Have been harassed by debt collector. How to handle the situation?

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asked on Dec 20, 2010 at 21:11
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edited on Jan 28, 2019 at 19:06
 
Anyone has any idea how to deal with abusive debt collector? I know that I owe Maybank money RM13K. One day a person named Raj from the debt collection agency [K****] called me and told me that I totally owed Maybank RM17K. Why RM17? He told me to pay RM4k right away then he could help me talk to Maybank on my behalf, then I told him I could only pay RM1k, he then said he couldn’t decide and would let me know later, which he didn’t. When I told him I wanted to talk to the bank manage, he gave me a mobile number and the “so-called manager” name’s Daniel (really!!!), so I called, this “manager” told me to pay RM3k. Why RM3k now? I told him I could pay back but I need some time and he even told me to borrow from “loan shark”. I ignored him.

After 1 week, he called me again, when I told him I would go to Agensi Kaunseling dan Pengurusan Kredit (AKPK) and settled with the bank myself, he was angry. He told me AKPK was useless, they couldn’t help, he told me to borrow from “loan shark’ again, he even asked if I was playing game with him, he would make me live in hell. I ignored him again.

Then, another person – “Daniel” (the bank manager??) called me after few days, this time he was furious and told me go to hell. He spoke in Malay, he said I was uneducated, should go back to kindergarten, asked me what religion I was and did my religion teach me to be good, told me jump off a building and die and cursed me would have a **** Chinese New Year and a bad year to come. I listened but I didn’t get stressed or mad as I found he was very childish. I told him he could do or say whatever he wanted because I would go for AKPK.

Since I told them I would go for AKPK, they have been so mad. Is it because they will not get any commission if we go for APKP? Apart from phone harassment, visiting my office, what else would they do? Would they come and smash my car?? My situation is better now and I can repay the money slowly, so I’ve decided to get assistance from AKPK and settle with the bank, but I want to make sure they don’t get a cent of commission out of me. Can anyone give me more suggestion?
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answered on Dec 20, 2010 at 21:28
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edited Jan 28, 2019 at 19:10
 
@phky

You have a good case! Go and make a police report against those individuals and the company. The sooner the better. Also send a complaint letter together with the police report to the bank concerned and Bank Negara. They should encourage you to go to AKPK as this is set up by Bank Negara.

You will not be made a bankrupt as your amount is not yet RM30,000 and they cannot smash your car as banks are regulated by Bank Negara. The next time they call, just say you are planning to file for bankruptcy or you will not hesitate to report them to the police and the Bank Negara. Actually, the collection agency and the bank concerned cannot do much to you at this time although they may threaten you by legal action or take your things or visit you. Do not worry. Just ignore them. The most the bank summons you to court and even attending court or not, nothing will happen except the least the bank got is the judgement in default unless you want to delay the court case by fighting the bank to the very end!
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answered on Dec 20, 2010 at 21:41
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edited Jan 28, 2019 at 19:10
 
@1919, thank you for your quick reply.

Actually, I received a court letter some time ago that I supposed to attend court, but it was a photocopy letter, and I ignored it.... so if next time I will receive the same thing, should I go? Thank you.
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answered on Dec 21, 2010 at 00:09
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edited Jan 28, 2019 at 19:12
 
@phky,

Never borrow money from loan sharks otherwise our life will be in danger. Loan sharks keep increasing the interest until we die, we will not be able to pay up.

If you have sufficient net disposable income to enroll in AKPK's repayment program,
go ahead and make sure every month you pay the repayment installment.

If not, just wait for the bank to sue you bankruptcy. The photocopy summon you received, does it have an original signature? If you are not sure, just call up the bank's lawyer firm to confirm.

As I mentioned in earlier post, if it is really a court summons and you did not attend, the bank already got a judgement in default, meaning to say you already accepted what is claimed in the summon. Judgement in default will still allow you to carry on with your normal life, so do not worry. The bank normally can't do much to you at the moment until your debt amount reaches RM50,000 or more whereby it will give the bank legal empowerment to sue you bankruptcy.

