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Credit Card Debt owing to Ex-MBf (Now Ambank)

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asked on Apr 21, 2011 at 15:05
by   bert1969
Hi Guys, good day to all of you experts.

This morning I received a registered mail from a legal firm which contain "Notis Permohonan" whereby I have to attend on this coming 9th May, 2011 at the Mahkamah Majistret Segamat.

When read through the contents it says as follow:-

Ambil Perhatian bahawa Plaintiff ingin memohon kepada Mahkamah Majistret Segamat pada 09 May 2011 melalui Permohonan oleh Plaintiff untuk perintah-perintah berikut:-

1. Bahawa Plaintiff diberi kebenaran untuk membuat permohonan ini diluar jangkamasa.

2. Bahawa Plaintiff diberi kebenaran untuk melaksanakan Penghakiman bertarikh 11 Ogos 2000 terhadap defendan diluar jangkamasa yang dibenarkan.

3. Bahawa Kos bagi Permohonan ini adalah kos dalan kausa.

4. Lain-lain relif yang dibenarkan oleh mahkamah yang mulia ini.

To summarize it, it also mentioned that the delay to execute the Judgement was also due to the merger between MBf and Ambank. They need to gather all the documents and delays was due the merger.

The also mentioned:-

"Pihak Plaintiff ingin memohon kepada Mahkamah yg mulia ini suatu kebenaran untuk melaksanakan penghakiman tersebut kerana telah tamat tempoh 6 tahun. Penghakiman Ingkar tersebut telah tamat tempoh enam tahun pada 10 Ogos 2006 lalu.

For info, the Judgement amount was RM8,397.19 and written there to add 19% interest annually starting from 13 May 2000 until the date of full settlement.

Finally the amount from butir butir tuntutan comes to RM17,903.38 (calculated until 10 Ogos 2006). In between, it says that I did made some payment somewhere around 2002 BUT I'm not so sure because I couldn't remember.

So could someone please help me out by guiding me out from the problem here. I really need some good advice ASAP. Honestly, I totally not in the position at all to pay anything as I can't even service my housing loan which is coming forclosure real soon.

Must I or should I attend the summon or can I just ignore it?


Please help, guys.
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answered on Apr 21, 2011 at 15:42
by   notalawyer
Your chances of defeating this Application is quite high.
This is because the excuse they gave "merger of banks" is a bad excuse.
( are they saying it takes six years to merge, and during that time nobody does any work? )
You must attend the court on that date and object to this application to defeat it.
You don't need a lawyer.  Prepare your opposing speech on paper.
If you don't attend, they can bypass the 6 year limitation and do more things to you.

If there another Supporting Affidavit (Afidavit Sokongan) that came with the Application?
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answered on Apr 21, 2011 at 16:23
by   bert1969
Thanks a lot Notalawyer for yr prompt reply.

The application consist of 2 affidavits (2 exhibits):

Exhibit A is my "Penghakiman Ikrar" dated 11 Ogos 2000;
Exhibit B is "Saman Pemula No.D8-24-111-2002 which is Perintah atas permohonan Arab-Malaysia Finance Berhad dan Amfinance Berhad pertaining to transfers of all assets (Mergers).

Besides in the affidavit mentioned in one of the items:-

Untuk makluman pihak mahkamah, kelewatan perlaksanaan ini adalah disebabkan pihak defendan pada awalnya cuba menyelesaikan tuntutan tersebut dengan membuat beberapa kali pembayaran selepas Penghakiman direkodkan ke atas beliau. Walau bagaimanapun pembayaran tersebut hanya dilakukan setakat 31-10-2002. (Note:- last payment was made in 2002 which is already more than 6 yrs, isn't it?)

So, Notalawyer... i'm confused here bcos since it already more than 6 yrs based on the limitation act time frame even after I last paid them in 2002, can they still push for claims? Isn't it already lapsed?

Please advise. Thank you.
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answered on Apr 21, 2011 at 17:52
by   notalawyer
The 2 Exhibits are not Affidavits.
Check whether there is a supporting Affidavit.
If you can't find it, call up the law firm and ask whether there is a supporting affidavit for 9th May Application.
If there is, ask for a copy. ( fax, email or letter )  This is important in your fight against this application.

i'm confused here bcos since it already more than 6 yrs based on the limitation act time frame even after I last paid them in 2002, can they still push for claims? Isn't it already lapsed?
It's already lapsed.  That's why they need to apply to the court for time extension.
To prevent the time extension being granted, you need to oppose it in court to show that the reasons they gave could not be accepted by the court.

You could say that any payments made (if any) after the Perintah Ingkar was issued was made Without Prejudice and also was received Without Prejudice.
Even if the last payment made was With Prejudice, it also more than 6 years since then.

Prepare your opposing speech and post it here for us to check.
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answered on Apr 21, 2011 at 18:10
by   bert1969
Frankly, I really have no idea what is "Opposing Speech" that u mentioned, and what should it look or sounds like. Would you be kind enough to help me out here, please.

Really really appreciate if you could help me here. Many thanks, Notalawyer.
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answered on Apr 21, 2011 at 18:14
by   Surprise
Meaning if they (the Bank) decided to opt for this (applying for extension), all other Banks can also do so after the period of 6 yrs as per Limitation Act, isn't it?
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answered on Apr 21, 2011 at 19:32
by   notalawyer
Meaning if they (the Bank) decided to opt for this (applying for extension), all other Banks can also do so after the period of 6 yrs as per Limitation Act, isn't it?
Anybody can apply for anything, but the question is whether the request will be granted or not.
It depends on the excuse you give.

The Opposing Speech is what you plan to say to the judge so that he/she will not grant the time extension.
I propose doing the speech Malay to catch the bank lawyer off balance.

Get this book,

How to Represent yourself in Court to Fight Banks - by William Chan

http://www.mphonline.com/books/nsearch.aspx?do=detail&pcode=9789673204472

from MPH, Popular or Borders, only RM15

Read the chapter Surprise Attacks (Serang Hendap) carefully.

Post your speech here early, don't wait until last minute.
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answered on Apr 21, 2011 at 21:00
by   bert1969
Thank you very much Notalawyer.

I will get it done ASAP and get back here again to seek your precious opinion and advice again.
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answered on Apr 21, 2011 at 23:43
by   bert1969
Greetings Notalawyer.

Just an assumption, May I know what is the worst possible scenario would happen to me eventually should I choose NOT to attend the summons this coming May 05, 2011 or perhaps even the court decides to grant the Plantiff (The Bank) its application. Let's say the Bank is granted the application and is allowed to claim the monies I owed to the Bank, can the Bank continue to pursue additional interest which eventually add up to more than RM30K and hence I can be made a bankrupt. Well, this is just an assumption for me to be prepare for the worst situation.

(I think they can't add up any further interest, isn't it? just the last amount after 6 yrs as per law provision).
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answered on Apr 22, 2011 at 01:37
by   notalawyer
Let's say the Bank is granted the application and is allowed to claim the monies I owed to the Bank, can the Bank continue to pursue additional interest which eventually add up to more than RM30K and hence I can be made a bankrupt?
If application is granted, the judge will probably also allow interest accumulation for more than 6 years.
Then they can make you a bankrupt.

You have a high chance of successfully objecting the application and get them to pay you costs for your time, if you prepare for the case properly.
You would be stupid if you do not attend, because then the arguments will be one-sided.
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answered on Apr 22, 2011 at 02:22
by   bert1969
Once again, Thanks for your prompt reply. I will certainly attend this hearing and hopefully settle this matter once and for all in my favour.
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