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Received SMS text message threatening WSS over hire purchase debt

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asked on Jun 11, 2011 at 02:41
by   mimi
edited on Apr 13, 2016 at 08:14
 
My mom received one message like this:

Peguam Tuan/Puan: Kami telah batalkan fail anda dan anda di saman di mahkamah, fail anda sedang menunggu judgement semua acc bank dan WSS rumah anda dan waran tangkap, perintah & waran untuk penyitaan, BAILIF, PEGUAM, PENGAWAL KESELAMATAN. 
PEGUAM: SAMAN no AMB 72-24772-11  
WSS sita rumah anda pada 19-6-11 dan waran tangkap ke tempat kerja anda pada 17-6-11.  Sila buat bayaran seperti yang ditetapkan hubungi EN HAIKAL 014728843X (16-6-11) dengan segera untuk mengelakan daripada sebarang tindakan. MICHAEL TXX & CO.  "BERKHIDMAT UNTUK NEGARA"

My mom's debt is about RM6650 in total. This is the outstanding balance of her car loan after her car was being auctioned or 'lelong' in 2005.

My questions are:

1) Can they seize or 'sita' my house just because of RM6650? 
2) They keep calling me at my office asking for me to settle up my mom's debt, even talk to my manager about this matter. Can I sue them because they embarrassed me (literal translation "drop my water face")?
3) How should I react if they come to my house and want to seize or 'sita' my property?
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8 Answers

answered on Jun 11, 2011 at 03:11
by   mimi
Somebody expert about this please help me.. thank you.
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answered on Jun 11, 2011 at 04:09
by   1818
edited Apr 13, 2016 at 08:16
 
@mimi,

1) Can they seize or 'sita' my house just because of RM6650?

If I were you, I would make a police ASAP report and call the police should they really show up. Do not open the gate/door for them till the police arrive.

They keep calling me at my office asking for me to settle up my mom's debt, even talk to my manager about this matter. Can I sue them because they embarrassed me?

It would be interesting to sue them - if you can afford a good lawyer.

How should I react if they come to my house and want to seize or 'sita' my property?

See reply (1) above.
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answered on Jun 11, 2011 at 04:10
by   1818
CORRECTION

If I were you, I would make a police REPORT ASAP and call the police should they really show up. Do not open the gate/door for them till the police arrive.
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answered on Jun 11, 2011 at 08:51
by   notalawyer
edited Apr 13, 2016 at 08:19
 
1) Can they seize or 'sita' my house just because of RM6650?
By law they can, but in reality they never do. They just try to scare you and your mom.

2) They keep calling me at my office asking for me to settle up my mom's debt, even talk to my manager about this matter. Can I sue them because they embarrassed me?
Do you know who to sue? Do you have his/her IC number and address?

3) How should I react if they come to my house and want to seize or 'sita' my property?
Stop worrying about things that will never happen.
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answered on Jun 12, 2011 at 01:47
by   mimi
edited Apr 13, 2016 at 08:20
 
Alright! Thank you for all the info and comments. I have told my mom and sister to stop worry about this. If they ever call me again at my office, I would ask for his name and IC (just to scare them). Thanks a lot.
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answered on Jun 13, 2011 at 05:55
by   Expert
Hi mimi,

The message your mom received is full of nonsense.
You can just ignore it. They are trying to scare you.

The process of the law is step by step in black and white.
Not like the unprofessional message your mom received. The
message is full of "rojak" - waran tangkap, waran sita together
are absolute nonsense!!! Just ignore them!!! And do not worry!

Their motive is to scare innocent victim to pay up! That's all.
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answered on Jun 13, 2011 at 18:20
by   ihelpu
edited Apr 13, 2016 at 08:24
 
Hi mimi,

Read this which was posted by IVYW:


To be honest I have no actual data as to how many Writ of Seizure an​d Sale (WSS) banks execute but I do know that there are certain banks who will do it.

WSS is certainly a form of legal action that is available to banks to recover as much as possible but there are many limitations as to what they can take. They will also need to have obtained judgment first before WSS. Therefore, providing that you are receiving your normal mail properly, it is unlikely that banks can just turn up and served WSS without some form of prior warning.

WSS is also imminently difficult in certain cases as the debtor maybe living with the parents and the house belongs to the parents. This kind of information is usually in the banks' records because they asked such questions on most credit applications. Therefore, a bank may not choose WSS if it is totally hopeless for them. If they apply for WSS and served it on your parents property, they will end up with a major lawsuit. Proving ownership of the home is really easy through the quit rent receipts and it is very hard for them to prove what items in the house actually belongs to who.

But the difficulty for a debtor is when he/she owns the property or had a lease/rental under his/her name. More difficult to convince that the items in the house do not belong to you unless the rental is fully furnished!

Unless you own a big house with expensive stuff not essential to your daily living, WSS is not something you really need to worry about!
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answered on Apr 7, 2016 at 17:50
by   aku pun sama
edited Apr 13, 2016 at 08:41
 
Semalam 6.4.2016 dalam pukul 3.30 petang, tiba-tiba dapat call dari panel debt collector BSN suruh call Syed Muzaffar (tak pasti betul ka nama orang itu) dari pihak bank yang tunggu WSS dari mahkamah kata nak buat lelong barang rumah kecuali pakaian dan makanan. Sejuk terus badan bila di bagi inform lelong. Macam percaya, macam tak percaya. Bila saya kata saya nak rujuk no ke mahkamah, tak dapat bagi. Katanya tunggu sahaja lah!

Hutang ada RM4,434.45. Bukan tak mau bayar, betul-betul tak mampu. Lebih-lebih lagi hubby bukan keja tetap. Dulu bulan 10, 2015 bila nak settle hutang-hutang ini dengan AKPK, terhenti sebab BSN tak mahu bagi penyata bank.

Pendek cerita, pukul 4.30 petang aku pergi AKPK di Bank Negara (BNM), tanya dia orang boleh atau tidak debt collector buat begitu. Jawapannya: TIDAK!  

Lepas itu staff AKPK kata, tak payah susah-susah lagi nak minta penyata, sebab semuanya boleh buat di web online AKPK isi sahaja maklumat / nilai hutang yang kena minta tu.

Kelebihannya kita bayar murah tanpa faedah/bunga-bunga hutang tu, tetapi kena bayar ikut jadual, if not nanti terpaksa buat penjadualan semula atau terpaksa berurusan semula dengan bank dan bunga-bunga bank itu.

Loan yang AKPK boleh tolong kita, kad kredit & MBSB.
Selain itu, AKPK boleh tolong bajetkan perbelanjaan kita... etc.

Harap dapat membantu kawan-kawan seperti saya.
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