Outline ·
[ Standard ] ·
Linear+
Akta Had Masa, Not servicing credit service 6years++
|
gladfly
|
Nov 11 2023, 09:40 PM
|
|
QUOTE(B0ss_ku @ Nov 11 2023, 09:29 PM) So is it really if not servicing the credit (aeon/singer etc) for more than 6 years, under the law it's consider as bad debt and hence they cannot charge you under the court even if you don't pay? Basically yes. 6 years start to run from breach..ie from the date you are supposed to pay the last sum due. However if in between any period during 6 years, any part payment made or admission made will revive the 6 years. So if any psyment made ..the 6 years will reset from the date of payment
|
|
|
|
|
|
gladfly
|
Nov 12 2023, 11:51 AM
|
|
QUOTE(B0ss_ku @ Nov 11 2023, 09:43 PM) So any claim by 3rd party debt collectors say will proceed to court is no need to entertain? Yes..if it is beyond 6 years. So what these debt collectors will try to do is to ask you to make a small payment like a super offer to settle and viola... limitation is revived....very sneaky.
|
|
|
|
|
|
gladfly
|
Nov 12 2023, 06:55 PM
|
|
QUOTE(B0ss_ku @ Nov 12 2023, 01:44 PM) So no court action can be taken right? Any court action claim by 3rd party debt recoverer can be ignored yes? And if they WhatsApp me with those LOD demand letter I can even troll them back say I know the Akta had Masa and I don't need to pay you a single cent and there's nothing you can do about it? What if they post it to social media and say I hutang tak bayar, can I use them for defamation? Ok this is in serious /k.. Any court action SHOULD NOT be ignored. The defence of limitation must be raised for it to apply, ie must be pleaded. So if kena saman, must file Defence with limitation in order to get off. If they post in Facebook saying you hutang..you tell me which part is not true? If it is true then there is no defamation correct? No defamation boss
|
|
|
|
|
|
gladfly
|
Nov 12 2023, 06:58 PM
|
|
QUOTE(nihility @ Nov 12 2023, 02:38 PM) 6 years is if the creditor did not take any action or serve you any notice of claim. If they served you notices from time to time , I doubt this Limitation Act is applicable. Limitation runs from the date when the cause of action arises..not when notice is given. Eg. I didn't pay my loan last month on due date. The bank issues a demand and terminate the loan today. The cause of action starts from today and will expire in 6 years. It doesn't matter if between the 6 years the bank sends to me 100 demands as that will not postpone the limitation period
|
|
|
|
|