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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 20, 2014 at 01:37
by   notalawyer
Don't worry, there is still a good chance you can set aside this Judgment in Default.
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answered on Sep 25, 2014 at 17:53
by   Aurora
Dear @Notalawyer

1. I have couriered the NP to the plaintiff's lawyer last friday and ive checked that it has been delivered on monday. Do i have to call to confirm their attendance to the court next Wednesday?

2. How do I prepare myself for the court date next wednesday? For the past week, i have gone thru court cases online.

Many thanks in advance
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answered on Sep 25, 2014 at 18:42
by   notalawyer
1. I have couriered the NP to the plaintiff's lawyer last friday and ive checked that it has been delivered on Monday.

Did you accompany your Notis Permohonan ( Notice of Application ) with a cover letter when you mailed it to the plaintif lawyer?  ( Next time send by Registered Mail if possible )
Was it a sealed Notice of Application?
If yes, post your cover letter here.
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answered on Sep 25, 2014 at 20:09
by   Aurora
Thank you @Notalawyer

I was told by the PO that it will take a week to be delivered to the recipient and thats why i pos-lajued the sealed NP.

My cover letter is as follows: -

Your Ref:
Date:

MSSRS YYYYY
KUALA LUMPUR

RE: GUAMAN NO : _______________________ TAHUN 2014

I forward a copy of the Notis Permohonan for your attention.

Thank you.

Aurora
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answered on Sep 25, 2014 at 20:55
by   notalawyer
Was it a sealed Notice of Application? ( bermeterai )
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answered on Sep 25, 2014 at 21:35
by   Aurora
Yes @Notalawyer. Extracted from e-filing
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answered on Sep 29, 2014 at 22:38
by   notalawyer
2. How do I prepare myself for the court date next wednesday? For the past week, i have gone thru court cases online.

Call up the bank lawyer and ask him/her whether they have received your Notice of Application and Supporting Affidavit and whether they will be replying to your affidavit. ( via another affidavit )

a. If they say they will be replying to your affidavit, ask them whether they will ask for extension of time on Wednesday to prepare their affidavit.
If they say yes, it means that nothing much will happen on Wednesday.  ( no arguing )
You just go there to get another court date.

b. If they say they will not be replying to your affidavit, ask them whether they will be opposing your application. If they say no, then it will be an easy win on Wednesday.
If they say yes, then you need to prepare to argue on Wednesday.
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answered on Sep 30, 2014 at 21:05
by   Aurora
Thank you @Notalawyer

I spoke to the lawyer just now and was informed that they will be filing for their Affidavit Jawapan tomorrow. Would they apply for the extension of time then?

Since i will be there the lawyer told me she will pass me the affidavit tomorrow too. So will my 14 day start ticking tomorrow or lawyers have faster way to extract the affidavit?
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answered on Sep 30, 2014 at 22:15
by   notalawyer
Would they apply for the extension of time then?
You should have asked them this while on the phone.

It is possible that they will want to go ahead with the hearing tomorrow (arguing), so you need to get prepared.
You can decide to also go ahead with the hearing ( pendengaran ) tomorrow, or ask for time to reply to their afidavit.
Note: Some judges may try to ask or force you to go ahead with the hearing tommorrow.

If you feel you are not ready, you should insist that by law you should have 14 days to study their new affidavit and reply to it if necessary.
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answered on Sep 30, 2014 at 22:26
by   Aurora
My bad.

I was informed by the lawyer that we would be replying each other's affidavit.
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