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Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi 1818, This afternoon received an A.R.Registered letter from Bank's lawyer dated 14/11/2011 summon me to appear in court on 27/12/2011 at 2.00pm at the KL Magistrate court because i owe this bank RM19,xxx credit card debts which was converted to term loan @ 10% p.a. 1)Should I go to KL to defend myself so as to delay the case and ask for transfer case to Penang? 2)What documents to prepare if I decide to delay the Judgement. 3)Is the fees charge by the lawyer fair? (RM50 + Rm500 for court fee + RM500 lawyer fees) 4)If I choose not to attend, then I will be make a bankrupt in 4 to 5 years time when the debt accumulate to RM30,000. By that time do I still have the option to appeal for this case to be postponed? 5)What is your best advise: to defend or not ? Thanks and regards, steven 30 Nov, 2011 23:58:57

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) vkpc Attend-lah to get some court experience. Did you read William Chan's book? 01 Dec, 2011 11:08:40

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 Hi Steven, Like I mentioned before, unless you have strong hole/s to fight, you must have an exit strategy (like migrating or winning the lottery or something), otherwise, you would just incur more debt (legal & court fees) + take on a lot of stress travelling to KL from Penang 10-20 times + preparing your case to fight the bank lawyer + spending quite a bit on travel expenses. The worst is, without strong holes to win, if you fight and lose, the bank will also likely bankrupt you. Bottom line: Knowing what I know now, if you don't have strong holes, you should only fight to delay your case to buy time to leave the country or something better. Once again, this is just my layman opinion, I might be way off base. Good luck! 01 Dec, 2011 18:51:58

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi vkpc, I have bought and read that book but did not mention what are my success rate to get the case transfer to Penang if I delay the case! If I can get this case tranfer to PG 2nd or 3rd time mention, then I will fight till the end. Spending money to and fro PG-KL with no chance of winning is no fun. Like what is mentioned by 1818, if i don't have any excuses to defend I can only delay the case. In the final, the bank's lawyer still want to bankrupt me. Anyway I will go this time just to get some experience. Pls advise me how to file my documents to lawyer. Thanks you vkpc Hi 1818, Thanks for the advice. When a man has not enough money to spend, going to KL to attend court can be very stressful. I will take a 6.00am bus from Pg, reaching KL probably 11.00am, then ask someone to show me the way to take LRT to go to Magistrate Civil Court at Jalan Duta. Thks steven 01 Dec, 2011 23:08:09

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 There is no LRT running to Jalan Duta Court Complex, instead, take the LRT to Masjid Jamek station, look for Wisma Kraftangan, opposite the huge & tall Menara OCBC (OCBC Head Office), Wisma Kraftangan very, very near the Masjid Jamek LRT station, wait for van shuttle (RM2 per trip, that was the fee about a year ago) in front of Wisma Kraftangan to take you all the way to the doorstep of the court house. There is also a public bus that runs every hour or so, if the bus comes first, take it, save RM1, bus will also take you to the same place. I can't remember the bus service number, ask around. Both my FIRST MENTIONS were at held at Jalan Duta Sessions Court, I did not file any attendance documents both times, I just showed up that day. No problem whatsoever. I could still delay by asking the registrar for time to look for lawyer. My reason was, I do not agree with the amount the bank is claiming from me, no need to give detalis/proof to anyone that day. I'll tell you exactly what you need to do when you reach the court building tomorrow - if you are interested. Before I forget, bring your own water so you don't have to pay more at the canteens there, they serve lousy food & drinks too. 01 Dec, 2011 23:40:12

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi 1818, Thank you so much for your kindness instruction. I will be there on 27 December 2011, around 11.00am. I am really glad and look forward to see you there. 1) Inside the lawyer letter there are 2 set of NOTIS KEHADIRAN asking me to reply to lawyer whether I am going to defend my case or accept the bank's claims. Do I need to reply and pay RM4/- to file these documents? 2)If I don't reply and just go there without any documents, would my case be heard? 3)On that day can I ask for transfer of this case to be heard to Pg? Thank you again steven 03 Dec, 2011 00:09:22

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 @Steven You wrote: I will be there on 27 December 2011, around 11.00am. I am really glad and look forward to see you there. My communication skills are clearly lacking to lead you to think I'll meeting you at Jalan Duta court complex. My apologies. I've not stepped foot on Bolehland soil for almost a year now, and I have no intention of going back to a place where I am called penumpang and/or pendatang, and told to balik ke Cina, thanks, I'll pass. Yes, I used the "leave M'sia" exit strategy. More importantly, before I answer the rest of your questions, I've a question for you, will you be willing to share with people your experiences with the banks and give them useful tips like I have freely given you and others here? (I'll be starting a small business soon, once it takes off, I would be too busy to be here. Small business = labour intensive + gotta wear many hats.) 04 Dec, 2011 17:06:32

