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 | Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| Hello,
I have an outstanding credit balance for my UOB card totaling RM3.7k...And right just now, i received a letter from the court asking me to attend the hearing on the 08/02/10...I have been following this forum and i understand that the bank cannot sue me bankrupt because im owing less than RM30K...suppose that i decide not to attend the hearing, the court will then proceed with the "judgement" thingy, am i right to say this? and..:
1)If the court issues WSS..will they seize my car although it is not fully paid yet?
2)If i admit to their claims (by not attending the hearing and fight)....will i be sued bankrupt in this six years time?im not good in calculation by as far as im concern,im only owing RM 3.7k...by 6 years time i dont think my debt will reach RM 30k due to the limitation act,am i right to say this?
I really need your help here guys.....thanks a lot in advance....and if you do by any chance view my post,Notalawyer,please do reply as im looking forward to hear your opinion.... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| wrong icon...i was smiling... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | vkpc | |
| 3.7k only also cannot pay meh? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| if got money surely i'll pay lorr....but now no money thats why im asking...plus no job right now... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
1. No. The car belongs to another bank until it is fully paid up. You are only renting the car from the bank.
2. Since the amount owing is small, don't attend court also can.
UOB is the only bank which will sue it's customers for amounts less than RM 5k.
No other bank does that.
Maybe their panel lawyers have no other job to do. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwdupbigtime | |
| Thanks for the reply notalawyer..u made me feel very relieved now so does this mean that i wont be sued for bankruptcy or the bank would somehow find a way to make me bankrupt? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
(4) An action to recover any penalty or forfeiture or sum by
way of penalty or forfeiture recoverable by virtue of any written
law shall not be brought after the expiration of one year from the
date on which the cause of action accrued:
Provided that for the purpose of this subsection the expression
“penalty” shall not include a fine to which a person is liable on
conviction for a criminal offence.
Does the excerpt above means that after a year of not paying my debts, the penalty or fines such as late payment charges and also overlimit charges will not be counted thereafter?
Thank you in advance...hope all of you could light me up on this as i've no idea on what that excerpt really means.... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| from the limitation act 1953..but i cant understand law terms though.. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| anyway notalawyer..i dont really understand what it means...im assuming that after a year time all the penalties such as late payment charges and overlimit charges will be "vapourized"..am i right to say this??im hoping that anyone of you could share your knowledge on this with me..i appreciate your help as it could provide me with a peaceful state of mind...many thanks.. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
| It sure seems like it.
The bank may argue that the penalties are due from the agreement between you and the bank, not from "virtue of any written law".
You can argue that the agreement's binding properties are due the clauses in "Contracts Act" which is a law,
and also since penalties by way of laws are already not allowed after 1 year, what more mere contracts which are subservient to (smaller than) any law.
I think this issue needs to be tested in a Court of Law. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| thanks for the reply notalawyer...i really appreciate your feedback...i believe what you said is very true and it made a lot of sense to me...although it is a contract engaged between myself and the bank,the agreement surely must have been backed by any other law (Contract Law as you mentioned)am i right to say this?? and by right,even if the penalties are not "vaporized" in a years time,i believe (as what i've seen in other threads)i will still not be sued for bankruptcy within the period of 6 years due to the limitation act...please correct me if im wrong... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
You have to calculate the interests yourself to see if it the amount owing can break 30k within 6 years from the court date.
You may need a financial calculator to calculate the accumulating interest.
On the bright side, no bank i know would try to make anybody bankrupt from an original amount owing of less than 10k, except some crazy banks like
maybe UOB. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Takethemon | |
| Dear Notalawyer/Screwadupbigtime,
I am now drafting my replies to the affidavits supporting the plaintiff application for Order 26 A. Among the money claim are late charges. I would like to quote the limitations on penalty charges as highligted by Screwadupbigtime to fight my case. Would appreciate if you could tell me where to get hold of a copy of this ACT.
Thanks | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
| Dear TakeTheMon,
http://mylawyer.com.my/statue_eng.php
Good Luck. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| Dear Notalawyer,
I've went through the contracts law, and i found this...
Agreement without consideration, void, unless -
or is a promise to pay debt barred by limitation law
(c) it is a promise, made in writing and signed by the person to be charged therewith,
or by his agent generally or specially authorized in that behalf, to pay wholly
or in part a debt in which the creditor might have enforced paymnet but for the
law for the limitatin of suits.
I dont really understand the meaning though...but does this act backs up the agreement between me and bank although there are limitation act?meaning to say that,with this act..the could still charge me for penalties and other charges although there's limitation act..can you help me to clarify this?? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
No.
It doesn't prevent application of any limitation.
In fact this clause talks about something totally different.
It just says that if you sign a contract promising to give your motorbike to another, that contract is void because there is no mention of payment (consideration) for the bike.
Are you planning to contest your case in court? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| I see.Thank you so much for the clarification Notalawyer,u've been a great help..
well, i dont have any plans yet Notalawyer, but do you think its a good idea for me to go for the proceedings? no offense but if i go to the court i might still end up losing, and might as well i dont go the court and admit to their claims indirectly...or do you have a better suggestion for me?sorry but im a bit confuse whether to go or not to go..i've read your thread on representing yourself to court and i find it very helpful but im still in a midst of clearing my thinking and my judgements are still cloudy..what say you notalawyer??ur opinions might be a big help for me | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
If you want to learn more about the courts and law, personal experience is the best.
