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> CTOS - ERF Sdn Bhd, Summons & Bankruptcy Action by ERF

BoxCarRacer
post Sep 10 2011, 01:59 AM, updated 4 years ago


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Hi guys,

Need your expert advice & opinions on this matter. Appreciate it guys.

Here's the issue :

My dad used to run an E&I Subcontracting company in the mid 90's. When I finished school in '99, he brought me along with his trusted manager to this place called ERF Sdn. Bhd. (http://www.erf.com.my/web/terms.htm) somewhere in KL area. He said that he needs to use my name and the managers name as part of the Company Director in order to secure loan for his next project. Breakdown is like this :

My dad : 98% of shares
Me : 1% of shares
Manager : 1% of shares

Without ever doubt or questioning him (obviously as he's my dad), i ignorantly sign all the documents and papers that were given to me. The loan amount that he took was roughly around RM300K++.

A year later, thanks to the "take their own sweet time" attitude of JKR and other contractors in term of payment, my dad got no choice but to wind up the company with several creditors chasing him as well. I received a lot of letters from lawyers but at that time, I was still studying so I couldn't be bothered by it at all.

11 years gone until recently, when I want to use my name as a guarantor for my wifes car, the bank that we submitted for loan declined my name as CTOS shows that I got 7 summonses! I even got a bankruptcy hearing summons. The best part is, i don't even know about it. This probably due to my constant move of a place to stay I guess.

I took down the contact number of ERF Sdn. Bhd. but nobodys picking up the line. I have been calling them for 2 days straight now.

My question is do they still exist? How to contact them? anybody work or know someone working there before?

Is there anyway I can clear my name from this mess? Should I go to BNM straight away? Contact CTOS? or should I direct liase with ERF themselves?

Help please. I am running out of options right now. Thanks!
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tchtax
post Sep 10 2011, 07:02 AM


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You may need legal help.
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BoxCarRacer
post Sep 11 2011, 10:31 AM


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QUOTE(tchtax @ Sep 10 2011, 07:02 AM)
You may need legal help.
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Ok. Any advise on where to start?

Anyone share the fate as I am? cry.gif
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happy4ever
post Sep 11 2011, 03:47 PM


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Did you contact your dad on this?
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budakdegilz
post Sep 11 2011, 03:49 PM


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in my opinion better you check with CTOS first...

so have you had any trouble applying loan from bank before???
if yes...check with CCRIS also...
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ccslink
post Sep 11 2011, 04:07 PM


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Every sin, mistake, misunderstanding is recorded in heaven ...& CTOS, no use going to CTOS. CTOS is just a collecting & recording system.
The bank can choose to ignore your records in CTOS if they want. Judge & jury is the bank, sort it out with them, CTOS can't help u.
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Battle-Hardened
post Sep 12 2011, 03:02 PM


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You can also try Jab Insolvensi Malaysia (Pertama Complex), to check your bankruptcy status.
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happy4ever
post Sep 13 2011, 04:46 AM


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Please go to your sneaky dad first and find out in the contract what exactly you have gotten yourself into (bimbo lo, simply sign)

And findout which bank he took the loan from.

And find out what happened to the summons

and find why your dad didnt service the loan and keep you in the dark

and if your dad really was your real dad.
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BoxCarRacer
post Sep 13 2011, 11:37 PM


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QUOTE(happy4ever @ Sep 11 2011, 03:47 PM)
Did you contact your dad on this?
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Yes. Apparently, he couldn't be bothered. He has other financial problems beside this matter.


QUOTE(budakdegilz @ Sep 11 2011, 03:49 PM)
in my opinion better you check with CTOS first...

so have you had any trouble applying loan from bank before???
if yes...check with CCRIS also...
*
I went to Bank Negara yesterday & I have a clean record (no liability).


QUOTE(ccslink @ Sep 11 2011, 04:07 PM)
Every sin, mistake, misunderstanding is recorded in heaven ...& CTOS, no use going to CTOS. CTOS is just a collecting & recording system.
The bank can choose to ignore your records in CTOS if they want. Judge & jury is the bank, sort it out with them, CTOS can't help u.
*
I guess you are right. I have summons backdated to the year 2000. I still can't believe my mother were able to refinance her car using my name in the year 2005. Guess the bank really can ignore the CTOS thingy.

BNM impose more strict ruling nowadays huh?


QUOTE(Battle-Hardened @ Sep 12 2011, 03:02 PM)
You can also try Jab Insolvensi Malaysia (Pertama Complex), to check your bankruptcy status.
*
CTOS record shows that I have a bankruptcy notice issued to me but no record shown at Jabatan Insolvensi.


QUOTE(happy4ever @ Sep 13 2011, 04:46 AM)
Please go to your sneaky dad first and find out in the contract what exactly you have gotten yourself into (bimbo lo, simply sign)

And findout which bank he took the loan from.

And find out what happened to the summons

and find why your dad didnt service the loan and keep you in the dark

and if your dad really was your real dad.
*
Ok here's what i manage to get from the CTOS record :

1. Bankruptcy Notice Issued : ERF Sdn. Bhd.
- Notice Date : 2009

2. Direction Of A Company With Petition Or Winding-Up Order Issued : ERF Sdn. Bhd.
- Petition Date : 2008

3. Summons to me : KWSP
- Action Date : 2007
- Remarks : This one settled. Shocked when I can't leave the country. Paid a hefty RM7K settlement because the company secretary didn't do their job of closing the account.

4. Summons to me : ERF Sdn. Bhd.
- Action Date : 2004

5. Summons to me : ERF Sdn. Bhd.
- Action Date : 2004

6. Summons to me : ERF Sdn. Bhd.
- Action Date : 2004

7. Summons to me : ERF Sdn. Bhd.
- Action Date : 2004

8. Direction Of A Company With Petition Or Winding-Up Order Issued : Weld-On Engineering Supply
- Petition Date : 2001
- Remarks : Petition Withdrawn on 130502



I am really in deep sh*t rclxub.gif

Anybody knows this ERF Sdn. Bhd.? I am going up KL this weekend. Probably will drop by at the office address taken from BNM website. Hope they are still there hmm.gif hmm.gif


Added on September 19, 2011, 10:53 pmUpdates :

Went to SSM to inquire about the company but guess what, the ERF Sdn. Bhd. has wind up in 2008! No contact no what so ever.

The exec at SSM advice me to get a lawyer & contact the ERF company secretary.

Is it a good move or should I just go to BNM and ask their opinion?

Btw, if the company already wind up, what are my chances of getting sued by them again?

This post has been edited by BoxCarRacer: Sep 19 2011, 10:53 PM
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