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi 1818, Thanks for your reply. To share my experiences with others is my wish also because I gain a lot of confident from this forum. Before I found this forum, I was in great fear, stress and anxiety with many sleepness nights. I look older and rusty! I had borrow some money from my brother and sister to help me out temporary but not enough to cover my debts, mostly credit cards and personal loans. I had sucessfully applied for AKPK but I defaulted my payment after 1 year of payment due to no steady income. Many thanks to people like you, notalawyer, vkpc, etc whom I get a lot of info and learn a lot from people who had gone thru this ordeal. I got my sister's daughter who study law in KL to help me out when I reach KL. I can relax a bit now and gain some weight because these Collection Agency seldom call and not many letters from banks' lawyers. But I must be prepared, these letters might come in any time because I already stopped all payments to banks since March 2011. Don't worry 1818, from these experiences I had gone thru I had become a more humble person looking at things spiritually. These hardship I had gone thru is a cleansing from God, due to my bad karma in the past life so this life time had to pay back. In this life time, do more meritorious services. Just be mindful always with our thought, speech and actions. Every morning wake up with a heart of gratitute, humbleness and acceptance of the will of God. Thanks and regards steven 04 Dec, 2011 22:56:55

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 1) Inside the lawyer letter there are 2 set of NOTIS KEHADIRAN asking me to reply to lawyer whether I am going to defend my case or accept the bank's claims. Do I need to reply and pay RM4/- to file these documents? Like I mentioned before, for both my Sessions Court mentions, I did not mail anything to anybody, I just showed up, no problem whatsoever, well, at least for me. 2)If I don't reply and just go there without any documents, would my case be heard? Same answer as above. 3)On that day can I ask for transfer of this case to be heard to Pg? You may apply on that day bt if you want to delay your case as long as possible, apply about a week before your next hearing date. According to William Chan's book, you will need to prepare a cover letter and an affidavit to apply for transfer, chances are, the court will reject your transfer application but this is a good way to delay your case. If delaying is your plan, ask the judge or registrar for time to find a lawyer, usually you will get about 30 days to find a lawyer, that 30 days is your hearing date to defend your case. About a week before the hearing date, you send in the cover letter and affidavit to apply for transfer, in fact, to delay your case longer, your first step is to apply for arbitration, there is a form to fill, I read from here that this is a new step, that is why it is not mentioned in William's book. Good luck! 04 Dec, 2011 23:53:13

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven hi 1818, you mean immediately AFTER the 1ST Mention,on that day, I can get a form from the counter to apply for Arbitration to apply for case transfer to Penang? 08 Dec, 2011 23:05:55

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 That's what someone here said, ask around. This is something new to me also. On the mention date, when you reached the court house lobby, take the lift or walk ONE floor down, then look for a kiosk, key in your summons number at the kiosk so you know which floor and room you need to proceed to, if I remember correctly, you will also need to fill in a form which you can get at a window near the kiosk - to pass it to the registrar's assistant. Good luck! 08 Dec, 2011 23:46:45

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven hi 1818, thank you so much. 09 Dec, 2011 23:50:35

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven hi 1818, I am celebrating my victory at the Magistrate court this afternoon. I got my case postpone to 30th Jan 2012 at 9.00am for 2nd mention. I don't need to appear in front of the Magistrate Judge, it was the lady Registrar at the cubicle who ask me "Mengaku atau tidak", I reply "Tidak, saya minta case ini ditangguhkan supaya saya di beri masa untuk mendapat khidmat seorang peguam" The lady bank lawyer also agree to the postponement. I don't even need to submit my "Notis Kehadiran" 1) The counter clerk told me to submit my Mediation form when come for the 2nd Mention and tell the Judge to postpone the case, is this the way to do? I ask her about the Arbitration, she said don't know! 2) what is the next step from now because the bank lawyer told me to wait for their letter regarding the 2nd Mention. 3)I took the bus from PG to KL that stop at Jln Duta bus terminal, I just take a 15 min walk to the Mahkamah, very convenient now.!! If you happen to be in PG, I am going to treat you a PIZZA, also to vkpc and notalawyer and William Chan!! BTW, I will go to KL again on 4th Jan 2012 at 2.00pm for another 1st Mention summon by Bank R. The amount is RM15,xxx (P.Loan RM11xxx + CC RM4xxx) at different interest rate, crazy!! regards, steven 28 Dec, 2011 00:15:57

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) natalie mediation at early stage? normally court practice, before trial..they will fix date for mediation. not at this stage. since u v informed ct that u wan to appoint lawyer, 2nd mention meaning to file defence n on d 2nd mention court wil fix anor date for PF to reply to ur defence. 29 Dec, 2011 00:43:17

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Hi Steven, Mediation can happen at stage, so get the forms from the counter and file it soon. Ask the counter people for instructions on which copies to send to the bank lawyer. There is no such thing as arbitration in your case, as the agreements did not mention arbitration. what is the next step from now because the bank lawyer told me to wait for their letter regarding the 2nd Mention. This could mean that the bank may withdraw the lawsuit or something else. It is quite common nowadays after William Chan's book was published at MPH and Popular book stores. When people fight without lawyers, the banks might need to spend RM20k lawyer fees to try to get RM19k from you. This makes them look really stupid. Call up the bank lawyer and ask what to expect from their upcoming letter. For the 2nd bank, do the same thing. Say you want to file for mediation, but if the bank lawyer disagrees, ask for time to "find a lawyer" again. Good Luck. 29 Dec, 2011 08:36:07

