreement.

A lien was stated in the tenancy agreement. A lien (unless stated) does not "expire" with the expiry of a tenancy agreement. It can only expire when there is proper documented termination of the tenancy by both parties (Tuan Rumah dan Tuan Penyewa).

What the lawyer is indicating is that when a tenant shifted 2 months upon expiry of the tenancy, the lien has thus "expired". The tenant can claim and then shift away all the furniture and equipment, now belongs rightfully to the tenant?

Quote the section regarding the lien as stated in the ROC 2012. (is there a ROC 2021 as stated by the bank lawyer?)

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answered on Dec 17, 2021 at 19:14
by  
edited Dec 17, 2021 at 19:38
by   jeff005


Logic vs No logic

How can a "tandatangan" is by a "mark/symbol"?

Why no date stated in upon receipt?

Did you receive such "pos" before?

Is it really your handwriting? All court documents, the postman have to make sure it is properly documented and signed. If it is me.. i would use a "swastika" symbol.

You may make denial that you have not signed such delivery before. Put it in you Afidavit Jawapan to the bank's hujahan.

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answered on Dec 17, 2021 at 19:31
by  
edited Dec 17, 2021 at 19:36
by   jeff005


Logic vs No Logic

This was just submitted by the bank filed in court.

Qs...

"Payment by CASH"

For 3 years with no any payments, this PL Loan acct would have been terminated and freezed within 3-6 months (guidelines by BNM as NPL) of initial default.

How in the world is this acct been activated? Only the bank can do it... right?

How the CASH payment been made, by CDM or payment thru the counter?

Why is that suddenly the debtor start to make 1 payment after 3 years of no activity and then stopped again?

If the payment is thru CDM, does this bank have special machines to accept RM 4 and 11 sen?

Funni.. isn't it not? Is this a ploy just to extent the 6 years limitation period?

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answered on Dec 20, 2021 at 22:37
by  
edited Dec 20, 2021 at 22:43
by   jeff005
@ Ms Zue

Update on this case :

1. Basically this is an application for Personal Term Loan of 5 years tenure (Islamic Banking).
Loan amount disbursed RM 9,000.00
Monthly repayment RM 213
Total repayment 5yr (60x213=12,780)
Interests charged for 5 years ( RM 12,780 - 9,000 ) = RM 3,780  (42% )

Wow, wow, never thought that Islamic banking interest rate can so high.

Amount paid by Debtor as per statement RM4,627

Penghakiman Ingkar as at Jun 2015 RMRM7,130

Latest statement Nov 2021 RM14K++
Total "Legal Fees" RM6.5K++

Wow.. wow.. wow
Legal fees allowed by the Penghakiman Inkar is RM 600
Bailiff Fees allowed by the court is RM 600

How did the legal fees comes to around 6.5K?

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answered on Dec 20, 2021 at 22:50
by  
Hi jeff005,

Maybe can i copy paste yr above reply and email to bnm. Save my headache.
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answered on Dec 20, 2021 at 23:40
by  
edited Dec 20, 2021 at 23:53
by   jeff005
It is free in this website.. anybody can copy but please dun say it is from me. Am showing example oni..

The worst thingy is that this loan package, 5 years interests have been paid IN ADVANCE the moment the loan have been disbursed.. !!

NOTA :

My above comment is based on actual docs filed in a court of law (Magistrate Court) by the creditor that I have seen and read. If there are further "unseen" docs, things/issues/events can be different..!!

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answered on Dec 28, 2021 at 16:08
by  
edited Dec 28, 2021 at 17:11
by   Ms Zue
Hi jeff005,

My hearing is tomorrow. Wish me luck...
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answered on Dec 28, 2021 at 17:47
by  
@ Ms Zue

Luck has been following you the moment you posted in this forum.
There should be no issues unless the bank lawyer conjure new issues and then suffer for it. My personal opinion is that the Honorable Judge will allow your Permohonan Mengetepikan Writ Perlaksanaan ini (with costs).

You have a legal point of law from LA2018 and ROC2012.

Just remember the following points.

1. This is a permohonan to tepi /cacat the perlaksanaan by the application of laws. You are not launching a lawsuit against the creditor bank.

2. You have given valid points in the affidavit/s filed.

3. A lien on the house owner assets has been placed within the valid stamped tenancy agreement. A lien cannot expire unless with proper termination by way of written termination of the tenancy agreement as specified within.

4. The bank lawyer has met his match from Zue of Zululand warriors, word for word, law by law, step by step... What you have learnt in laws, is more than the reserved price of 2,490.. much much more...
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