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Unethical debt collection agency acted like thugs and gangsters. How do I deal with it? What should I do?

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asked on Jan 12, 2011 at 21:00
by   SS70
edited on May 20, 2016 at 01:48
 
I own Maybank RM8,000.00, they also send the same collector [K***** name removed] to speak to me.

First is Daniel who acted as top management and asked me to pay RM4,800.00 immediately. I borrowed from my relatives and did so. Then Devan called and harassed me almost everyday and also said that they will take my car, take my house but I told them that I got nothing then they said very bad words.

When the 1st month of the week sure they will call. Hey, when you get your salary... when you want to pay... I also got so fed-up and I told them that if the keep on calling I will suicide and see what they get. They are ruthless not only to men but to women too! Terrible bank can end up with partners like this...
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answered on Sep 1, 2010 at 15:37
by   hutang lapok
edited Apr 11, 2017 at 06:33
 
These people call you even on public holiday or night pretending to be from the bank. As if its their grandfathers bank. Even after making regular calls committed at month end, the will start calling as early as the 20th.

My advise is that you install calls blocker on your phone ( mine is blackberry ) and block any number starting with 03787 ... its works. Finally, by not answering or responding to his SMS, the stress is back to them.
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answered on Sep 8, 2010 at 13:36
by   faqs
edited Apr 11, 2017 at 06:28
 
They will call at your office... that's the main problem. A few weeks before someone from a debt collection agency made lots of call to my office. Luckily I have read this forum before that and I asked them to send in letter of demand. I scolded them back. What a relieve, they never call me back after that!
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answered on Jan 14, 2011 at 13:47
by   romeo
edited May 20, 2016 at 02:09
 
Looks like everybody should avoid Maybank credit cards and personal loans.
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answered on Jan 14, 2011 at 22:50
by   SSSS
I face the same problem with this [K***** name removed] Partners. Just tell them that you are going to pay through AKPK, then they will stop to harass you at least for few months. And for your easy life - go and get help from AKPK.

Looks like all so called debt collector dont like AKPK because they cant make money when we are under AKPK program. Try your best.
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answered on Jan 28, 2011 at 19:28
by   Manama
edited May 20, 2016 at 02:22
 
I have a similar unpleasant experience with [K***** name removed] as well. They have been calling me non-stop for several months now and it's always, pay up this amount or else the bank will sue me.

Well, at first I was compliant as I thought they would sympathize that I was in between jobs and had no money to pay. So one day at the end of last year, a most unpleasant lady named Rachael told me that I must pay RM3,000 of my RM16,000 debt in order to facilitate a term payment. I still thought she was trying to help me but then it turned sour when I told her that there was no way for me to get that kind of cash in a week or so. She told me that if everyone said that then the bank will lose out and that everyone manages to get the money. She also told me to borrow from anyone I could because if I didn't then the bank will sue me. Ha! I do see a pattern here with everytime they can't get their money they resort to the threat of suing somebody! I also have incurred more debts trying to get said money. But of course they don't care.

Then things started to get more sour as the New Year passed. At this stage, Rachael told me that they have agreed on a RM830 monthly payment. In which I said, there was no way to do it but instead offered to pay RM500. She then said that was the final offer and if I can't make it, the bank will sue me. She also said that the 27th was the cut off date to pay. Then her boss John, who seemed nice at first, (will tell you more as my story progresses) called me up to ask what was wrong with the offer. I said I couldn't pay it. Not because I didn't want to, but because RM500 is all I can afford. Then he said that that was all they can offer because they can't bend the law according to me. He also said to think long and hard if not I will get sued.

Okay, so the dateline came and gone. Rachael called on the date itself and asked me what time I will be banking in said amount. I told her that I can't make it. She said that I had promised. If I know I don't have the funds, I definitely would not have promised! So she told me that I have until the night to pay or else... Anyway, do keep in mind that when they are talking to me, it is never in a nice tone of voice.

Backtracking for a bit, about a week ago, I walked into HSBC to ask if I could pay them directly as I feel like [K***** name removed] has been quite harsh. I spoke to a HSBC representative there and she advised me to write a letter stating how much I can pay and my reasons for wanting to do without [K***** name removed]. I have written that I felt that they were harsh especially with their words. She then said that they would forward my letter to [K***** name removed] and the relevant parties. I said okay, and I'm still waiting on them.

