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Another sad story of being a TD... Legal advice needed...

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  • Mvp30sg's Avatar
    736 posts since Apr '10
    • Hi all,

      About 2 years ago, me and one taxi company has a disputatable amount that has yet to settle. More than $10k for repair cost on the engine chasis and they insisted it's my negligence.

      Today, I received a private no. caller stating from baliff dept of sub-court and will be exercising a summon to freeze my bank a/c and my house items.

      When I tried to find out more from the caller refuse to disclose more only giving me a phone no. to call to find out more if I wish to.

      It turn out to be a company representing this Taxi co.

      It was a very brief and rush conversation as the party seems unwillingly to disclose much info.

      As I mentioned earlier, due to the huge amt involved and I do not agree on the word "Negligence" I'm prepare to go to court if they wish to and let the Judge decides.

      The thing is, Does anyone here knows can the taxi company request for a court order to freeze my assets before hearing, if they are taking me to court to recover their "so-call" outstanding amount owed to them?

      Or does it sounds more like a "Chicken" game made by their own collection dept or some collection agencies?

      Would really appreciate if anyone have any knowledge on simillar situation to advice me.

       

       

       

  • Moderator
    Angwk7118's Avatar
    1,741 posts since Aug '11
    • sub court won't call you.

      first thing, how many letter of demand has you receive from this taxi company?

      what was the actual amount they say you owe or you must pay? did they gave you any invoice?

      have you been given any letter to attend court like writ of summon that serve you by hand and both register letter?

      only can advise further after answer given, me no lawyer, but been thru being claim, sue, bu also last time previous also got sue other (not me, ex-company sue other)

       

  • JoeRaj's Avatar
    1,274 posts since Dec '11
    • Originally posted by Mvp30sg:

      Hi all,

      About 2 years ago, me and one taxi company has a disputatable amount that has yet to settle. More than $10k for repair cost on the engine chasis and they insisted it's my negligence.

      Today, I received a private no. caller stating from baliff dept of sub-court and will be exercising a summon to freeze my bank a/c and my house items.

      When I tried to find out more from the caller refuse to disclose more only giving me a phone no. to call to find out more if I wish to.

      It turn out to be a company representing this Taxi co.

      It was a very brief and rush conversation as the party seems unwillingly to disclose much info.

      As I mentioned earlier, due to the huge amt involved and I do not agree on the word "Negligence" I'm prepare to go to court if they wish to and let the Judge decides.

      The thing is, Does anyone here knows can the taxi company request for a court order to freeze my assets before hearing, if they are taking me to court to recover their "so-call" outstanding amount owed to them?

      Or does it sounds more like a "Chicken" game made by their own collection dept or some collection agencies?

      Would really appreciate if anyone have any knowledge on simillar situation to advice me.

       

       

       

      As Ang said need more details. But from you write, it appears that bankruptcy proceedings have been taken against you. Bankruptcy is for amounts above 10k only.

      They will only freeze your account, actually cancel it, in civil cases, if you are declared a bankrupt by a court not a baillif or any other parties.

      Bankruptcy order not so cincai one, gotta publish in the papers, serve you a writ, and ask you attend court (if you don't go judgment can be passed in your absence). In short ample warning will be given. Plus you will need to declare everything you have in list by the OA, ( I know after judgment definitely have, forget about before whether got, I think have). If you fail to declare you will then commit an offence, a fine or jail depending on the level of ignorance or disregard of the order.

      And when there is order to seize property, this will be done by a bailiff, I think the other party or his rep can attend. But the bailiff will only for a start place a seal on your items, you cannot dispose of them after the seal is affixed. After returning to court with a list of assets of yours then only will it be seized or sold at an aution. Sometimes, the bailiff will bring would be buyers along and they will buy direct at your house. The money collected will go to the court to be paid to your creditors.

      However, the bailiff cannot seal anything that isn't yours. So if you family members can justify or have receipts that certain things are theirs, the court won't seize them. If really got such an order, you can check with either the High Court or Sub Court registry to verify this, I suggest you put all expensive things in your house in 1 room and say this belongs to your tenant, of course you may need to find a 'tenant', use your imagination.

       

    • But I think the caller is definitely from the other party, the bailiff would never call a bankrupt or debtor to alert them when he's coming.

      But that's a long way to go. There has to be a lawsuit or claim against you in court in the first place. Even that starts only with a letter of demand from the insurance or other party's lawyer, which you can ignore. Only when it goes to court, then you must go and challenge the suit and argue your case.

      But the court also prefers mediation and will ask both parties to try and settle. In the mean time, you should go find out about their claim. What was the result of the TP investigation? What about your excess and liability? Maybe you should get a lawyer to examine all this and advise, if it goes to court or already has. Or if really you think you cannot fight and win, then you should try to bring the amount down below 10k, to avoid a bankruptcy proceeding.

      Maybe pay some first to bring it down, but don't sign anything agreeing to an amount above 10 k that you will pay. Eg: Amt is 11k, you pay $1,500 first, they take, but you admit to owing 11k and agree to pay this amt. Like that means you still owed 11k to begin with and they can start bankruptcy proceedings.

