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 LAD Claim, Cost to engage legal representation

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roy_zu
post Jan 2 2018, 09:46 AM

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QUOTE(vambot @ Jan 2 2018, 08:10 AM)
This is my dilemma now, if I go to the tribunal the max claim is 50K and if I go court using lawyer after subtracting the services fee requested it will be about 50K that i receive also unless I can claim the the engagement cost as damages.
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Based on your own calculation, how much LAD should developer pay you?
TSvambot
post Jan 2 2018, 11:04 AM

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QUOTE(roy_zu @ Jan 2 2018, 09:46 AM)
Based on your own calculation, how much LAD should developer pay you?
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about 75K
roy_zu
post Jan 2 2018, 03:23 PM

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QUOTE(vambot @ Jan 2 2018, 11:04 AM)
about 75K
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Ok. Now, what is your actual loss due to this lateness? Actual loss means, the total monthly installment you paid to the bank during the this delay (where you had to pay without able to stay in the house). Did you check with any lawyer on the fees and how long this process will take? Calculate all this.

If you are going to tribunal, max 3 visits and the judge will grant you the LAD amount. So if you think 50k is a reasonable amont, you can consider proceed with Tribunal. My LAD claim process took just 45 days in total (Submission to payment cheque cleared by bank)
TSvambot
post Jan 2 2018, 04:42 PM

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QUOTE(roy_zu @ Jan 2 2018, 03:23 PM)
Ok. Now, what is your actual loss due to this lateness? Actual loss means, the total monthly installment you paid to the bank during the this delay (where you had to pay without able to stay in the house). Did you check with any lawyer on the fees and how long this process will take? Calculate all this.

If you are going to tribunal, max 3 visits and the judge will grant you the LAD amount. So if you think 50k is a reasonable amont, you can consider proceed with Tribunal. My LAD claim process took just 45 days in total (Submission to payment cheque cleared by bank)
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Installment to the bank would be around 30K for for the delay. Does this mean I can add the actual loss + lawyer fee to the amount I am trying to claim ?
roy_zu
post Jan 2 2018, 04:49 PM

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QUOTE(vambot @ Jan 2 2018, 04:42 PM)
Installment to the bank would be around 30K for for the delay. Does this mean I can add the actual loss + lawyer fee to the amount I am trying to claim ?
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No, I meant the actual loss vs LAD claim. To find a balance
dannychen
post Jan 6 2018, 09:54 PM

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QUOTE(roy_zu @ Jan 2 2018, 03:23 PM)
Ok. Now, what is your actual loss due to this lateness? Actual loss means, the total monthly installment you paid to the bank during the this delay (where you had to pay without able to stay in the house). Did you check with any lawyer on the fees and how long this process will take? Calculate all this.

If you are going to tribunal, max 3 visits and the judge will grant you the LAD amount. So if you think 50k is a reasonable amont, you can consider proceed with Tribunal. My LAD claim process took just 45 days in total (Submission to payment cheque cleared by bank)
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why need three days? suppose one day submission and another day for hearing? correct me if I'm wrong. so did you claim from spa date or booking date? what kind of proofs that we need to submit and show to the judge? medium of communication is english or malay?
jacky1678
post Jul 5 2018, 01:21 AM

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QUOTE(propertybuddy @ Jan 1 2018, 12:50 PM)
You should claim based on Booking date

Why?
By right, developer cannot collect any sort of payments (booking, etc) before purchaser sign the spa. So any payment considered as confirmation of purchase of the property. So developer must put the data of spa same as date of booking date. So that means u can claim using booking date instead of SPA date.

Another thing to take note, usually developer will give you a Vp date. But you shouldn't just calculate the date of late delivery until that date.

Why?
Because they can claim 1st Jan 2018. But the letter reached u 13th Jan 2018 due to what ever postal related delays. So, by right, you can claim the LAD up to 14 days + VP  date. Please keep the envelope of the VP  letter too bcos that stated the date on the stamp  to proof if they send out late or not.

And pls also claim the 20% of purchase price for the facilities..
Delay delivery don't just affect your unit but your facilities as well. So don't just accept LAD amount given by developer.
If you don't file this in, you're saving their money..their lad amount usually don't include this.

Happy filing for LAD

And

Happy New Year to all
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i fighting for it now bruce.gif bruce.gif bruce.gif bruce.gif bruce.gif bruce.gif
genchwan
post Aug 12 2018, 10:07 AM

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anyone knows how long does it take for procedure of submitting borang 1? Thinking about submitting it during lunch break instead of taking leave
BEANCOUNTER
post Aug 12 2018, 10:23 AM

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QUOTE(genchwan @ Aug 12 2018, 10:07 AM)
anyone knows how long does it take for procedure of submitting borang 1? Thinking about submitting it during lunch break instead of taking leave
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you also need to be there in person when the hearing date is fixed.
genchwan
post Aug 12 2018, 10:56 AM

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QUOTE(BEANCOUNTER @ Aug 12 2018, 10:23 AM)
you also need to be there in person when the hearing date is fixed.
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Yes. I know. Im asking about the first submission
jacky1678
post Aug 12 2018, 01:10 PM

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QUOTE(genchwan @ Aug 12 2018, 10:07 AM)
anyone knows how long does it take for procedure of submitting borang 1? Thinking about submitting it during lunch break instead of taking leave
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trust me, it take a while to do ur submission. i just finished the hearing and win the case. somehow i cant claimed that VP date due to the judge said it only 6 days different.


jacky1678
post Aug 12 2018, 01:14 PM

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QUOTE(genchwan @ Aug 12 2018, 10:56 AM)
Yes. I know. Im asking about the first submission
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for the hearing, i dont think u can go for just few hours...

