Home / Malaysia Employment & Labor Law / Benefits, EPF, Pensions & SOCSO Bank A/C Frozen, No pension!! Bank A/C Frozen and Pension not available

Bank A/C Frozen, No pension!! (modified 0 times) jnathan88 Profile | Email Hi all, This is my first time writing. I hope I can get some advise. I have just to come to know of this problem affecting my dad, and I need some advise, as money is tight and we may not be able to afford a lawyer. 17 yrs ago my dad sold our house. There was some RPGT tax to be paid, but it was not paid by the lawyers handling the purchase. In 2000 my Dad tried to re-new his passport and found out it was blocked. After searching high and low, he found out it was because of this o/s amt with IRB. He subsequently, paid the taxes and his passport was allowed to be renewed. Apparently he was able to re-claim the monies from the lawyer. He considered the matter settled at that time. In Aug/Sept last year (i think), his bank account was frozen. After another investigative process of going back to Maybank branches and HQ he finally managed to find out that there the there might be a judegemnt against him by the IRB for that tax amount. When checking with IRB, apparently there is seems to be no record of the payment at (state level) IRB. He made the payment at IRB )HQ in KL. Problem is my dad doesn't have the original receipt anymore. All he has , is a letter to immigration stating that the passport be allowed to be renewd. He was not notified of any impending action against him, or was served anything. For your info he is still living at the same address all this time. Since his pension is going to that bank account, he has no longer any source of income. Since the account was frozen, he has been using his credit card to make cash withdrawls (from C.card) to survive. Now he can't afford to pay (about Rm12K) and the bank is chasing him. In the past he had borrowed money from me to pay off the abnk, (we had no idea of his problems) Only now has he confided the story to me. My mother is sickly (stroke) and he needs to take care of her. Therefore he can't have the luxury of running around to solve this matter either. We children are all outstation. I need some help as to what course of action should we take. Can he force the bank to deduct the amt owed from his a/c ( he has sufficient funds in a/c to offset the C.card debt). Can the bank be made to unfreeze the account as his pension is his only means of income. Can the IRB be questioned as to why action was taken without informing. (to date no demand has been made for payment as well). Can the IRB be sued if it can be proven that this was thier mistake. I am really lost as to how to proceed and my dad is in really desparate straits. My mother is sickly and he does need to take care of her as well as medications. We children are helping out now but the quantum is limited as we have our own families to support. We don't really have the kind of money it takes to pay off all debts and think or pursuing further legal action. To be honest, we are not interested in suing anybody for money. As long as the account is unfrozen, he can repay his debts, and even pay the IRB again (if need be) There are sufficient funds for that. Thanks in advance for all advise. Rgds 08 May, 2006 17:32:08

RE:Bank A/C Frozen, No pension!! (modified 0 times) FAIR You are making many multiple posting to show how eager you are seeking advice. You are making it a desperate move to "unfrozen" your father's bank account to meet the pressing repayment to his credit card and the possible double payment of his alleged debts to Income Tax. Your appeal is also the need of money for his wife's serious illness and his children are unable to support him since they have their own family to feed. He and his children have no luxury of time and money to attend to this matter. The logical answer is to leave it to others who have the time and money to do your bidding. You are really cute. I wish I can afford this luxury wish to meet with my daily problems. If your allegation that IRD did not issue notice and got judgment against your father is correct. Why not seek the court to annul the order obtained incorrectly. Your allegation that your father has been hiding from you this matter till lately is hard to be accepted without question. Is your father or you withholding important facts? Lossing the payment receipt from IRD is not the end of it. He can show IRD other evidence to support payment already made. I find your story hard to believe. I do know personally many others do making their sacrifices for justice rather than expecting others to sacrifice that they would not do for themselves. Is this right? 09 May, 2006 13:09:48

RE:Bank A/C Frozen, No pension!! (modified 0 times) jnathan88 Profile | Email @FAIR I appreciate your comments, but pls don't be too judegmental. Although money is tight, we are already supporting my dad & mom as much as we can. Of course time is impossible as I'm in Penang and Dad's in Seremban. To be honest, I have presented the facts as I know them (as told by my dad). How true they are, it depends. Maybe those who've had some similiar experience may be able to shed some light on this. Yes, we don't have the time, and dad has difficultly making time. It is a critical matter, that why I am seeking some advice, so that when I make the time to settle this matter, I have a good idea what needs to be done. As for legal fees involved, a ballpark figure would be helpful. I understand that money must be spent, to resolve this. I've been told that it may involve Rm12-15K. If thats true, then we need to prepare the financing to resolve this issue. FYI, I've never been to a lawyer for anyting other than to sign a P&S agreement. As you've mentioned, how do we go about getting the court to annul such judgement. I don't quite get your last paragraph. What do you mean. If you find what I've said hard to believe, then kindly share your thoughts as to which part appeards dodgy. You may be right after all. As for making sacrifices, we are all doing that already. I just need advice on how to proceed, what avenues there are. Do I write to IRB, Bank or how do I even get a copy of the judgegemnt from the court. Its those kind of things I'm talking about. If I have an idea how to move, then I can make the time to go down myself and see that these are done. I've asked my dad to try all these already, but he's been dragging his feet too. Rgds, 09 May, 2006 16:42:01

RE:Bank A/C Frozen, No pension!! (modified 0 times) FAIR Should you believe I was too harsh on you, I suggest you study the postings carefully. I suppose nobody would like to rush in helping one who does not help himself. You said you did not have the time and money in handling your own matter. Well, I cannot fault you since you are the master to your matter. Why others should rush to help you while you are not helping yourself. I find your story hard to believe. You do not seem to have relevant facts. Would it because your father deliberately did not give you the full facts? Or is it both of you do not know what are the relevant facts? I can accept for the latter, but the former is a little hard to stomach. I believe a reasonable well informed person may approach the matter in this way: 1. What is the legal justification for the bank to freeze the account? 2. Did your father still owe IRD the arrear? You fail to have the bank to confirm what is their justification for freezing the account. You only imagined it was due to a judgment obtained by IRD against your father. Why you do not see it prudent to demand the bank for an explanation? How strange that IRD got judgment against your father without his knowing. Had he being avoiding or closed his eyes to the notice of the suit? If your father had paid for the said sum of money to IRD less than 6 years ago, would he not having a recollection how and where did he paid the money? Losing the receipt is not the end of the matter. IRD surely can trace it easily if they have the relevant paying information. Pension payment. If receiving the money is important to you, why not advise the pension issuing authority of changing banking account? I suppose there is no requirement for them to send the pension only to that account given. I trust it is to your benefits to consider the following common sense: 1. Get the bank to state their justification(s) in frozen the account? 2. If it is due to IRD executing the court’s judgment, get the judgment copy from IRD. 3. Give IRD the information on the alleged payment made for verification. 4. Get the pension payment be made to new bank account. When the above information obtained, common sense would lead you how to resolve the problem. 02 Jun, 2006 02:20:56

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