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Correction: Mediation can happen at any stage. 29 Dec, 2011 08:39:55

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 Hi Steven, I am happy for you that you were able to delay your case, hopefully, no further delay is necessary - where you and the bank will work out a deal acceptable to both parties during the mediation. If you have to be in KL in the morning (hearings are in morning and mentions, afternoon), you might want to take the late bus from Penang so you reach KL sometime around 6 a.m., it will save you a night of hotel stay. Pizza? If I were still in Singapore, that would be a welcome treat but after so many months in Australia, I am quite scared of pizza and sandwiches already, some nice, authentic Malaysian food like nasi kandar would be great. In fact, I'll back to my home town (in M'sia) during this coming Lunar New Year, too bad my home town isn't Penang, otherwise, we can have teh tarik! Actually, I just got my Australian passport this week, even legally changed my name. I wish you nothing but the best, Steven! 29 Dec, 2011 23:11:07

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, Yesterday contact the bank lawyer, she said they will send a letter to me just to inform me regarding the hearing date and time, that all. I will be visiting the PG Legal Aid next week to seek their help on how to do Mediation and get the case transfer to PG. 1)I am not sure whether I can argue with the bank lawyer that charge me extra RM500 for "Kos atas dasar anakguam dan peguam" beside this lawyer already charge me KOS MAHKAMAH RM50 & KOS PEGUAMCARA RM500. My arguement is that which provision inside the agreement allow them to charge this fee because bank R does not charge me that fee. 2)Inside the Mediation, my proposal would be: (a)pay the bank RM100 per month until settlement, stop all interest charges , late charge, legal cost. (b)pay them 50% the total claim amount only ONCE and for all but only by JUNE 2012, stop all interest charges, late charges, legal cost. (c)If all the above not agree, just let them accumulate the amount until it reach RM30k, then sue me bankcrupt, then the bank don't get any money. Because I still have at 6 banks wanting to start Summon me. This 2012 year will be a very busy year for me, to and fro PG/KL WISH YOU HAPPY NEW YEAR 2012 steven 31 Dec, 2011 10:26:52

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi 1818, Glad to hear from you again. Penang nasi kandar still the best, so is Hok Kien Mee, Char Koay Tiow and Laksa. If you happen to drop by PG, email to me at yongsk5613@gmail.com ,I will offer you the recently crowned TEH TARIK KING at the Penang Hawker competition concluded at TIME SQUARE on 25th DEC 2011. If your biz in Australia need manpower tell me whether I am qualify to work for you, ha ha. All the best to you and beoome happy citizen of Australia! HAPPY NEW YEAR TO YOU. steven 31 Dec, 2011 10:41:19

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer 1)I am not sure whether I can argue with the bank lawyer that charge me extra RM500 for "Kos atas dasar anakguam dan peguam" beside this lawyer already charge me KOS MAHKAMAH RM50 & KOS PEGUAMCARA RM500. My arguement is that which provision inside the agreement allow them to charge this fee because bank R does not charge me that fee. Don't worry about any extra fees, charges or bills they send you, because they have no practical way of collecting it. To collect it, they have to sue you again for the new fees and start another fight all over again, and then incur more costs again, this normally does not happen. They can't add these extra bills to the current lawsuit, so it cannot help increase the amount to RM30k. The only reason they send you these bills is to scare you to stop fighting in court. 2)Inside the Mediation, my proposal would be: (a)pay the bank RM100 per month until settlement, stop all interest charges , late charge, legal cost. Not "stop all" but "waive all" interest charges , late charges, and legal costs. Option a. should be good enough, don't get too generous becos you may need the money for other things. You don't need Legal Aid to do mediation, finding legal aid will only slow you down. 31 Dec, 2011 19:38:37

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) 1818 Hi Steven, Happy New Year! Great, now that I have your email address, when I visit Penang next, I'll certainly contact you to enjoy some goooood teh tarik and nasi kandar! I must say I am a little surprised to read that you have decided to fight/delay all your summons when there are so many coming at you soon. Travelling from Penang to KL back and forth 20, 30 or more times is not just stressful, physically, emotionally and financially draining too to say the least. However, like I mentioned before, if you have strong holes to at least transfer your cases to Penang, go for it! If not, I strongly suggest you have an exit strategy before "the end". If you have the chance to get a passport from another country, remember to legally change your name too, it costs very little money if you do it at the immigration department, many countries I know allow that. Although the M'sian immigration could only detect if a Malaysian is bankrupt or not from his I/C number, if you plan to visit M'sia with your new passport, the name change will be a powerful added "protection", like wearing 2 bullet proof vests if you will. Unfortunately my new one-man show can't support any staff at this time, customers only started to slowly but steadily trickle in the last few days. Being a one-man show means from next week onwards, I'll be spending 12 hours or more on my business, so it is good to know notalawyer is helping you out already. For your information, Australia is no longer a good place for foreigners to seek employment, since 2010, the govenment here has tightened immigration rules, see article here if you have time: http://zeenews.india.com/news/nation/australia-tightens-immigration-rules-cancels-20k-visas_602379.html So Steven, this will be my last post in this forum for a long, long time. In fact, from tomorrow onwards, I would be lucky if I have time to check email more than once a day! As for that weak, gutless COWARD cum LOSER (with multiple nicknames like Ken Norton, Jora Singh, UMNOISM, etc.), during the last year+ when I was so free, flaming a wicked, ungodly, slanderous liar like him was an economical entertainment for me, it sure costs a lot less than a cinema ticket in Melbourne, haha. Once again, Steven, I hope you win all your cases! Good bye. If I do visit Penang next, at the soonest, it will be sometime in 2013. God bless! 01 Jan, 2012 21:56:02

