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How to self-represent in Court and fight my credit card debt case

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asked on Sep 5, 2014 at 18:11
by   Aurora
edited on Dec 19, 2016 at 05:31
 
I will appear for a case management next Monday for my credit card debt now amounting above RM30,000 by a commercial bank.

For information, I was the employee to the said commercial bank until I left in June 2004. At that point of time, I had my BBA and credit card debts under their book. My ex-employer managed to liaise with me at my current employer's office and I managed to restructure my BBA with my ex-employer and have been promptly serviced my monthly installment.

However, I did not get in contact with my ex-employer with regards to my credit card, which I had stopped using since 2003 and due my ignorant, I didn't keep track of how much was outstanding under the said card (my limit was RM5,000 if am not mistaken). No correspondence was received from my ex-employer on the said debt until they sent in a debt collector to call me at my current workplace back in 2008. I told the collector that I wanted to deal directly with the bank and managed to speak to a lady bank officer. As I didn't have the information on the outstanding debt at my point of leaving in June 2004, I asked for my credit card statement as I was told my current outstanding at that point of time in 2008 was more than RM20,000. No statement was given and I asked the officer if the bank would consider converting my credit card debt into a term loan so I could settle off progressively within my limit of financial capacity. However, she called to inform that they didn't do that. No call or any letter was issued (to my knowledge) after that.

In late May 2014, I received a system-generated letter from the bank saying that they have appointed the same debt collector and on 3 July 2014, a despatch from the said collector's firm came to my officer handing me a notice from the collector's solicitor that they will take necessary recovery actions against me. I told the despatch that this is wrong and I refused to accept it. He then gave me a note scribbled with the name of the officer in the collector's office with his contact no. I was fuming mad. Later that day, while I was away from my desk at work, the said officer from the collector's office called my extension and it was tapped by my colleague. He started to rant and accused my colleague of lying when my colleague told him that she just tapped my line. My terrified colleague told me her ordeal and I wrote a complaint letter to the bank and carbon copied to Bank Negara Malaysia (BNM), the debt collector and all other relevant agencies, stating that I would only deal with the Bank, requested for bank statement on the card and informed them that I would not hesitate to lodge a police report if continued harassment being made by their debt collector. I also stated that I am willing to challenge them in court under Section 6(1) of the Limitation Act. The said letter was emailed and faxed to respective parties on the same day.

No calls or letters were made pursuant to that incident until I received, on 5 August 2014, a letter of recall/termination from the Bank’s lawyer dated 7 July 2014 stating that I need to settle within 7 days from the date of the said letter failing which they have the bank’s instruction to take legal proceedings against me. Subsequently, I received on 15 August 2014 a letter from the Bank dated 9 July 2014 responding to my complaint in July 2014. They informed me that the statement was sent promptly to my old office address (a branch of that bank). I was to inform them of any change in mailing address. They also informed me that they are looking seriously at the harassment allegation against their collector and asked me to provide the details of my colleague for their investigation. They mentioned that it is their right to appoint any agent to collect the sums due and that I may discuss with their collector on the settlement proposal whenever the collector contact of visit me.  They have also stated that I have breached Banking and Financial Institutions Act (BAFIA) due my suspended payments with them (my current employer is not governed by BAFIA by the way). Sadly, such delay has jeopardized my remedial chances as no proper and timely notification has been made by them both before they could take any legal actions against me. I responded their letter on 15 August 2014 and faxed to them on the same date.

On 22 August 2014, I received a letter from their lawyer dated 13 August 2014, extending their filed writ of summons and statement of claims dated 24 July 2014. I am required to attend a case management on 8 September 2014 failing which a Judgment in default would be issued. A few days later, someone from the collector’s called me up and I informed her of my intention to be in court on the stipulated date. As I want to self-represent, I have filed a Memo of Appearance with the said Court.

People feel that I should just go and settle the debt. I wanted too before this but how am I to settle if I cannot get another loan with this record and I have before proposed for progressive repayment. Now that I am that this juncture of no return, I would like to seek a sound opinion from Lawyerment on how to prepare for this case.

Thanking all in advance!
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answered on Sep 5, 2014 at 19:17
by   notalawyer
What is BBA?

Post the Writ and Statement of Claims here so we can better understand what the bank wants.
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answered on Sep 5, 2014 at 20:15
by   Aurora
edited Dec 19, 2016 at 05:34
 
BBA is Bai' Bithaman Ajil (Housing financing). I'll post the writ in a short while. Many thanks Notalawyer.
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answered on Sep 5, 2014 at 20:23
by   jeff005
edited Dec 19, 2016 at 05:40
 
Don't understand what that bank lawyers are doing, or they are advising wrong for the sake of lawyers fees.

1. I had stopped using since 2003

2. Filed writ of summons and statement of claims dated 24 July 2014

3. 8 September 2014 failing which a Judgment in default would be issued

Questions:

1. Does this means that there is no judgement debt in default awarded before, or this is a Judgment in default for bankruptcy?

2. The 6 years limitation act has exceeded long ago.

3. Or that bank has banked in some money into your account to bypass the limitation act? Some banks are worse than vultures.
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answered on Sep 5, 2014 at 21:32
by   Aurora
Writ saman

kepada ...defendan...

