Waran Pengkomitan

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asked on Nov 10, 2014 at 20:55
by   Victim
I have been slapped with a judgement to pay them MYR350 monthly sometime last year. I was not able to pay thus UOB brought me to court again last month. The magistrate ordered me to pay RM3,000.00 before the 20th of this month (November 2014). I was able to secure a loan from an old friend but UOB still wanted for me to pay the amount which had lapsed and threatened jail.

They have sent me a copy of the Draft (which they might thought I might not notice), of a "Waran Pengkomitan" as well as a "PERINTAH PENGKOMITAN" which needs to be approved by the judge. The warrant was dated 14th Oct 2014.

The cover letter goes:
As stated in our client's letter to your good self on 02/11/2012, the honourable Magistrate Tuan XXXXXXXX XXXXXX has issued an order to your good self for the repayment of RM350.00 effective 30/03/2013. The said Order was issued with your presence in court after the honourable magistrate carried out an assessment on your income document. At that point of time our lawyer Puan XXXXXXXXX XXXXX XXXXXXX did inform your good self of the consequences if you ignore the Order after you had agreed to the arrangement. We hereby enclosed our client's letter, Warrant of Committal and Order for Committal for your reference.

As you failed to comply the order, my client has instructed us to pursue Committal Proceeding as you failed to commit to the said order which constitute as contempt of court. On 15/10/2014, the Judge had ordered a five day imprisonment should you fail to pay RM3,000.00 before 20/11/2014. However on the next hearing date, you may be required to pay the total lapsed after taking into account of the said payment required to pay by the honourable magistrate as you had defaulted twenty (20) installments as at October 2014.

In the view of the above, we are offering you a lump sum payment of RM14,000 as full and final settlement before 25/10/2014 and/or payment of RM7,000.00 in full before 25/10/2014 and balance payable by RM350 till full and final settlement.

Yours faithfully,

*** & Partners (comment: not the K and Partners this is an actual law firm)
Attn: Ms. Ng
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answered on Nov 10, 2014 at 21:04
by   Victim
I am a victim (hence the pseudonym) of a couple of persons including this family who duped me into investing in a series of businesses with them. When the businesses failed, I am the ONLY one having to bear the losses. They even suggested I use my dozens of credit cards to invest!!

They seem like nice, charitable people running a proper charity NGO with activities and all.

Anyway, the lawyer wrongly advised me that imprisonment will erase my debts away, not knowing that I have studied the Debtors Act which stated that imprisonment will not extinguish any debt. Can I complain or mention this in an affidavit? I don't have prove since it was a verbal conversation.

I also plan to invoke the Financial Services Act 2013 where it was clearly mentioned that financial institutions cannot harass customers into paying debt.

A lawyer friend told me Contempt of Court imprisonment will only be for one (1) day. I also came across a couple of articles saying that not paying debt cannot be construed as Contempt of Court.

In retrospect, I also came across a PDF file where discussing about a case such as telling the defendant what the Judge will order can also be construed as Contempt of Court.
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answered on Nov 10, 2014 at 21:43
by   vkpc
Post the full Waran Pengkomitan here so we can see more clearly and also post the law firm name.
There is no need to hide, since you are not saying anything bad about them ( yet ).
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answered on Nov 10, 2014 at 21:45
by   vkpc
Nobody has been sent to jail yet for not being able to pay debts.
I am angry about UOB's unethical scare tactics.
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answered on Nov 12, 2014 at 20:14
by   Debtor
UOB very fierce n rude in their recoveries even for a few thousand.
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answered on Nov 12, 2014 at 20:16
by   zing
Dear Victim, how much you owe the bank?
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answered on Nov 13, 2014 at 19:02
by   Victim
For this particular bank, around 20K.
The law firm is Goh & Partners.

NO SAMAN: 72-57754-2011




Bahawasanya melalui Perintah Mahkamah ini yang diumumkan pada hari maka telah diperintahkan bahawa Penghutang Penghakiman yang dinamakan di atas hendaklah dikomitkan ke Penjara Sungai Buloh kerana penghinaannya seperti yang disebutkan dalam Perintah tersebut.

Oleh yang demikian, waran ini memerintahkan kamu selaku Bailiff dan juga tiap-tiap Pegawai Polis supaya memberkas Penghutang Penghakiman tersebut dan membawanya dengan selamat ke Penjara Sungai Buloh untuk ditahan di situ dan dijaga dalam jagaan selamat.

Bertarikh 14 Oktober 2014

Deraf untuk kelulusan tuan,

Tetuan Goh & Partners                            Pendaftar Mahkamah Rendah Kuala Lumpur
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answered on Nov 13, 2014 at 19:03
by   Victim
I suppose you can actually find out my identity from the reference numbers ?
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answered on Nov 13, 2014 at 19:09
by   cornered
This law firm should be investigated for any abuse n colloboration to make profits? Complain to Bar Council required.
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answered on Nov 13, 2014 at 19:13
by   Victim
Thanks. How do I lodge a complaint? The basis is profit making at the expense of the consumer? Time is running out, the next hearing will be on the 20th of this month (barely a week).
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answered on Nov 13, 2014 at 21:12
by   funnyguy
Why do ppl think some ppl is so free to check on someone identity? Even by finding out, what can they do? Help get a "GET OUT OF JAIL FREE CARD"?

I dont notice what wrong the Lawyer firm has commited? It is bank that is heartless and intended to pursue. In the first place why attend court when you do not have the ability to repay. Once you attend court you have become traceable and if you do not adhere to any orders issued by the court, then followup issues occur if the stupid plus xxxxx@#$$%%$#@^&*(%$#xxxxx bank carry out the next legal action.

Why are all those stupid runners in this forum running? Most of them are owing more. Why dont they act tough.. Stand bold in front of their house and tell the bar_st_ard bank, and say "Look, I have no money to pay, what can you do to me??" THIS IS WHAT THEY CAN DO>!!!!! Would the same attitude be applied if the creditor are illegal Ah Longs??
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