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 Suspicious Telephone Calls on CC matters, Report here & Read this if you got a CC

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lollipop2014
post Jan 8 2014, 10:14 AM

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Hi All,

I would like to share my experience, where I received a call yesterday from someone name Pn Sharifah, she mentioned that she is from Kompleks Mahkamah Jalan Duta.

This is pertaining to my overdue credit card with XXX bank. Which I have failed to pay monthly payments for few consecutive months. My bad. I agreed.

She then, asked for my I/C number which I refused to. Then she asked for my full name for checking. This Puan then do a checking on her system (I guess), and spelled out my I/C number, and total amount of due which she reiterated that XXX bank has ordered her to file a case upon me.

She informed me that by 3pm today (yesterday), she will file a case upon me and I will be asked to attend for hearing on 10-Jan-13 which is Friday. Told her that I wouldn't be able to make it cos hey! its a weekday. She then says if I failed to attend, a warrant will be issued to me and I could be arrested.

She also mentioned that during the hearing day, I will be asked to settle total amount of overdue with XXX bank at the same day PLUS lawyer fee amounting RM3.5k, should I fail to, a warrant of ceasing my property will be issued directly.

She asked me to call this lady "K", saying that she is the one from XXX bank whom instructed her to file the case where maybe I could discuss to put on hold this case.

I then call this lady K, and she said if I pay total amount of I owed XXX bank by today (yesterday), she will uplift the instruction. I told her that I do not have that amount of money today, it is impossible for me to have it. The cost of living has rise greatly with my family which is now having financial problem due to my dad suddenly fell ill and is unfit to work.

She is okay for me to pay at least RM4k. Which I did. And she is asking me to pay the balance within a week time.

___________________________

Question :

1. Does the court really have the authority to cease my property?
2. Does the court really have the authority to issue a warrant to arrest me?
3. Do you think this Puan is really from Kompleks Mahkamah or she's just an agent from debt collector company?
4. Is it legal to disguise as someone from Kompleks Mahkamah?
5. That Puan also tried to blackmail me saying that she's gonna refer me to my superior (my boss), should I fail to adhere to the request. Is it permissible for her to reveal my situation to third party?

___________________________


I hope someone could help to answer these questions.



Thanks


Regards,
Lollipop
lollipop2014
post Jan 8 2014, 12:15 PM

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QUOTE(cfa28 @ Jan 8 2014, 11:39 AM)
The answer is Yes, if the Creditor can get a Court Order to that effect, but it won’t be easy to get such a Court Order. The Court Order also cannot cover Assets which are pledged to other Lenders such as Cars under Hire-Purchase or Houses under a Mortgage.

Also, the threshold to declare someone bankrupt is RM30K. Below this amount, even many Banks do not bother to take Court Action unless they know that you are rich (say driving a BMW) but refuse to pay your Credit Card / Personal Loan of <RM30K. 
Yes, the Court does have the authority to issue a Warrant of Arrest but why would the Court do that when it is easier and more beneficial for the Plaintiff (Lender) to obtain a “Judgement in Default” and merely serve in on you and get you to go through the appeal process which is more costly and complicated for you as the Defendant (Borrower)

Judgement in Default means “a judgment entered in favor of the plaintiff when the defendant defaults (fails to appear in court)”

http://www.thefreedictionary.com/judgement+by+default
There are thousand of cases going in Court every day and especially at the Main Courts in Jalan Duta. Hence, it would be very rare for someone claiming to be calling from Komplex Mahkamah Jalan Duta to call you. The probability is that this person is not a Court Official but perhaps either a Debt Collection Agency or Lawyer that has been appointed to pursue legal action.
Its of course, illegal to impersonate another person, especially a Government Official. Next time, ask for the NRIC of people claiming to be Government Officials, togetrt witht their ID Number, Office Number, specific Department, etc..
This is a common tactic to get borrowers to pay up.  Whether its legal or not, I will leave it to Lawyers to answer. I am actually not a Lawyer. But even if its illegal, what is your recourse then?  Make a Police Report which will only serve as a formality?  Do you have money to engage a Lawyer and sue them for damaging your reputation. That would be unlikely.

Son, some sincere advice.

You owe, you pay.  If you cannot pay in full, pay in instalments.  I take it that you’re still young, say < 30.

You have a long way to go, don’t tarnish your financial / credit history.  Its difficult to erase such black marks.

Added - just saw that your Dad fell ill.  Hope he is better. 

Did you receive any Letter of Demand from the Banks so far? If no, please go to AKPK for help. Google AKPK for the website and follow the links.
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Thanks for your inputs.

I do not plan to take any legal action even if it is proved that the caller was not an official. My concern is just that, I wont be able to pay the balances, around another 3k by next week, hence explains reason to my questions.

Yeah, life is difficult sometime, made a mistake and shall not do it twice. The mistake was not done by me, but caused by the surrounding and fate, which give me no other option.

I am not sure if there is/are letter(s) sent to my house as I have moved to my parents'. The address written in the CC registration form was my previous rental room house.

The lady "K" refused to allow me to pay in an installment mode, that is my concern. Can a bank do this? I didn't stop paying for long, just for 5 consecutive months and have made 60% of the debt cleared.


Thanks again

Rgds


lollipop2014
post Jan 8 2014, 01:18 PM

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