Strongly recommend u take a day leave due to i attend the morning session around 9am and then it can drag till 4pm only completed to get the Award eventhought u r the first ,

u also need to wait for them cases all clear then only they will start filling the conclusion of the pieace of paper to given to you.





genchwan
post Aug 12 2018, 04:44 PM

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ok. thanks a lot
noregret96
post Sep 18 2018, 02:55 PM

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QUOTE(jacky1678 @ Aug 12 2018, 01:14 PM)
for the hearing, i dont think u can go for just few hours...

Strongly recommend u take a day leave due to i attend the morning session around 9am  and then it can drag till 4pm only completed to get the Award eventhought u r the first ,

u also need to wait for them cases all clear then only they will start filling the conclusion of the pieace of paper to given to you.
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Hi, do we need to personally deliver a copy of stamped Borang 1 by Tribunal to the developer address or I can post it using postlaju?

Thanks for your assistance.
jacky1678
post Sep 18 2018, 09:58 PM

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QUOTE(noregret96 @ Sep 18 2018, 02:55 PM)
Hi, do we need to personally deliver a copy of stamped Borang 1 by Tribunal to the developer address or I can post it using postlaju?

Thanks for your assistance.
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would be good u post it to developer directly else post laju will take ages even though it is local ....... post laju is already pos lambat... no more laju..... i took 1 week plus to deliver my borang 1....

borang 1 delivered n acknowledge by Developer and tribunal will ask developer side to deliver something to u and u need to fill up again and pay another rm10 , which mean total u need to pay rm 20. anyhow, u need to pass the document of borang 1 with acknoledge by bank and follow by the borang 3 if not mistaken .

hope it helps.
teddie
post Jan 2 2019, 11:52 PM

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QUOTE(jacky1678 @ Aug 12 2018, 01:10 PM)
trust me, it take a while to do ur submission.  i just finished the hearing and win the case. somehow i cant claimed that VP date due to the judge said it only 6 days different.
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Hi jacky, need you advise smile.gif what was the date you used to file against dev? My SPA date vs my signing date vs booking date is huge different. Different by 2 months.
jacky1678
post Jan 5 2019, 03:42 PM

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QUOTE(teddie @ Jan 2 2019, 11:52 PM)
Hi jacky, need you advise smile.gif what was the date you used to file against dev? My SPA date vs my signing date vs booking date is huge different. Different by 2 months.
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2 month then good la.. once u success belanja eat good one for me. laugh.gif laugh.gif laugh.gif

but to make ur thing smooth u can must ensure the 2 item:

1) Ensure you give book fees with cash during the booking date.
2) Ensure you are not alone which mean you are not the only one to fight in Tribunal.
I saying this becoz the Tribunal is only the first stage. if you are lucky then the tribunal is the final stage.

My advise to you is , always get more people or other tenants/Purchasers to claim the LAD in group. Then it is simple different story if the developer bring to hight court then you have sufficient fund to find the developer. if you no confident the developer to bring to hight court then pm me.. i intro lawyer to you , sure can win in hight court, provided you have number of members purchasers / owners with you so that on the lawyers fees also cheap for all of u.

I claimed that LAD i was alone .. .so i being unlucky one ....

Good luck.
teddie
post Jan 5 2019, 03:48 PM

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QUOTE(jacky1678 @ Jan 5 2019, 03:42 PM)
2 month then good la.. once u success belanja eat good one for me.  laugh.gif  laugh.gif  laugh.gif

but to make ur thing smooth u can must ensure the 2 item:

1) Ensure you give book fees with cash during the booking date.
2) Ensure you are not alone which mean you are not the only one to fight in Tribunal. 
    I saying this becoz the Tribunal is only the first stage.  if you are lucky then the tribunal is the final stage.

My advise to you is , always get more people or other tenants/Purchasers to claim the LAD in group. Then it is simple different story if the developer bring to hight court then you have sufficient fund to find the developer.  if you no confident the developer to bring to hight court then pm me.. i intro lawyer to you , sure can win in hight court, provided you have number of members  purchasers / owners with you so that on the lawyers fees also cheap for all of u. 

I claimed that LAD i was alone .. .so i being unlucky one ....

Good luck.
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Thank you jacky. I have official statement saying i paid 10k booking fee + developer's lawyer letter stating i have executed my SNP on 30 June.

I would like to know, did you claim base on the date on booking form? instead of SNP date. Because my cause, amount differ by 16k base on booking date.

Thank you again.


gladfly
post Jan 6 2019, 01:38 AM

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QUOTE(teddie @ Jan 5 2019, 03:48 PM)
Thank you jacky. I have official statement saying i paid 10k booking fee + developer's lawyer letter stating i have executed my SNP on 30 June.

I would like to know, did you claim base on the date on booking form? instead of SNP date. Because my cause, amount differ by 16k base on booking date.

Thank you again.
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Claim. From booking form date. As long as the payment forms part of the 10 Percent deposit of the spa.
teddie
post Jan 7 2019, 10:39 AM

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QUOTE(gladfly @ Jan 6 2019, 01:38 AM)
Claim. From booking form date. As long as the payment forms part of the 10 Percent deposit of the spa.
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Thank you @gladfly. The payment was indeed part of the 10% deposit of SPA. smile.gif



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