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, Grateful for your update. 1)Can the Mediation filing and filing for Transfer be done together at the same time? 2)Can I get the Mediation form from PG Session court and file it in KL on 4th Jan 2012 when I will be attending the 1st Mention summon by Bank R ? 3)So far I have not seen anyone here question the bank how they calculate and arrive at the figures they claim, bank customer just simply accept the figures. Can I challenge them to show me step by step how they do the calculation although they have design a software to do the calculation but sometimes bank staff who key in the figures may be wrong, show me the daily calculation, monthly calculation, etc. Thanks steven 02 Jan, 2012 12:57:59

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer 1)Can the Mediation filing and filing for Transfer be done together at the same time? Can. 2)Can I get the Mediation form from PG Session court and file it in KL on 4th Jan 2012 when I will be attending the 1st Mention summon by Bank R ? Give it a try, since Mediation is fairly new, we don't have much experience. 3)So far I have not seen anyone here question the bank how they calculate and arrive at the figures they claim, bank customer just simply accept the figures. Can I challenge them to show me step by step how they do the calculation although they have design a software to do the calculation but sometimes bank staff who key in the figures may be wrong, show me the daily calculation, monthly calculation, etc. In the loan agreement that you signed, you agreed that the bank need not give you calculation details, just a total amount owing will do. So, if you still want to fight in this way, YOU will have to show the detail calculations, not the bank. 03 Jan, 2012 13:24:52

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) stevenh Fe Hi notalawyer, I got another postponement from the 1st Mention with Bank R, the lady lawyer is doing chambering who represent the Bank R, she spoke everything to the Registrar and the Registrar give me 8th Feb 2012, 9.00am to come for 2nd Hearing. I manage to get a Mediation form at Aras 2 where the counter clerk told me to fill up the form and sent to Plaintiff lawyer to get their consent, after they have signed for consent, then only I am able to file it there. Normally, Mediation should take place before the 2nd Hearing, that was told by a lawyer at the Legal Aid Biro which was situated at the Grd Flr. I did not call the bank lawyer to do Mediation, I want to sent them the form and wait for their reply. In Pg I try to get my friend who work at the Legal Aid Biro to help me with the Mediation.and Transfer Case. I was told by another lawyer when I line up to meet the registrar at the cubicle that I need to get someone who is familiar with the filing procedure on Transfer Case. May be my freind can help. 05 Jan, 2012 23:27:34

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer I got another postponement from the 1st Mention with Bank R, the lady lawyer is doing chambering who represent the Bank R Banks (as a company) cannot be represented by a person who is not a lawyer. A chambering person is not yet a lawyer until he/she is called to the bar. So, on the 2nd mention, if the chambering student comes again, wait till you are both seated in front of the Senior Assistant Registrar, then object to the person representing the plaintiff because she is not a lawyer. After the chambering student is kicked out from the cubicle, then ask for the summons to "dibatalksn dengan kos RM500" to be paid to you by the bank, because they are absent. I was told by another lawyer when I line up to meet the registrar at the cubicle that I need to get someone who is familiar with the filing procedure on Transfer Case. May be my freind can help. Filing is easier than renewing your passport, you don't need anybody to help. Read "Court Filings" chapter on William Chan's book. 06 Jan, 2012 08:28:45

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, Thank you for your advice, I will do the necessary preparation. 1)Will the bank "sell" my apartment if one day I lose my case on the CC debt, since I am using the same bank for both housing loan and CC,( although I still manage to pay for my housing loan every month.?) regards, steven 06 Jan, 2012 23:15:09

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Post your Notice of Application and Supporting Affidavit here for us to check. 1)Will the bank "sell" my apartment if one day I lose my case on the CC debt, since I am using the same bank for both housing loan and CC,( although I still manage to pay for my housing loan every month.?) No they wont. But they will if you become a bankrupt. 07 Jan, 2012 10:38:16

