Lowyat.NET: Latest topics by KekTart

cruel realisation from my civil lawsuit

KekTart — Wed, 07 Aug 2024 00:03:23 +0800

tl;dr: does anyone have experience in execution of court order - especially regarding Judgement debtor summon and writ of seizure

EDIT 1: thanks guys I’m slowly reading through the replies, but I might have missed out this crucial info, the 10% have already been refunded to me. So I’m only suing for breaching the booking form terms- failure to sign SPA within x period as well as claiming my SPA costs

Background info of Seller, is like 60 y/o, I guess retired alr.

Sad story begins here................

1) Last year I wanted to buy a subsale condo unit, got a deal, buyer(Me) and seller signed the booking form

looks okay but this is where things become downwards spiral:

2) Insurance agent is like 'let me introduce you to MLTA greatness yada yada'. Anyway long story short I paid 2000+ for it. Mistake #1

3) I paid the SPA lawyer, documents are ready, HOWEVER the buyer didn't want to sign. The reason why he MIA-ed is because apparently he owes 30k maintenance fee and only want to sign the SPA after my 7% downpayment is released to him. Long story short there was some disagreement and he didn't want to sign the SPA and just MIA-ed.

4) I wasn't happy and decided to sue.

5) LOD sent - no response.

6) Writ of Summon sent - no response

7) Due to no response I had to do a substitution of service which costs more $$$

8) Afterwards, I got my judgment ruled in my favour.

So my litigation lawyer gave me 3 options after I obtained the judgment thing: (can read more here https://www.kehakiman.gov.my/en/what-do-i-do-court-order

First, garnishing order. I ruled this out since I have no idea what is their bank account
Second, Judgment debtor summons.
Third, writ of seizure of sale.

I'm personally in favour of the second option.

Third option I'm not so sure. I believe it's more for people with goods for sale which can be seized and sold. In this case I have no idea what the seller has.
I might waste my money and his house might be filled with useless junk that can't be sold.

So I want to ask /k if they have experience in doing JDS and if there's cases of the buyer still refusing/can't pay after JDS.

I want to leave my rant below because I have no place to vent my frustration

First of all this whole game of subsales is rigged in the favour of sellers. The housing agent wants your money and only cares about your 3% deposit. The insurance agents just care about how much money they can extract from your 'personalised' investment-linked-insurance.

Before this, I didn't know it was possible to just MIA to an agreement. Even if you get LOD, court papers you can just sleep through it all if you know you gonna lose. Literally nothing is important until the forced execution comes. Even if the stage of forced execution come, there's no guarantees that you can claim back your monies. The person can be like 'oh noes I have no income now so I can't pay you boohoo'

I can't opt for bankruptcy route since the monies doesn't hit the threshold.

If people had shared about this kind experience and I can turn back time, I would not have wasted my time and money to come to this stage.

I'm already 16k down, just the forced execution will make me in complete loss.

The whole game is rigged.

Next time when it comes to 'booking' form again, I'll probably request the other party to put down an equal deposit, or an equal deposit to cover my SPA and whatever fees,

in the first place it isn't fair for only the buyer to put deposit, you breach agreement, agency takes your money. Buyer breach agreement, yet nothing happens, you need to go a long ass route to chase your money back and zero guarantees. if they wanna play the game of 'whoever breach must pay', then just make both parties pay up at the first place. Why even bother with such a one-sided rule?

Then about lawyers, I'm pretty sure lawyers have seen lots of cases like this, but again lawyers feels like counsellors, they're in no position to advise you on what to do, they'll only show you the way. I'm guessing that in their heart they already know it is not worth it.

Anyway my rant is until here, if you're the kind of person my seller is, then congratulations and feel free to make use of my sad experience and abuse the system.

air asia website

KekTart — Mon, 09 Oct 2023 16:28:29 +0800

seems like homepage not working, returning 504 gateway time out, but mobile apps and other links still working

CODE

https://www.airasia.com/

Tenancy agreement with unreasonable clause

KekTart — Tue, 03 Oct 2023 14:04:02 +0800

So… there’s a clause that says unit should be returned in original condition.

Needless to say, this is unreasonable and doesn’t make sense.

How contestable is this in court if the ‘damage’ is considered wear and tear? Like wallpaper falling off, rusty decoratives, tiles popping due to expansion or poor workmanship, Etc etc

/K, experience with live-in landlords?

KekTart — Wed, 19 Apr 2023 14:32:08 +0800

As topic, would you rent a one bedder with a live-in landlord/ landlord children?

What’s your experience like if you had?

RIP apple store student discount

KekTart — Wed, 15 Dec 2021 14:12:41 +0800

Need verification with unidays ady ….

https://www.apple.com/my-edu/shop/go/home

Phone oleophobic coating

KekTart — Wed, 15 Dec 2021 13:44:21 +0800

Hi /k do you all have any experiences in reapplying oleophobic coating on your devices? Got any recommendations?

My 4 years old devices screen ady get rekted and no more new phone silky feeling

Kepci cheezilla in East Msia when?

KekTart — Wed, 09 Jun 2021 15:53:30 +0800

Anyone in sabah & Sarawak still waiting for their local kfc to release cheezilla burger? I wait until wan die ady.

How come S&S always so slow in seasonal stuffs! Even things out of stock need to wait long timeeee

third party storage/mover recommendation

KekTart — Sun, 30 May 2021 08:26:20 +0800

Long story short, I’m outstation, I’m not renting anymore, but I’ve some stuff in the rental that I need it to be taken care of.

I was thinking of third party temporary storage solution but I’m not sure which one is reliable. I only have a few stuff only.

Any recommendations ?

Cancelling tenancy

KekTart — Thu, 06 May 2021 14:12:29 +0800

My office been WFH and I am in my hometown.

So,

In this case would you cancel? Rental is in Selangor btw

I don’t really see an end to this pandemic. But on the other hand I’m quite afraid if I cancel and office suddenly says hey you guys can come back now!

My office hasn’t been open since MCO 1.0 so I’m in a dilemma.

Edit: is it me or poll topics are closed by default

Can beat stormfury vids?

KekTart — Sat, 01 May 2021 23:00:42 +0800

NSFW
Man splits in half by sign.

Fake or real?

» Click to show Spoiler - click again to hide... «

Bird nest in aircon

KekTart — Sat, 26 Sep 2020 14:11:51 +0800

The smelly fart smell after turning on aircon has been solved. Yea some pigeons decided to go inside the aircon(from the back) to lay eggs. And now I hear chirping noises from baby birds.

I’m scared to turn on aircon now. Actually shouldn’t have after googling how dangerous bird droppings are.

So any way to go about this problem? Anyone know any technician who can like really deep clean this shit?

KL PJ area. Old house.

I suspect this problem has been there long time ady. 😢

Yesterday someone post about facebook tracking

KekTart — Thu, 23 Apr 2020 12:56:01 +0800

Yesterday someone posted about how to disable Off-Facebook activity.
Although a little misleading and ads tracking are not new, but I commend Fb for being more open towards the data they collect and gib chance to opt-out.

However,
May I introduce you to our big brother: https://myactivity.google.com/

If you're signed in to Google and haven't disabled myactivitiy, you'll see what I want you to see.

Time to buy iPong? Cukur ipong SE release.