If after 6 years from the date of your last payment to the bank, the bank still does not execute bankruptcy proceeding against you, you are a free man and the bank cannot take further legal action against you after the 6 years has lapsed according to the Limitation Act. That's all.
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answered on Dec 21, 2010 at 00:20
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edited Jan 28, 2019 at 19:13
 
For your info,  [K***** name removed] may sound like a law firm BUT actually they are a collection agency although they may like to also mention that they have also a legal department to scare people.
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answered on Dec 21, 2010 at 11:49
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edited Jan 28, 2019 at 19:14
 
Bro, please make a police report and send this guy to hell. Complaint to Bank Negara. Don't let them get free and harass someone else. Teach them a lesson so that they know who they are dealing with.
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answered on Dec 21, 2010 at 14:15
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edited Jan 28, 2019 at 19:15
 
Yes. [K***** name removed] is a collection agency. Not a law firm. Found their website. Just Google.
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answered on Dec 21, 2010 at 23:28
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edited Jan 28, 2019 at 19:34
 
Yes, an employee by the name of Morgan from the same debt collection agency also contacted me a few times in November, this guy told me he was from Maybank (I asked him at least 2 to 3 times where he was calling from), later when he emailed me, he emailed from [email address removed], when I visited their website, it was clear that they are a debt collection agency.

My point: Their employees have no problem lying point blank on behalf of Maybank or any of their clients.

What can you do? I don't know. For me, I told their manager, Ragu, via email, to email me whatever they want to say to me, I want everything in writing as I am gathering evidence against their company in order to report them to the police and Bank Negara.

Well, it is nearly the end of December now, no more calls or emails from them.
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answered on Dec 22, 2010 at 16:21
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edited Jan 28, 2019 at 19:41
 
@phky or anyone being threatened by Debt Collection Agent(s)

Do NOT be afraid to teach abusive debt collection agency for banks or their employees a lesson by resorting to file a police report and also make a nasty complaint to Bank Negara by letter. To do that, you need to make sure you know the full name of the person(s) threatening you, their company name, address, their handphone and company phone, the bank they are representing, time and date of calling and other info you can get like recording what they exactly said to you. The next time they threaten you, be nice to them first to get all the info. Later on, you report to the police and Bank Negara. We MUST NOT tolerate such threats, bully tactics and injustices from collection agents on innocent debtors who may be a little ignorant or helpless to defence themselves or how to tackle collection agents professionally so that those collection agents will learn a lesson instead of acting like lawyers or call themselves officers from the legal department. Sometimes, they acted like well-educated Ah Longs with professional verbal threats. Rest assured, they dare not harm the debtors physically. The most they can do is threaten to pay unscheduled visits to your house or office or threaten to see your boss or even threaten to take away your household things for auction including freezing all your bank accounts and assets and including impounding your passport or get a court order to deduct your salary. The list goes on and on as long as they can make you pay up. To tell you the truth, just DO NOT believe those collection agents or agencies because they DO NOT have the legal empowerment to do so except the banks' legal firms or representative. Collection Agencies are NOT legal representatives! Those agencies are Debt Collectors or Chasers ONLY - nothing more and nothing less!

They like to flex their muscles by calling debtors constantly so much so the debtors are annoyed. Nowadays, there are phones that can block phone numbers you do not wish to receive. Or ask them to call you after office hour or you prefer receiving emails instead.

There are more and more people getting into debts, so hopefully this forum is an ideal place to help one another. Remember, if you have the answer or experience in tackling a difficult situation with the creditor banks or even court cases, PLEASE DO NOT HESITATE TO ANSWER ANY QUESTIONS IN THIS FORUM. DO CHIP IN YOUR PART EVEN THOUGH YOUR ANSWER MAY BE SIMPLE BUT IT MAY GIVE HOPE TO AT LEAST LESSEN THE EMOTIONAL FEARS & ANXIETIES, DEBTORS ARE FACING EVERYDAY. WHO KNOWS, YOUR ANSWER MAY EVEN PREVENT PEOPLE FROM COMMITTING SUICIDE OR SAVE THEIR FAMILIES FROM BREAKING UP.
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answered on Dec 22, 2010 at 20:11
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edited Jan 28, 2019 at 19:43
 
I used to have the same problem before... I was too depressed at that time... hoping day end earlier and nights are longer so that they can't contact me.

I used to be so ashamed before when they did call me... at my office and at my handphone... it is by google that I discovered this forum.

It's now been 12 month since I was unable to make prompt payment and I have been playing with them with lots of fun...

Thanks to Lawyerment!
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answered on Dec 24, 2010 at 04:24
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edited Jan 28, 2019 at 19:59
 
If they call up and threaten you saying that they want to writ of seizure and sale (WSS) your property or to declare you bankrupt, just tell them please go ahead and put down the phone. That is what I did to them and yes they called me up and said to me their calling from legal department from this bank and blah, blah, blah.. I asked him if you are in legal department, why is it you have to call me and do the collection thing? Don't you have specific department to do that job? Can't answer me and threaten to proceed with bankruptcy and I said go ahead. Used to work in a bank before and I know all their tricks..
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