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, Here is the NOIS PERMOHONAN Dalam Mahkamah Magistrat di Kuala Lumpur Dalam Wilayah Persekutuan, Malaysia Saman No : XX-XXXXXX-XX/2011 ABC Bank Berhad …….. Plaintif <My Name> ( IC NUMBER) …….. Defendan NOTIS PERMOHONAN ( Permohonan Defendan untuk Memindahkan Kes ke Pulau Pinang ) AMBIL PERHATIAN bahawa defendan yang dinamakan diatas bercadang untuk memohon kepada Mahkamah Majistret Kuala Lumpur pada xx Jan 2011, pukul 9.00 pagi untuk suatu perintah memindahkan tindakan ini ke Mahkamah Majistret Pulau Pinang. Alasan-alasan untuk permohonan ini adalah seperti berikut :- 1. Alamat tetap Defendan adalah di negeri Pulau Pinang dan tidak pernah berubah. 2. Defendan tidak mampu kos perjalanan berulang alik dari Pulau Pinang ke Kuala Lumpur setiap kali ada sebutan, pendengaran, penangguhan ataupun urusan failing. 3. Jika permohonan ini tidak dibenarkan, keadilan kes ini mungkin akan terjejas dan usaha defendan membela diri akan menjadi sia sia. 4. Alasan –alasan lain seperti yang dinyatakan dalam Afidavit Sokongan yang diikrarkan oleh < My name> yang difailkan di sini. 5. Oleh yang demikian, saya dengan rendah diri memohon untuk suatu perintah seperti dipohon. Bertarikh pada : , 2012 ………………………………………. Pendaftar Mahkamah Sesyen Shah Alam Notis Permohonan ini difailkan Oleh defendan yang beralamat di <My Name> <My Address> Tel : xx-xxxxxxx Here is the AFIDAVIT SOKONGAN Dalam Mahkamah Magistrat di Kuala Lumpur Dalam Wilayah Persekutuan, Malaysia Saman No : XX-XXXXXX-XX/2011 ABC Bank Berhad …….. Plaintif <My Name> ( IC NUMBER) …….. Defendan AFIDAVIT SOKONGAN Saya <My Name> ( No. K/P: XXXXXX-XX-XXXX) adalah warganegara Malaysia yang cukup umur dan beralamat di < My Address> dengan sesungguhnya berikrar dan menyatakan seperti berikut:- 1. Saya adalah defendan dalam saman ini 2. Semua fakta-fakta yang dideposkan di sini adalah berdasarkan kepada pengetahuan peribadi saya 3. Saya mengikrarkan affidavit ini untuk menyokong permohonan saya untuk memindahkan kes ini ke Pulau Pinang. 4. Alamat tetap saya adalah di Pulau Pinang sejak sebelum saya ada berurusan dengan plaintif dan tidak pernah berubah. 5. Plaintif memang tahu yang saya menetap di Pulau Pinang tetapi masih memfailkan tindakan ini di Kuala Lumpur untuk mendapat kelebihan kepada pihak plaintif 6. Saya sudah bersara sejak DD/MM/YYYY dan hanya buat kerja sambilan sebagai Ajen Insuran AM dengan pendapatan purata RM 400 sebulan, kesemuanya dijadikan bayaran kepada ansuran rumah . Saya and anak tunggal saya bergantung kepada isteri saya untuk duit makan dan minum. 7. Oleh kerana pendapatan saya yang sedikit, saya tidak mampu membiayai kos perjalanan berulang alik dari Pulau Pinang ke Kuala Lumpur bagi setiap tarikh kembalian dan urusan failing. 8. Atas alasan-alasan seperti yang dinyatakan di atas, saya memohon untuk suatu perintah seperti yang dipohon dalam Permohonan. Berkenaan dengan Afidavit oleh Deponen ) Yang bernama <MY Name> ) <Sign HERE> Yang diikrarkan di Pulau Pinang ) Pada 2012 ) Di hadapan saya .................. PESURUHJAYA SUMPAH Afidavit Sokongan ini difailkan Oleh defendan yang beralamat di <My Name> <My Address> Tel : xx-xxxxxxx 12 Jan, 2012 00:07:07

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Looks good, but if you have better reason like "son has autism" or "grandmother sick with cancer" even better chance of getting the transfer. Now sign 3 copies of the affidavit in front of Pesuruhjaya Sumpah. Do you know how many copies of the Notis Permohonan you need to print to file in KL? 12 Jan, 2012 10:28:34

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) Leroy steven, my brother used the same (99%) affidavit you plan to use to apply for transfer, dua kali pun ditewaskan oleh 2 banks, 2 law firms. So, if you are applying to transfer to buy time, fine but if you really hope to succeed in your transfer application, slim chance, unless your mother, wife or a loved one is really very sick some terminal illness. Got to show proof. 12 Jan, 2012 17:28:29

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Hi Steven, Even if you did not succeed in the transfer and then also lose the summary judgment, you can appeal to the Penang High Court. For the the appeal, the appellant ( you ) gets to choose which High Court to hear the appeal. This will put pressure on the bank lawyers to travel. 12 Jan, 2012 18:32:37

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) real mom What if I truly have reason that I need to rush home to take care children from school coz i'm a fulltime housewife. AND how to proof this? 12 Jan, 2012 21:56:50

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) real mom continuous... because I need to change location (from MM KL to Putrajaya/Ampang) and time also (from 2pm change to 9am). Any idea how to proof I am a housewife? 12 Jan, 2012 21:59:56