      This are just some things, but hard to advise with so little facts.

  • Poolman's Avatar
    39,696 posts since Oct '03
    • Lawyer firm dun call .... they straight away sent letters .

      This is debt collector centre lar .

      They "hank" you one .

      My friend otang all taxi companies except TransCab rental arrears , and still waiting for that elusive love letter .

    • Ok guys , any disputes arise from cases , i would suggest u throw them a lawyer in return .

      Make their life difficult as they makes ours .

      In this MVP case , i felt he is no wrong .

       

    • Long time ago , my brother in law got caught consuming Estasy .

      CNB charge him .

      He poor man , actually no money to fight court case . Prepare for life inside 55 .

      So one of my good friend actually told my brother in law , find Mr T from XYZ Associate , he can help , money never an issue for him .

      He find him to help , to reduce sentence .

      And will pay the lawuer fee by instalment .

      Mr T accepted it , and do the case for him .

      And my in law actually did paid him according to the deal .

      Lawyers if u approach them by instalment payment if lost case , many will accept .

      Unless those Drew N Napier type , cannot lar .

      Most lawyers will help one .

      My bro in law got a lower sentence than the usual standard .

      Edited by Poolman 20 Mar `12, 4:22AM
    • And some lawyer straightforward one , this type cannot .

      Must find those Sikh type , or Punjabi type , Chinese lawyers cannot lar .

    • If i engaged a lawyer to fight my case , even if i lost , i lost with pride .

      At least i gave it a shot .

    • It's time taxi drivers adopt a different approach for this ball game , differnt from what previous generation era did .

  • ericgo's Avatar
    999 posts since Oct '11
    • Originally posted by Poolman:

      It's time taxi drivers adopt a different approach for this ball game , differnt from what previous generation era did .


      Ya all POOL together engage same lawyer cheaper mah.

  • Mvp30sg's Avatar
    736 posts since Apr '10
    • Really thankyou for Angwk7118, JoeRaj & Poolman for your reply...

      Poolman knows the story, he was with me when I started as a TD, can count as half my mentor...

      They went thru credit collector internally and outsource, for almost one year no news liao, thought they finally dig out their heart and close the case, now comes again...

      The claim was for my negligence for overheating and damaged the engine chasis.

      The thing is, it wasn't a new taxi, the taxi I took over is already a 3 yr old taxi and had quite a few problems just after my first month servicing, and the incident happened just after two days when I collected it from the workshop for some other issues.

      Anyway, it's a long story...

      So for now got no choice but mentally prepare to fight it out in court, but need to know what's my rights and the legal procedure so as not to let them "hunk" me...

      And also when the time is right, I'll make sure people will know abt this...

      Edited by Mvp30sg 20 Mar `12, 7:02AM
  • Moderator
    Angwk7118's Avatar
    1,741 posts since Aug '11
    • if you go attend court, just as joeraj has say, don't sign anything.

      try make some payment,

      one case i have  is  big company , not a taxi company . is F&N coca-cola , agreement to pay installment, after 1st installment, no further payment from me laio. year 2005 case,  SP services,  owe few $k , make partial payment, than i no news for payment again - 2007 case,   ERA - 2009  about 11k,  only pay them 1kplus, after that i also no payment further until now,  income insurance 2010 till now, still trying to ask me for payment for the accident excess, they have change few debt collection company so far, none can do anything about it. big company does not mean they can eat you, singtel since year 2000 till now, M1 since 2011 till now

      i cannot say you ignore like me, everyone case is different, i dare cos i ever study business law in late 90s, the lecturer who is a lawyer taught lots of useful things like all this case, like how to have contract void even you sign etc.  so my behaviour is different.  even my existing premium, before i return to drive their taxi, i actually owe them rental when i left and never paid them a single for nearly 14months before i go back and still able to drive as hirer

      i will PM my number to you, can always call and discuss, without a better picture to advise is very dangerous, wish can be of a help to you but not (HAI) you

      take care good luck

  • Poolman's Avatar
    39,696 posts since Oct '03
    • Ya Michael , talk to Ang , his very terror with this things .

      One of the best in this industry .

  • bowah's Avatar
    12,822 posts since Jun '10
    • This are credit busters' companies, they go after those still having a case and hopefully can get some credit back, they are legal business entity, whatever money they can get, the companies contracted them will give them certain percentage, other than that, they get nothing, fark care them.

      And there is no way people can freeze your stuff without going thru a proper hearing, you think what?? emperor laws? You can make a police report for harassement first.

      If it is as per what you said about taxi repair, what is there to pay, taxi is covered by insurance, what you might lost is your deposit, other than that, why need to pay 10k and all these nonsense.

      It is definitely a chicken game, while digging out old file, they spot on this case, and try if possible to take some money out of you.

