Sued for CC less than RM4k and seek help to fight bank in court

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asked on Nov 24, 2010 at 02:49
by   BRM Chang
Greeting to all bloggers and friends,

(01) Last 3 weeks ago I have been served with a writ of summon by a bank to appear in court in Magistrate Court pertaining their claims against my outstanding payment of credit card of RM3200.00. Based on the said summon, the bank claims that I have breach the terms and conditions of Line of Credit of the said credit card. For record, sometime in 2003, I have enrolled a credit card application through salesman at a mega mall. My entire particular keyed in by the said salesman and my part is only signing the said application form (of course now I realized how importance to read the agreement before signing it). At that particular of time, the said bank is still in old form not yet merged as nowadays. I never missed any payment to the bank until sometime 2 years ago till now where, still, I didn’t missed the monthly payment just that always pay only minimum payment and sometime less than minimum payment, but hey, at least I did not missed any single payment.

(02) I thought that by keep on paying minimum payment and less will avoid court action but my judgment seems to be swayed out. I have tried to negotiate with the bank sometime 3 or 4 months ago before I received the said summon to restructure the outstanding by applying the banks’ consideration for termed loan. However, the said application only sleeps on their file without any action even not interim reply.

(03) Immediately upon receiving the said summon, I did make a phone call to the said bank asking for negotiation to withdraw the summon and again restructure my outstanding. The bank demand me to pay minimum of RM700.00 to pay within 2 weeks in order for the bank to withdraw the case and the most part that I can’t forget till today when the bank officer at the end of our conversation told me … “next time don’t apply credit card if you cannot afford to pay!!”… (and it become my biggest and hard lesson to be learnt).

(04) After that I keep on looking and searching in books, magazine and surfing internet to find out how to tackle this kind of scenario and thank God, I reached to this fantastic website. Reading all posts and advised, I did bought the “How to represent yourself in court to fight banks” wrote by William Chan. Credit to William Chan on his great job to come up the book. The book becomes my manual.

(05) After gone through the book, I have decided to stand before judge next triple weeks to apply for the extension in order to buy time to figure out how the best way to handle the case. However, I am in dilemma. The book did not teach me :
( a ) How to ask for documents such as old copies of agreement, complete statement of accounts, etc
( b ) How to prepare cross examination. Any checklist?
( c ) What are the holes for fishing, etc….

(06) Now I am quite blur on what are steps that I should do or take. Is there anybody could advise me on this please?


- BRM Chang -
Kuching, Sarawak.
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