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) Leroy real mom, short of a life & death situation, it is unlikely the judge would rule in your favour. Remember this rule of thumb: based on past such cases, the court has almost always ruled in the bank's favour. If your purpose for transfer is to buy time, that is, delay being made a bankrupt within 6 months or so, go ahead and apply for the transfer but be prepared to lose your case. Cost wise, you don't lose much even if you lose. And no worries, you won't go to jail either. Hope this helps. 12 Jan, 2012 22:09:50

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) real mom Thanks Leroy, BUT my reason to transfer is real, I am not intend to use it to BUY TIME. I really need to change the time & location, otherwise I really don't know how to handle my kids after they back from school. Anyone have ideas how to proof this to judge, so my transfer will be approved? 12 Jan, 2012 23:07:20

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, TQVM for your advice. I have no idea, how? According to William's book, i need to "file 3 copies of the Notice and 1 copy of the Affidavit. Pay RM10 for the notice and RM4 for the affidavit. Collect back the sealed (stamped) copies after a few days and send one to the bank law firm accompany by a cover letter by A.R mail" 1)Does that means i need to go down to KL to do it and wait for 2 or 3 days to collect back the sealed copies? Can't I get them on the spot, say within a few hours.? 2)If the above matter was done accordingly, on the 2nd Hearing, the Magistrate Judge will refer to my Notice of Transfer and Affidavit, is that right? 3) What about the Mediation form which I had send to the bank lawyer today,(I am waiting for the Plaintiff to reply), if they agree, how will it affect my Notice of Transfer? regards, steven 13 Jan, 2012 00:48:02

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer According to William's book, i need to "file 3 copies of the Notice and 1 copy of the Affidavit. Pay RM10 for the notice and RM4 for the affidavit. Collect back the sealed (stamped) copies after a few days and send one to the bank law firm accompany by a cover letter by A.R mail" 1)Does that means i need to go down to KL to do it and wait for 2 or 3 days to collect back the sealed copies? Can't I get them on the spot, say within a few hours.? If they do e-filing, you can go home and print your 2 sealed copies from the efiling website. If they do manual filing, ask them to mail the sealed copies to you so you don't need to collect. 2)If the above matter was done accordingly, on the 2nd Hearing, the Magistrate Judge will refer to my Notice of Transfer and Affidavit, is that right? If the sealed Notice of Application sets the date the same as the 2nd mention, then the hearing for the transfer application may happen on that day ( if both parties are ready to argue ). But if the 2nd mention date is too close or the bank lawyer is not ready, then the judge/sar may set another date for hearing of the transfer application. You should get ready your Skeleton Submission for the transfer in case the hearing happens. Post it here. 3) What about the Mediation form which I had send to the bank lawyer today,(I am waiting for the Plaintiff to reply), if they agree, how will it affect my Notice of Transfer? Even if they agree to go for mediation, mediation could end with no result. So, the Transfer Application can continue as if there is no mediation involved, unless both parties agree to suspend the normal court proceddings until mediation is disposed of. real mom, Post your Notice of Application for transfer and your Supporting Affidavit in another thread for us to check and fine-tune. (copy steven's format and William Chan's book) A transfer can be obtained if your case is genuine. 13 Jan, 2012 08:43:59

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven hi notalawyer, I went to Jln Duta Magistrate court to do e-filing because all summons cases after March 2011 will have to do e-filing. I only need to submit ONE copy of Notis of Applicaton and ONE copy of Sworn Affadavit to the counter clerk at Counter No 4, Aras 1 for Lower Court. Then wait for both of the 2 documents to be scanned at counter no.3 When I received my queue no. at counter no.3 together with my scanned documents, I need to submit to the counter no.10 and wait for the clerk to get those documents filed and she will print out an invoice, returned to me those 2 documents and told me to go to the opposite site of this building and make payments i.e RM10 for Notis of Applicstion and RM4 for Affidavit. After that I can go home and wait for 2 days to download only NOTIS of APPLICATION, the Affidavit cannot be printed but written "PROCESSED" I had sent One SEALED copy of the NOTIS of APPLICATION and the sworn Affidavit to the bank lawyer. The date for 2nd Hearing will be fixed at 30 Jan 2012 at 9.00AM. 1) I had no idea how to come out with a skeleton submision except that I remenber when the bank accepted my AKPK payment which was to convert all my CC debt into TERM LOAN with 10% p.a. So far there was NO AGREEMENT to that effect! 2)Now this bank is charging me the same 10% p.a. with a term loan account number which means the bank has accepted to convert my CC debt to TERM loan. BUT the amount accumulated, according to AKPK, should not include LATE PAYMENT, MINIMUM PAYMENT CHARGED, and COMPOUND INTEREST. Pls show me example How to draft a Skeleton submission here. Thank you very much steven 26 Jan, 2012 23:21:45

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer Congratulations on your courage to stand up for your rights. Pls show me example How to draft a Skeleton submission here. I don't think the hearing for the transfer application will happen on 30th Jan as it is too close. Is there a date printed on the sealed Notice of Application? Most likely the hearing will be set for another date as the bank lawyers have not replied your affidavit yet. However, in the unlikely event the hearing do start on 30th, you can say that the bank does not object to your application as they did not file a reply your affidavit, and then ask the judge/sar to allow your application. ( just oral submission will do ) Good Luck. 27 Jan, 2012 07:22:46