  • BotaHead's Avatar
    963 posts since Mar '08
    • i think it is better to pay up the 10k unless u have no money then no choice then pay by installment. even u go bankruptcy u still have to pay up ma unless u dont have to work to feed yourself or your family loh.

      of cos u can play hide and seek by not paying lah, but how long u can play this game? if it is 10 millions u lend from someone and now the money still in the swiss bank then ok lah. 10k only..hmm.... anyway your choice loh

      if u got a bad records next time u wanna take up any loans for your house or car or anything else u will have problem.

  • Benqepson68's Avatar
    102 posts since Apr '09
    • even I want to pay 10k I will pay by installements. When got money to pay one lump sum. Well at middle age I dun think I want to take any loans. Even I am sick I can still go to any gov hospital and then after make installements payments after that. Try to make use what we entitle for . Anyway this is Singapore.

  • Moderator
    Angwk7118's Avatar
    1,741 posts since Aug '11
    • Originally posted by BotaHead:

      i think it is better to pay up the 10k unless u have no money then no choice then pay by installment. even u go bankruptcy u still have to pay up ma unless u dont have to work to feed yourself or your family loh.

      of cos u can play hide and seek by not paying lah, but how long u can play this game? if it is 10 millions u lend from someone and now the money still in the swiss bank then ok lah. 10k only..hmm.... anyway your choice loh

      if u got a bad records next time u wanna take up any loans for your house or car or anything else u will have problem.


      not asking to play hide and seek, at least i never have to do that, just a little disturbing at time, what we need to do here is to see if the bill is justify or not, no doubt.

      Some i know their style, cannot play play, they like to use lawyer which some ex td has kena, but doesn't mean they can just charge and bill everything to td like that .

      Pay the amount which is deem fair, doesn't happen to you so you don't feel it. just hope we guys can give morale support. 

      Edited by Poolman 21 Mar `12, 12:54AM
  • BotaHead's Avatar
    963 posts since Mar '08
    • hi,

      this are just my own personal views, hopefully i didnt offence anybody here, there are also many others sound advice here too.

      ts can decide which post to consider and he can also ignore mine.

      smile.png

       

      Edited by BotaHead 20 Mar `12, 7:33PM
  • Onewaytransfer's Avatar
    1,520 posts since Feb '12
    • Just 2 cents count.

      Owe money and refuse to pay, in layman term we call “chao kah”.

      Money rightfully not owe, use all means to protect oneself.

      So question is? Is the money rightfully owe? Only TS himself will know.

      Apologies if I’m too straight, 10 over thousand of claim, got so chin chin chye chye one mei?

  • Mvp30sg's Avatar
    736 posts since Apr '10
    • Originally posted by Onewaytransfer:

      Money rightfully not owe, use all means to protect oneself.

      So question is? Is the money rightfully owe? Only TS himself will know.

       

      Thanks for all your opinions, but what I really need now is geniune advice...

      Like Onewaytransfer mentioned, "Is the money rightfully owe??" That's why I rather go for a court hearing and let the judge decide.

      But meanwhile, I just need to know my rights if they're trying to play punk with me...

      So pls keep the constructive advice coming.

      Thanks again!

       

       

      Edited by Mvp30sg 21 Mar `12, 12:58AM
  • JoeRaj's Avatar
    1,274 posts since Dec '11
    • Replied to your PM. Pls also take in info by Ang and Poolman and whatever I add.

      I think by considering all our points, you should get a better picture how to proceed or what options you can consider.

      But basically the rule here in Singapore is:

      As long as you don't owe the Govt or Ah long, no need to worry about civil suits or whoever you owe.

      Civil matter is not criminal matter, you have your rights that must respected and any setlement or claim must be fair to all parties.

  • Onewaytransfer's Avatar
    1,520 posts since Feb '12
    • Sorry I could not provide you the genuine advice, if just depend on the little details provided by TS.

      Bro JoeRaj is right, civil matter is not a criminal matter.

      But looking at those bankruptcy file on ST everyday, not difficult to find out all kinds of proceeding from all kinds of industries.

      The law say anything above $10k, you are subjected for bankruptcy.

      So if genuinely you had owe this amount from a taxi company, without acknowledging it, or even endorse it, how the company will proceed with the filing???

      Debt collection might be the first step leading to civil suit.

      Unless you required a answer to”escape”this mess, than sorry, I could not provide you any help.

      Those ideas provided by some forummers here is to play punk with authority by coming out some stunt which ultimately these companies might just write off as bad debts.

      But bear in mind, think of your children and your families, you don’t want them to suffer in future due to your irresponsible act towards your own debt. (or maybe should put it as liability.)

      From your thread, is been 2 years since this matter been bring up, what have you done or just simply ignored it and waiting for miracle to happen which don’t happen now.

      Good luck, Bro, wish everything going right for you in near future.

  • Poolman's Avatar
    39,696 posts since Oct '03
    • If i were MVP , i will put $1000 on the table , take it or leave , or they want to chose to contest ?

      Contest means time consuming and wasting resources .

      But as for Poolman , i let them rot .

       

    • I mean , even if they sent me to court , what they court can do when i say : " I no money ?"

      "Can i chose to go to jail instead ?"

      And after jail terms , do i still need to pay ?

      If no need to pay , sent me in .

      Treat it like holiday .

       

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