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Need Advice Urgently .... Notis Kehadiran

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asked on Oct 28, 2010 at 04:41
by   gini2010
Dear Notalawyer and all good advisors !!!!

This is my 1st time writing in this forum thou I been following for few months now . Need your advice urgently as I am require at court on Nov 03rd 2010.

I was saman by Citibank for RM30,820.00 (inclusive lawyer fees & misc) for my both Master & Visa credit card .  I cant no longer service the repayment since I am now jobless . Previously I have faxed to Citibank for payment re-structure however have not received any reply from them .

I am rather confused to how to fill in the Notis Kehadiran ... If I have intended to settle the payment at RM10,000.00 as ex gratia payment , do u think the bank will accept, in view of your experiences ?  If I were to reply to this Notis Kehadiran with the above intention but rejected by bank  , how will this affect my case later?

Your advice is very much appreciated  ......Thank you
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answered on Oct 28, 2010 at 10:47
by   notalawyer
Dear Sandy,

There is no such thing as "ex gratia" payment when it comes to settling debts.
Furthermore, you will need to conserve your money more than ever now that you are jobless.

My advice is not to file the Notis Kehadiran yet because making an offer there it would be a acknowledgment of the debt and most likely the bank will not accept it unless it is at least 80% of the debt owed.
Just attend court on 3rd Nov and ask for time to "find a lawyer".

Have you bought the book from MPH yet?
How to Represent yourself in Court to Fight Banks
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answered on Oct 28, 2010 at 15:19
by   Sandy
Dear Notalawyer

Many thanks for your prompt adv  I have bought the book as mentioned . Infact have read thru several times ..
from this forum , i understand we have to look for 'holes' in order to defence ... but I am blur blur ..
dun know where to dig 'holes' ... i will attend court on Nov 03rd and will take your adv not to file NK first ..
Read in the book , we are supposed to file NK after 1st hearing .. is my understanding correct ??? Thanks again

p.s. guess I will need to 'kacau' you a bit from on now since I am totally 0 comes to this situation. God Bless
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answered on Oct 28, 2010 at 16:19
by   notalawyer
we are supposed to file NK after 1st hearing .. is my understanding correct ???
Preferably yes.

Don't worry, lots of people like 1818, vkpc and drew will help you.
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answered on Oct 28, 2010 at 21:59
by   1818
@Sandy,

Is your case at Kompleks Mahkamah Kuala Lumpur Jalan Duta? If yes, will you be taking public transport there?
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answered on Oct 28, 2010 at 23:06
by   Sandy
Dear Notalawyer ,

Yes ... good samaritans like yrself , 1818 , vkpc , drew n others are much appreciated .

Dear 1818 , I tot of driving there ... is there a problem ?? ..  I am a bit out of touch with public transport these days ...

Wish me luck !!!!!! Thanks

p.s. my sis who is working in cimb advise me to call Citibank n discuss with them for restructure payment .... which accrdly to her the bank will be willing to nego ...
what do you thinks guys ???
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answered on Oct 28, 2010 at 23:53
by   romeo
Ask your sister to call Citibank and negotiate on your behalf.
Maybe they are more lenient to fellow bankers.
Meanwhile you still have to assume there will be no deal and attend court as usual.
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answered on Oct 29, 2010 at 02:55
by   Sandy
Hi Romeo

Many thanks for your suggestion ... will hv a word with my sis and secure whatever assistance available ...
If no deal ...then no choice but to go court .... I am worried as if the bank is able to make me a bankrupt since the amount is over 30K
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answered on Oct 29, 2010 at 03:19
by   1818
> Your first summon is called the first mention, my guess is, the mention is at 2.00 p.m., am I right?

> When you reach the courthouse, take the lift to level 3, look for a kiosk there to key in your summon number, you will then see a screen with your case details, write down the name of the registrar and whatever details you think are important.

> Near the entrance of the registrars' office, you will see a window, when this window opens at 2.00 p.m., get a pink form from the window clerk, fill it up and join another Q to meet the registrar.

> Once you reach your registrar's desk, pass the pink form to the registrar's assistant and wait for her to call you.

> When it is your turn, they will ask you to sit down in front of your registrar together with Citibank's lawyer, make sure you have your I/C with you, they will need to see it at this time, if not earlier.

> Address the registrar as Tuan or Puan, when it is your turn to speak, say you need time to find a lawyer because you do not agree to the claim amount, in fact, you have already called up more than 12 law firms, all of them told you they are on Citibank's panel of lawyers or applying to be on it, so you hope Tuan/Puan would please grant you 3 months to find a lawyer. You should get at least a month to "look for a lawyer".

> My first summon letter from the bank's lawyer was dated 10 February 2010, first mention date was in April, till today, almost 10 months later, I am still not a bankrupt yet, many thanks to William Chan's book and the kind people in this forum, otherwise, quite likley, I would have made a bankrupt by now.

> You don't need to read this if you're driving there, if not, and if your case is at Kompleks Mahkamah Kuala Lumpur Jalan Duta, you have the option to take the RM2 (each way) van shuttle there from opposite OCBC HQ, right in front of Wisma Kraftangan, Jalan Tun Perak at the doorstep of Masjid Jamek LRT station. One more option is the public bus, #115, take from the same spot, only RM1 bus fare will take you all the way to the entrance of the courthouse, yes, you might even catch a glimpse of Anwar Ibrahim! Seriously, this #115 bus runs every one hour - if you are lucky, so the van shuttle is more reliable, unless it is before and after the Raya.
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answered on Oct 29, 2010 at 11:56
by   vkpc
If no deal ...then no choice but to go court ....
Don't  be mistaken, you have to go to court before any deal can be made, or they will bully you more.
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answered on Oct 29, 2010 at 14:54
by   Sandy
Dear 1818 & vkpc ,

1818 - thank you so much for your detail advice ,,,, which I really can put to use .. n oso thanks for your sharing ,,at least I can go to court with more confidence ... n most importantly I can sleep at night ....... Yes , the mention is at 2pm ...

vkpc - oso thank you sp much for your comment .. which I hv noted .... "bully from bank' is wat I am not looking for right now ... huh ..
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