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven hi notalawyer, The date printed on the NOTIS PERMOHONAN is 30-Jan-2012 09:00:00 AM. I was instructed to amend and initial at bottom where Pendaftar to sign and the location of Mahkamah Sesyen is KUALA LUMPUR and not Shah Alam. William's book need amendment. The bank's lawyer up to date have NOT reply to my MEDIATION Agreement, I only get back my A.R. yellow card confirm they had received my documents. Notis Permohonan and Affidavit I filed them on 16th Jan 2012 and send to them on 19th Jan 2012, so far have NOT received any reply yet. Thanks for your encouragement. steven 27 Jan, 2012 10:12:03

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, I went for the 2nd Hearing at 9.00am. The Plaintif (a young lady malay lawyer) told the Judge that she did not receive my NOTIS PERMOHONAN and AFIDAVIT. Therefore the Plaintif request the Judge to postpone this Hearing and the Lady Judge allow 3rd Hearing on 24th FEB 2012 at 9.30am and request the Plaintif to reply to my Afidavit. 1)What if I do NOT agree to the request by Plaintiff to postpone this Hearing and want the Judge to straight away issue an order to Transfer the case to PG with cost to me since I already proved my posting date vide the Registered Slip. Can that be allowed by the Judge? 2)I have to go to KL again on 8th FEB 2012 at 9.00am for the 2nd Hearing between Bank R and myself. To date the Plaintif still have not replied to my Notis Permohonan and Afidavit! What should I say to the Judge if the Plaintif say she has not received them OR her client has not replied to Plaintif? 3)I had also send out 3 copies of Mediation Agreement form for both Plaintif to sign if they agree to mediate. To-date NO REPLY. They may wait for the outcome of the Hearings before they decide, right? Thanks for your help steven 01 Feb, 2012 00:13:44

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer I went for the 2nd Hearing at 9.00am. The Plaintif (a young lady malay lawyer) told the Judge that she did not receive my NOTIS PERMOHONAN and AFIDAVIT. Therefore the Plaintif request the Judge to postpone this Hearing and the Lady Judge allow 3rd Hearing on 24th FEB 2012 at 9.30am and request the Plaintif to reply to my Afidavit. I told you this is most likely to happen right... 1)What if I do NOT agree to the request by Plaintiff to postpone this Hearing and want the Judge to straight away issue an order to Transfer the case to PG with cost to me since I already proved my posting date vide the Registered Slip. Can that be allowed by the Judge? What did you say to the judge when you did not agree? When did you post the Notice and Affidavit to the bank lawyers? 2)I have to go to KL again on 8th FEB 2012 at 9.00am for the 2nd Hearing between Bank R and myself. To date the Plaintif still have not replied to my Notis Permohonan and Afidavit! What should I say to the Judge if the Plaintif say she has not received them OR her client has not replied to Plaintif? If the client has not replied to the bank lawyers, that is not your problem. If you sent the Notis and Afidavit more than 14 days ago, you could tell the judge that it is already more than 14 days since posting and insist on starting the hearing on that day itself. However, once the Judge has decided to postpone the hearing, don't argue with the judge. 3)I had also send out 3 copies of Mediation Agreement form for both Plaintif to sign if they agree to mediate. To-date NO REPLY. They may wait for the outcome of the Hearings before they decide, right? Did you send to the bank or the bank law firm? Waitlah, nobody can force anybody to reply. 01 Feb, 2012 08:47:02

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, On 8th Feb 2012 went to attend 2nd Hearing. I was delighted to hear that Plaintiff told the Judge that Bank R decided to withdraw the case because she was told that my case is still under DMP. I immediately ask for cost. The young Judge look at the Plaintiff and ask "what do think?" The Plaintiff said "Not allowed due to this case is still under AKPK" The Judge said "OK, no cost allowed" I don't want to argue. I keep quiet. I know the bank had made a mistake because I was not in the DMP since last year April due to default payments. I went down to see a lawyer station at the Legal Aid Department. He told me my CC debts is still a debt to the Bank, they will wait for the amount to accumulate until RM30k then they will re-file again to sue me for bankrupt. is that correct? By 24th Feb 2012, I will go to attend a 3rd Hearing with the 1st Bank, which the bank lawyer is suppose to reply to my Notis Permohonan and Afidavit. But to date have NOT receive any letter. If by the time NO reply is received, should I tell the Judge to allow my application to transfer this case to PG? Normally I sent letters to Banks' lawyers, NO cc to banks. Is that incorrect way? If the lawyer reply my affidavit much later, what do i need to do? thanks and regards steven 11 Feb, 2012 11:33:20

