Monday, September 22, 2008

Help! Somebody took my car!

Salam,

It has been quite a while since my last post, I am sorry.

I just had one assignment which is so common that I feel it is good to share with all you. The case is about one poor guy owes somebody money, his business is currently a bit slow so that there is some delay in repayment of the loan. Anyway, what happen is that, one day while this guy sent his car for cleaning, 3 guys came and asked him to repay the debt (which is not the 'financier'), he immediately called the financier and promise to pay the debt within a week (funny, the financier told him that he did not send the guys, and that his relationship with the financier is current in good term). The guys still not satisfy, they took away his car on 'lien' for the debt and to make thing worse 'paw' him RM1000-00. He paid out of fear.

The next day, he paid all his debt (or so settle the debt with the financier). But the guys instead of returning the car to him, scold him because he paid the debt not 'through' them??! So they refuse to hand over the car. They even when further asked him to sign a letter acknowledging that he owe them RM50, 000-00. This poor guy refused, and as expected, they start threatening this chap.

Now, this chap after receiving the threat immediately lodge a police report, for his protection and seek help from the police to get back his car. The police however till date still 'investigating' and the car is yet to be repossessed.

Angry, fear and don't know what to do, he came to see me. Well, I guest there is not much a lawyer could do except advising him to lodge another JPJ report to black list the car and further try to facilitate the police of the whereabout of the car. The most what I could do, is to get hold of this 'financier' saying that he actual involve in the whole scenario (being the conspirator or whatever) otherwise who else could I shoot my bullet? The negotian with the financier is still in progress, and I hope the financier is willing to cooperate and ask the three guys return his car or otherwise I will lodge another police report against the financier and start civil claim against him.

By the way, while conducting the whole matter, I found one section under the Road Transport Act, 1987, more specific section 51 saying that if any person took a motor vehicle from its owner without his consent or lawfully, the person if found guilty would be liable for a fine not more than RM2000 or imprisonment not more than 6 months or both..hehe great. The section further said, even if in the process of trial that person is not found guilty of theft (which is punishable under Penal Code) he still be liable under the section..

So despite of solely waiting for the police to conclude their investigation and charge the three guys in court (or even the financier), I advice him to lodge a complaint (or rather a report) at JPJ under section 51, among other asking JPJ to blacklist the car until otherwise pleaded by the owner.

Ya, I know there is not much significant in doing so for the guy, but hey, at least we did suggest the JPJ to use their authority to help this poor guy. On the other hand, at least we have widened the scope of 'authorities' involve in 'helping' to get back his car. I hope, God is helping this poor chap especially during this coming 'hari raya' and 'balik kampung' mood.

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