Advertisement

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

1854 Views  ⚫  Asked 4 Years Ago
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!
0 had this question
Me Too
0 favorites
Favorite
[ share ]
84 Answers
« Previous   3   4   5   6   7   8   9   Next »  Last »

answered on Oct 2, 2014 at 02:51
by   notalawyer
c. Date Summons letter claimed to be posted - 13.08.14
d. Date stamped on the envelope by Pos Malaysia - 15.08.14
e. Date letter was placed on your letter box - 21.08.14


Something not right here...
It took eight days for the letter to reach you?
Normally, local mail takes 2-3 days.
It would be difficult to explain this to the Judge.

All it not lost yet, as we are still thinking and looking around for the best argument and issue to fight this JID.

For the affidavit in reply that you are going to write, you need to add in points that you missed out in your first affidavit to make things more in sync.
Post your Afidavit Defendan Lanjutan 1 here.
0 found this helpful
Helpful

answered on Oct 2, 2014 at 03:03
by   notalawyer
Did the bank lawyer send you a Letter of Demand before the Writ Summons?
If yes, when did you receive it?
0 found this helpful
Helpful

answered on Oct 2, 2014 at 15:28
by   Aurora
Good morning @Notalawyer

I was fuming mad too when i received it in the morning of 22.08.2014. It appears that the summon was addressed to my bank's PO box but my check with our Admin Dept shows that they collect from our PO Box every other day (for your information, i am with a financial institution). The only logical explanation to such delay is the festive season that was causing the slow mailing service.

As you can see from my first thread, i sent a complaint letter and email to the plaintiff on harassment by their debt collector on 03.07.2014. They responded through their letter to me dated 09.07.2014 and i only received the said letter on 12.08.2014.

Pursuant to my complaint letter dated 03.07.2014, the plaintiff had instructed their lawyer to send a letter of recall/termination dated 07.07.2014 asking me to respond within 7 days from the date of the letter. And again, I only received it on 05.08.2014.

I remember all these dates because i wrote to the plaintiff informing them of all these delays. The reason why i wrote again to them is that they asked me to give the name of my colleague who was harassed by the collector to assist in their investigation on my complaint, which i declined to disclose, and they also threatened to use a provision under BAFIA that could get me fired from my workplace. Unfortunately, my FI isnt governed by BAFIA.

All the letters from the lawyer were sent via pos biasa during the busy festive season.

All my letters to the plaintiff bear my mobile contact no. I received no calls from them so far.
0 found this helpful
Helpful

answered on Oct 2, 2014 at 18:56
by   notalawyer
What festive season was it during that period?
0 found this helpful
Helpful

answered on Oct 2, 2014 at 19:21
by   Aurora
It was Raya Puasa. Busy time for Pos Malaysia with the raya card.
0 found this helpful
Helpful

answered on Oct 3, 2014 at 11:24
by   notalawyer
Ok. That could be a good excuse.

Now prepare Afidavit Defendan Lanjutan 1.
In your new affidavit, you need to

a. Reply to their affidavit points ( if necessary )
b. Add more allegations to cover all reasons in your Notice of Application
c. List all the Material Dates as shown earlier including Hari Raya Puasa.

Post it here.
0 found this helpful
Helpful

answered on Oct 7, 2014 at 02:01
by   jeff005
Aurora dEAR,

I lost the battle with banks, i lost my divorce due to ignorance of divorce laws, i fought alone. None of all these written in the forum has nothing to do with me anymore.. bolih cuci tangan ma... NO.. no.. i am not going to do that, "WE" shall bring the WAR against bill collectors and those blood succcking so called legal misfits to to the frontline, using back the laws that they have been using to bully us. I believe we have more BUK missiles to shoot back. WE ARE NOT ALONE ANYMORE...!!!!!!

Your case here, believe me, a lot of other ppl are watching.. New novice lawyers,bill collectors, bank litigation depts, lawmakers, maybe even judges, those in similar situations but scared to fight back or dunno how to.. You, in fact, are changing the rules of engagements, and to stop a lot of others from being bullied, and a lot of forumers are BEHIND YOU..!!

YOU ARE NOT ALONE.. MAY THE FORCE BE WITH YOU..

Rgds

Jeff
0 found this helpful
Helpful

answered on Oct 7, 2014 at 02:11
by   steven
Eh.... Aurora works in a bank lah.
0 found this helpful
Helpful

answered on Oct 7, 2014 at 16:08
by   jeff005
We are the "FORCE"   ..Aren't we are a FORCE to be "reckon with" now.??

Even a high court judge children can be intimidated by bill collectors for debts..!! what more bank employees..!!
0 found this helpful
Helpful

answered on Oct 7, 2014 at 16:40
by   steven
Why are we helping the enemy?
0 found this helpful
Helpful


« Previous   3   4   5   6   7   8   9   Next »  Last »

Your Answer





By posting your answer, you agree to the privacy policy, cookie policy and terms of service.