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer I was delighted to hear that Plaintiff told the Judge that Bank R decided to withdraw the case because she was told that my case is still under DMP. Congratulations! You have won your first case so easily. Recently many banks withdraw their lawsuits when they found out that the borrower has bought William Chan's book. This is their way to "cut loss" before their legal costs escalate. I immediately ask for cost. The young Judge look at the Plaintiff and ask "what do you think?" The Plaintiff said "Not allowed due to this case is still under AKPK" The Judge said "OK, no cost allowed" This must be the stupidest Judge ever, totally unfit to sit on the bench. Whether to allow costs or not has nothing to do with DMP or AKPK or what car your grandmother drive. By law, if you have not filed your defence ( no matter how stupid it is ), the plaintiff can withdraw without costs. 10 days after you have filed your defence, the plaintiff normally has to pay costs. I went down to see a lawyer station at the Legal Aid Department. He told me my CC debts is still a debt to the Bank, they will wait for the amount to accumulate until RM30k then they will re-file again to sue me for bankrupt. is that correct? The bank can re-file, but from experience most likely they will not, because you are a difficult opponent. By 24th Feb 2012, I will go to attend a 3rd Hearing with the 1st Bank, which the bank lawyer is suppose to reply to my Notis Permohonan and Afidavit. But to date have NOT receive any letter. If by the time NO reply is received, should I tell the Judge to allow my application to transfer this case to PG? If by 24th Feb, no reply affidavits, most likely this bank will also withdraw the case or ask for postponement again. If they start the hearing without replying your affidavit, they must be really stupid, because then you can ask to judge to allow your transfer application as it must be taken (deemed) that they do not object to your application. Normally I sent letters to Banks' lawyers, NO cc to banks. Is that incorrect way? Yes, this is the correct way. If the lawyer reply my affidavit much later, what do i need to do? If they reply a few days before the hearing or on the day itself, you can ask for another hearing date to give you time to study and reply their affidavit again. Let's go celebrate your victory! 11 Feb, 2012 18:03:54

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, My 3rd Hearing will be on 24th Feb 2012 at 9.30am. I received bank's lawyer letter dated 17th Feb replying to my Afidavit (to transfer case to PG) 1)How to answer the plaintif afidavit when only 7 days were given? ( The bank disagree to the transfer) 2)Do I still ask for time to find lawyer to answer this afidavit.? What if the Judge disallow? Do I have to prepare my skeleton speech or oral submission? 3)That Bank R which withdraw the case has not give me a letter todate. Is the bank waiting for the Judge to give a written verdict to the bank before forward to me? regards, steven 20 Feb, 2012 00:05:21

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) notalawyer 1)How to answer the plaintif afidavit when only 7 days were given? ( The bank disagree to the transfer) Post the new affidavit here. 2)Do I still ask for time to find lawyer to answer this afidavit.? What if the Judge disallow? Do I have to prepare my skeleton speech or oral submission? Maybe can ask for a new date to study or reply the bank's new affidavit. By law you should be given 14 days to reply. 3)That Bank R which withdraw the case has not give me a letter todate. Is the bank waiting for the Judge to give a written verdict to the bank before forward to me? Because no costs were awarded, normally the Judge will not create an "Order" in the file, so you can't get a written Court Order. So there will be no written result. 20 Feb, 2012 10:57:19

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) Nicky @steven, Someone here been through exactly what you are going through now, he applied for transfer with affidavit, bank replied with an affidavit to give reasons why they object, at the hearing, the bank lawyer threw out some case laws, judge ruled in the bank's favour. It was bert or 1818 I think. Hope the outcome for your case is different. Good luck. 20 Feb, 2012 15:51:49

RE:Bank's lawyer Summon me to appear court 1st mention (modified 0 times) steven Hi notalawyer, here is the Afidavit Plaintiffile by a bank manager) 1)Walaupun tempat bermastautin Defendan adalah harus diambil kira semasa pemfailan kuasa tindakan, akan tetapi alasan ini bukan merupakan satu alasan yang muktamad di mana mahkamah harus mengambil kira. Sebaliknya, tempat di mana keingkaran kontrak berlaku yang juga merupakan alasan muktamad yang diperuntukkan oleh undang-undang. 2)Bayaran ansuran bulanan adalah harus dibayar kepada Pusat Bankcard Xxxxbank yang beralamat di Kuala Lumpur dan bukannya di PG 3)Memandangkan pembayaran adalah harus dibuat kepada bank plaintif di KL, maka apabila defendan gagal membuat pembayaran, ini bermaksud keingkaran pembayaran adalah berlaku di KL bukan di PG 4)Berdasarkan kepada hujahan-hujahan di atas, saya setelah dinasihatkan oleh peguamcara plaintif dan dengan sesunguhnya percaya bahawa mahkamah yang mempunyai bidangkuasa untuk mendengar kes ini adalah merupakan mahkamah majistret KL. 5)Oleh yang demikian, saya dengan sesungguhnya percaya bahawa permohonan defendan adalah tidak bermerit, maka saya dengan rendah diri memohon kepada Mahkamah Yang Mulia ini untuk menolak permohonan defendan dean kos. Diikrar oleh xxx xxx xxx pada haribulan 17 FEB 2012 di KL My arguement would be A)All my payments were made to the bank teller machine in PG with the receipts printed "XXXXX BANK PG" how can i be paying in KL? B)In my Afidavit, I add that I have to take care of my mother's (age 78) living expenses as she was handicaped at her left leg since 1998 due to accident. Thanks for you advice. steven 20 Feb, 2012 23:30:36

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