It can help you gain confidence in Public Speaking.
Who knows, your knowledge it might become handy later in life.
You can also help others in this forum with your experience. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
Noted..Thank you for that..i will go through your post back and we'll see how it goes from there..even if i lose the case (and i know for sure i'll lose  hehehehe) i will still get the valuable experience from there...u're right Notalawyer,helping people is the thing that i've wanted to do the most ever since i've been out of job..thanks for that.. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Futurelawyer | |
| Apa punya bank la..small amount pun want to take to court ka... by the way if the Bank bring your case to court .. any legal cost they will debit into your account means your debt will increase together with your accumulated interest. I suggest that during hearing u go to the court if you have time la..just agreed with the Judge you have a debt with the Bank..or let the Bank get consent Judgment against you. The earlier Bank obtained Judgment is the better cos you want limitation period. Normaly if i not wrong if the Bank not execute Judgment after 6 years limitation act will applicable.
The bank can proceed or execute the Judgment against you by way of WSS. In this case if they know you have assets lah..normally Bank woulnt proceed cos you debt is small but do not with this Bank.
Good Luck | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| Thanks for your opinion Futurelawyer...thats why...i believe its ridiculous to bring this to court as im only owing such a small amount..what is the difference if i dont go to court and if i go to court and admit to their claims?and if i go to court,is the legal fees going to debit my account as well? and doesnt the limitation act applies after a year as well (for charges like overlimit charges and late payments)?? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | firefly | |
Some lawyer firm need to make money, so they "pakat" with uob executives to saman every small case so they bank pay them and
charge the customers. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Eunice Lim | |
| Dear futurelawyer,
may i know what is the amount will bank execute WSS to the debtor? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | vkpc | |
Banks will not do WSS on anybody unless it is a multi-millionaire's house.
They are not so stupid. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Eunice Lim | |
| Hi Vkpc,
Does it mean bank need to pay if they execute WSS? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
First they have to pay lawyers to apply for WSS.
Then they have to pay courts fees for the application.
Then maybe have to pay private detectives to find where is your new address.
Then have to pay court bailiffs to come to your house 2 times.
Then have to pay lorry to collect your things which is worth almost nothing.
Then have to pay rental for storage at the court every month.
Then have to pay auction fees every time they try to sell your things which cannot be sold.
Then have to do accounting statement for you to show how much they sold and how much still owing.
Still think the bank will do WSS?
Banks never do WSS on normal people's house. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Futurelawyer | |
| Bank can do WSS if they got Judgment against you..debt at any amounts... | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | Eunice Lim | |
| Dear Notalawyer,
Then is bank/creditor RIGHT to execute from time to time? Especially during the serving of bankruptcy. Is any limitation of time? How probably will bank/creditor send their detective to spy our financial status? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
If the bank decide to proceed with bankruptcy, they cannot do WSS.
Why you afraid of detectives spying on your shop? You are not the one bankrupt.
There is a limitation.
If 6 years after judgment the bank did not execute the judgment ( make you bankrupt or do wss ), then they cannot execute anymore.
But let me repeat again,
1. Banks cannot do WSS on your shop because it does not belong to your husband.
2. Banks are not so stupid to do WSS on your house, and they never do WSS on normal people's house. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| what if after the limitation act (six years after) and the bank still chase for payments and trying to summon us for our debts??it shouldnt happen right??but if it does..does the limitation act helps us to ignore the summmons? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notalawyer | |
If after 6 years they still chase you, just ask them to fly kite and hang up.
If after 6 years they summon you, just mention the 6 year limitation in your defence and you will win with costs. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | dragonking | |
| My friend....
This is too small an amount not to pay. first thing - attend court and tell the judge that you are willing to pay X amount and trust me if the judge say on....the banks can't do anything else but to comply. So don't worry attend and speak to the judge. Good Luck | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | firefly | |
Not true.
The judge cannot force the banks to accept any settlement they don't want.
If you want to make any offer, the judge will ask you to negotiate directly with the bank. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| thanks for your advise dragonking and firefly,
What i'll do now is to attend the hearing and negotiate a settelment...we'll see how it goes... | |
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| Court Hearing on 08/02/2010..Please Help (modified 0 times) | lucky one? | |
How's your court hearing on 8 Feb 2010?
Mine is on 24 Feb 2010 issued by AmBank for RM15k.
In fact, i have another few cards and two personal loans in default. Initial amount not more than 30k. However, bank with personal loan add up all future collectable interests to add up to 30k in their claims for full payment. Can they do that? | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | notapro | |
| Hi screwedupbigtime,
(1) Your debt RM3.7k is too small, the bank would have to write it off.
UOB seems "gila" to institute legal proceeding against you.
It is wastage of time, effort, money and resources. And finally cannot
make you a bankrupt as your debt takes more than 6 years to "sampai" RM30k.
I think the bank just wants to flex her muscles and play play! I believe debt
that is below RM5k is categorized as "written off". Banks won't annouce this
to us otherwise people can abuse it.
(2) WSS is normally done on companies with a lot of their stocks and barrels
like machineries, etc. A normal home's contents have nothing of much value
unless you have ancient artefacts worth lots of money. | |
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| RE:Court Hearing on 08/02/2010..Please Help (modified 0 times) | screwedupbigtime | |
| Thank you for the reply notapro...i felt very relieved to hear your comments...its ont that i dont want to pay..but since ive lost my job..everything seems to fall apart.... | |
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