Kami perintahkan kamu bahawa dalam tempoh 14 hari selepas penyampaian writ ini ke atas kamu, termasuklah hari penyampaian itu, kamu hendaklah menyebabkan suaty kehadiran dimasukkan untuk diri kamu di dalam suatu kausa atas guaman ….plaintiff…, dan ambil perhatian, bahawa jika ingkar berbuat demikian, plaintiff boleh meneruskan untuk mendapat penghakiman dan pelaksanaan.
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answered on Sep 5, 2014 at 21:48
by   Aurora
Statement of Claim dated 24/07/2014

1. Plaintif adalah sebuah bank berlesen….yadayada..

2. Defendan ialah seorang individu yadayada..

3. Melalui sebuah perjanjian bertulis di antara plaintif dan defendan (selepas ini dirujuk sebagai perjanjian tersebut dan sebagai lanjutan kepada balasan plaintif yang memberi kemudahan dan mengeluarkan kepada defendan kad kredit plaintif yang berikut…cardno…atas permintaan defendan.

4. Defendan telah bersetuju untuk mematuhi semua terma-terma perjanjian tersbut dan membayar kepada plaintif semua jumlah yang didebitkan kepada akaun defendan oleh plaintif akibat dari penggunaan kad kredit tersebut oleh defendan.

5. Setakat 07/07/14, tuntuntan plaintif terhadap defendan adalah untuk jumlah keseluruhan RM3X,XXX.XX bagi kad kredit berikut tersebut yang terhutang kepada plaintif.

6. Plaintif telah membuat tuntutan untuk amaun tersebut terhadap defendan melalui peguamcaranya melalui notis tuntutan bertarikh 07/07/14 bagi kad kredit tersebut.

7. Walaubagaimanapun, defendan telah enggan, gagal dan/atau cuai untuk membayar balik jumlah yang dituntut di atas dan/atau sebahagian daripadanya.

8. setakat 22/07/2014, jumlah keseluruhan yang terhutang adalah RM3Y,YYY.YY, iaitu jumlah yang dihutang atas kemudahan kad kredit, caj pembiayaan (kewangan), caj kelewatan dan/atau caj-caj lain berdasarkan kepada perjanjian kemudahan kad kredit yang tersebut di atas, bersama caj pembiayaan (kewangan) pada 17.5% dikira pada dasar harian ke atas RM3Y,YYY.YY dan caj bayaran lewat pada kadar 1% sebulan ke atas keselutuhan jumlah baki tertunggak setakat 22/07/2014 (tertakluk kepada bayran minima RM5.00 dan maksima RM50.00 yang mana lebih tinggi) dikira pada 23/07/2014 sehingga tarikh penyelesaian penuh.

9. Sedemikian, pihak plainitf menuntut terhadap defendan seperti berikut: -

(a) jumlah keseluruhan sebanyak RM3Y,YYY.YY setakat 22/07/2014

(b) Caj pembiayaan (kewangan) pada kadar 17.5% setahun dikira pada dasar harian ke atas RM3Y,YYY.YY dari 23/07/2014 sehingga tarikh penyelesaian penuh

(c) Caj bayaran lewat pada kadar 1% sebulan ke atas keseluruhan jumlah baki tertunggak setakat 22/07/2014 (tertakluk kepada bayaran minima RM5.00 dan maksima RM50.00 yang mana lebih tinggi) dikira dari 23/07/2014 sehingga tarikh penyelesaian penuh

(d) Fee atas dasar peguamcara-anakguam

(e) kos tindakan ini

(f) lain-lain relif yang difikir wajar oleh mahkamah yang mulia ini.
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answered on Sep 5, 2014 at 22:00
by   Aurora
edited Dec 19, 2016 at 05:45
 
Dear @Notalawyer

1. From the statement of claim, it appears that I have used my credit card up to RM3X,XXX.XX, which is misleading.

2. I am now reading the judgment on civil suit NO. S-21-65-2004 between EPF and defendents ors dated 22/02/2011 re Statute of Limitation Act, thinking I could use some of the lines of arguments.

I do hope you could assist me. Many thanks again
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answered on Sep 5, 2014 at 22:49
by   jeff005
edited Dec 19, 2016 at 05:48
 
Hi Aurora,

(3. Melalui sebuah perjanjian bertulis di antara plaintif dan defendan (selepas ini dirujuk sebagai perjanjian tersebut dan sebagai lanjutan kepada balasan plaintif yang memberi kemudahan dan mengeluarkan kepada defendan kad kredit plaintif yang berikut…cardno…atas permintaan defendan)

Date of surat perjanjian?  You may have reset the cut off date of the 6 years Limit Act. Or by corresponding with them. It is an admission of liability. That's why 11/11/11/11 they still come after you.

This month is probably the end of the 6 year limit period. That is why the sifu and other forumers advocate.. "Don't call or contact the BANKS"

I owe in 2004 about RM40,000 (actual spending around RM20,000), In 2008 RM80,000, now probably RM150,000.. Not that I want to run from my debts. You work in the bank now right? You also confused why your RM5,000 debt can become RM30,000, what about we layman outside?
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answered on Sep 5, 2014 at 22:53
by   notalawyer
Did the bank send you an earlier surat tuntutan after you stopped paying in year 2003?

To fight this case, you need to find proof that

a. Your card credit limit is RM 5k ( as you mentioned ), look for old credit card statements.
b. Your card was terminated early in 2003 or 2004.  Old statements may also mention that your card has been terminated. Look for it.

The bank is trying to find ways around the 6 year limitation.
Your job is to make sure the 6 year limitation kills this Writ Summons.
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answered on Sep 5, 2014 at 23:03
by   notalawyer
Also post the Notis Kehadiran that you filed earlier here for checking.
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answered on Sep 5, 2014 at 23:46
by   Aurora
edited Dec 19, 2016 at 05:50
 
@Notalawyer

I didn't receive any surat tuntutan before (my credit card debt).

I've moved 2 houses since 2004 and am certain I wouldn't be able to find such documentary proof. But I'll try.

In the mean time, I can request for such documents from the plaintiff during next week's case management?
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