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 Late Payment Interest, Penalty RM10k :$:, Due to 60 days SNP delay

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TSRaizenL P
post Apr 10 2023, 08:47 PM, updated 3y ago

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Hope sifu2 can help me, please tell me if you need any extra details.

Summarize and highlight of my case:

- Purchased a second hand properties.

- SNP delayed 60 days and seller lawyer issued a letter and demand RM10k late payment interest.

--------------------------

1. My SNP lawyer already get the chronology of event from loan lawyer (this 43 days gap should be the cause):

28th December 2022 - Presentation got rejected by the relevant Land Office due to death of the Founder which has resulted in the revocation of the Financier's Power of Attorney.

9th February 2023 - Put in documents to Land Office for re-presentation (presentation receipt received on 13th February 2023).

17th February 2023 - Sent in advice to Financier for facility drawdown. (Here onwards no issue)


2. My SNP lawyer already ask seller lawyer for waive. But still RM10k, No negotiation.

3. My SNP lawyer asked loan lawyer, and the reply is: "We waited for original LO for 1 month plus. And the bank officer's PA number at the land office expired since the XXX passed away beginning of this year. So can't register at the land office until the bank renew all their officer's PA".

4. I asked the bank loan officer, the officer said even without original LO, the loan lawyer still can proceed.

5. I already issued a letter, asking for clarification and a solution regarding this interest penalty. In the letter I also mentioned that although fault is not on me, but I will pay the penalty RM10k first, because my housing instalment is coming and I need to renovate the house. Letter written by me, request by loan officer. Probably to make it more formal. Still pending reply, already 14 working days.

6. Paying RM10k first is advise from my SNP lawyer. He said this process could be long, so is better to pay first, get the housing key, starts renovation etc and at the meantime, find ways to claim it back.

7. RM10k Cheque has banked in, so I probably will get the keys within the next few days.

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1. According to chronology, the fault is either bank or loan lawyer. However they are putting the blame on each other, also no reply yet from bank, so I can't certain 100% who's fault is that. What I can do for now? How to put more pressure on them to speed up the case?

2. My SNP lawyer said we can sue / complaint to 2 parties:
A - Sue Loan lawyer (Bar council / Magistrate court)
B - Complaint Bank (Bank HQ / Bank Negara)

But to open a court file in magistrate court, RM2k is required and might require a huge amount of lawyer fees...

3. I can spend time & energy to fight for my right, but money? I'm just a normal person, I don't have so much money to spend on the case...

4. The fault is not on my side, I have to take up the RM10k losses? sad.gif

5. Aside from my SNP lawyer, which agencies I could go to? Because there will be legal advice fees if I ask more from him. I lost direction now, hope I can get guidance and steps.

6. SNP lawyer I pick it myself. Loan lawyer is from the outsource loan agent. And the shitty outsouce loan agent said if not using his lawyer, there will be a service charge of RM1500. I know is bluff and he can earn comm from the lawyer, my old school sentimental parents think haiya his service quite ok, so let him earn / use his lawyer la. Since parents okay, I don't want them to unhappy or feel guilty. Mana tau happen shit like this.

7. By now you guys should know which bank I'm talking. Is quite ridiculous that the VVIP passed away and they can't process with the loan? I mean plenty of people are applying loan at the period of time, so all case delayed and all of us innocent one have to bear the penalty?

yunodie
post Apr 10 2023, 09:09 PM

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lodge complaint at bnmlink. usually banks piss scared by queries from bnm. you might not need to sue
hanhanhan
post Apr 11 2023, 12:33 AM

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kekw i know which bank is this. whole malaysia having problems.

so far i manage to nego with sellers lawyers to convince their clients to waive it (since it also happens to the seller's lawyers on the receiving end too).

by right, the bank should bear the penalty. however it is very unlikely they will do so.

Regarding point 4, you need the original signed & stamped LO for bank to execute the loan documents. any how even if your loan lawyer got the original LO, since the PA is invalid during that period, bank also wont sign the documents. bank loan officer (assuming it's a marketing officer working at branch) 99% of the time don't know the procedure at their SDC (security documentation centre, who are different set of ppl handling the backend loan documentation).

i suggest u complain to BNM directly as the loan lawyer isn't at fault.



 

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