So, on the 27th, I was bombarded with calls and messages from [K***** name removed] to call them back. I finally wrote an SMS stating that I will only speak to them if I get to pay RM500 a month and if that is not possible, I would only want to speak directly to a HSBC representative or take on Agensi Kaunseling dan Pengurusan Kredit (AKPK)'s services.

Guess that didn't go too well, because their boss John called and asked me why I said that I was harassed by them. I said, you called constantly, and were not nice and you threatened to come to my house! He said well, we are following the law. Well, yes SIR you are but the law also does not allow you to raise your voice at me and tell me that I am not the one harassed but instead I am harassing your people. Can you believe the nerve! He said I was harassing his people! How so? He said because I said they have been harassing me. Unbelievable! What kind of people are working here? Delusional perhaps? He also said that they were being nice as to not sue me. I said go ahead. And he said, well, you wouldn't have the money anyway. He added that I should have thought about it before borrowing from the bank. I said well, I lost my job after I received the credit card. He said it's not the bank's problem. Have a nice day!

So here it is. Yes I do owe the bank. No, I do not want to skip payment. But [K***** name removed] is not accepting RM500 and they are the biggest prats there ever was. So Agensi Kaunseling dan Pengurusan Kredit (AKPK) it is. Even though [K***** name removed] said that I will have a difficult time with them. Maybe, I don't know. But at least I've met the people there and most of them are former Bank Negara Malaysia (BNM) staff and will not treat you badly.

Somebody must make this problem with [K***** name removed] or other agencies more apparent in the eyes of the public or government bodies. They must be more courteous and of course logical in their arguments with us. There is no need to add more insult to injury.
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answered on Mar 17, 2011 at 20:12
by   Anonymous
edited May 20, 2016 at 02:28
 
YES... [K***** name removed] threatened us as if we borrow from Ah Long! Can we report this to Bank Negara Malaysia (BNM)? That is not the way to treat us! They even threaten me to report to my company's human resources (HR)!

Will definitely avoid using Maybank facilities after this! Will spread the news to my friends as well...
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answered on Mar 18, 2011 at 14:07
by   faqs
edited May 20, 2016 at 02:29
 
Just tell them that you can sue them if they breach Banking and Financial Institutions Act (BAFIA)... and you will take a hell out of them!
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answered on Mar 19, 2011 at 08:09
by   IVYW
Actually if you can prove that the debt collection agency had harassed you incessantly and is in breach of BAFIA regulations, one of things that you can do is to sue both the bank and the debt collection agency.  Usually these cases you get compensated about RM4k to RM6K depending on the circumstances.  Irrespective of what the Terms and Conditions in your credit agreement says, agents or banks cannot harassed you or give out your details to unathorised third parties especially of it will cause damage to you.

And no, you don't have to use a lawyer to sue.....you can sue in person but you need to know complete the paperwork and gather evidence against these collectors.
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answered on Mar 19, 2011 at 13:14
by   faqs
edited May 20, 2016 at 02:30
 
@IVYW

What are the complete evidence and paperwork to do that? Could you enlighten us?
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answered on Mar 20, 2011 at 04:06
by   IVYW
edited May 20, 2016 at 02:34
 
Actually I got this advice from a lawyer I met while waiting for my case to be called in court. To be honest I have met a few helpful lawyers along the way while in court.

You will need to keep a diary of the time and date when the calls are made, the telephone no, the person who called you and what was being said to you. If you happen to have one of those phones that can record a telephone conversation, record the conversations between the collector and you, you must note down what was harassing and if they have make any threats at you. If they happen to call your home or work place note down anything that they may have said to a third party that may have compromised your privacy and if the collector gave out any details to the third party. Make a police report as soon as possible against both the bank and the collector's company.

You must make a written complaint to the bank and give them a time frame to reply.  The letter should be cc'ed to Bank Negara Malaysia (BNM) and you must put in the letter to add pressure on the banks to take actions against the collector.

If the bank failed to reply within the time frame you have given, give them a final letter of demand. This should build up your case. Follow this with a formal letter to Bank Negara Malaysia (BNM) and cc a copy to the bank.

All the records from the above will now serve as your evidence to sue both the bank and the debt collection agency.

Next step you should draft up your summons, similar to one that the bank sent you when  you default, and attached a supporting evidence with all the paperwork that you have collected attached as exhibits and file it at the court. 

Then the journey begins........

However, I have not done this yet so this is all theoretical at best.
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