Suit against bank over p'sula lawyers
Published on: Saturday, November 28, 2015
Kota Kinabalu: A bank customer has filed a suit against a bank for appointing peninsula-based lawyers without the blessings of the High Court of Sabah and Sarawak to pursue a case against him. Lawyer Marcel Jude Joseph, 54, named Hong Leong Bank Berhad as the first defendant, and also three lawyers – Ivan Wong Ee Vern, Robin Lim Dou Shing and Fariza Sanusi (trading in the name and style of Messr Azhar & Wong) as the second defendants. Marcel is seeking, among others, exemplary damages against the second defendants for undertaking the unlawful practice of law in the jurisdiction of the High Court of Sabah and Sarawak at Kota Kinabalu without being called to the Rolls of Advocates of the High Court of Sabah and Sarawak at Kota Kinabalu or being in possession of a valid certificate issued by the Deputy Registrar of the High Court of Sabah and Sarawak at Kota Kinabalu for the year 2015 pursuant to the provisions of the Advocates Ordinance of Sabah.ADVERTISEMENT He is also seeking exemplary damages against the first defendant for the appointment of a firm of Advocates and Solicitors whose Advocates and Solicitors are not on the Rolls of Advocates of the High Court of Sabah and Sarawak at Kota Kinabalu or in possession of a practicing certificate issued by the Deputy Registrar of the High Court of Sabah and Sarawak at Kota Kinabalu;And exemplary damages against the second defendant for demanding payment of legal fees from the Plaintiff without being called to the Rolls of Advocates of the High Court of Sabah and Sarawak at Kota Kinabalu or in possession of a practicing certificate issued by the Registrar of the High Court of Sabah and Sarawak at Kota Kinabalu.In his statement of claim, Marcel said he was rudely shocked when he received at the same instance two letters from the lawyers of Messrs Ashar & Wong, Advocate & Solicitors of 16-08, Level 16, Menara Centre, 360, Jalan Tuanku Abdul Rahman, 50100 Kuala Lumpur, in which three lawyers known as Ivan Wong Ee Vern, Robin Lim Dou Shing and Fariza Binti Sanusi could be seen from the letterhead of the said firm."I understand that the three lawyers in question have not been called to the Rolls of Advocates in the High Court of Sabah and Sarawak here and do not have practising certificates issued by the High Court of Sabah and Sarawak," he said.ADVERTISEMENT Marcel said a copy of the letter had been extended to the Deputy Registrar of the High Court of Sabah and Sarawak at Kota Kinabalu and the Chief Justice of Sabah and Sarawak based in Kuching for their verification and investigation."Not only has this legal firm and its lawyers have the audacity to issue legal notices in a jurisdiction where they have no right to practice law as Advocates and Solicitors but the said firm has also unlawfully attempted to charge me legal fees on two occasions through their said letters," he said.
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Marcel claimed that on Nov 2, the said lawyers issued him a letter of demand requesting payment of instalment in arrears for RM4,049.00; compensation charges of RM272.86 and legal cost of RM37.10 (inclusive GST), in connection with a housing loan facility for RM132,000. "What business has a legal firm and lawyers who have no right to practise in the State of Sabah to issue a letter to a customer like me from a bank in Sabah. This clearly contravenes the provision of the Advocates Ordinance of Sabah which clearly entitles only practitioners from Sabah to practise law in the State of Sabah," he said, adding that, a copy of the letter was extended to the Sabah Law Association (SLA) and the Inquiry Committee as a complaint for their investigation and action.He also questioned why the bank and the legal firm in question are demanding payment of compensation charges of RM272.86. "Are these hidden charges or legal fees conveniently labelled as compensation charges to mislead and defraud me?," he asked, adding that, a copy of the letter had been extended to the Governor of Bank Negara for investigation and appropriate action."What business has this legal firm in question and its lawyers the right to charge me for legal fees of RM37.10?," he asked further, adding that the issue arises as to whether the lawyers of the said legal firm have been called to the Sabah Bar and whether they have practising certificates to practise in the State of Sabah.Marcel urged the SLA and the Inquiry Committee to undertake the relevant investigations. It was also noted from the letter that the bank and the legal firm in question have attempted to extort payment of 6 per cent GST, he said. "This is an outright perversion of GST. You as a bank and your legal firm can only charge a customer for services you or the legal firm in question have rendered to the customer. Here no services have been rendered to me but you are trying to pass the cost of GST to me and this is tantamount to fraud. Am I the only customer who is the victim or are there countless others?," he asked. Marcel claimed that the bank's contention that his loan was in arrears was false and untrue and that the bank and its lawyers have made the situation worse by the issue of a letter dated Nov 16 to recall his loan facility again within seven days only to pay the sum of RM75,898.04 and that by the time he received the notice, the seven days have already lapsed. He claimed that the unlawful action of the bank and its lawyers had caused him much distress and mental trauma and that the lawyers have engaged in unlawful practice of law which is of concern to him as an Advocate and Solicitor of the High Court of Sabah and Sarawak at Kota Kinabalu. Marcel is also claiming, among others, a declaration that the Letter of Demand for payment of arrears of RM4,049.00 as at Nov 2 and late payment interest/compensation charges of RM272.86 together with legal cost of RM37.10 (inclusive of GST) is unlawful and in breach of the term loan facility between him and the first defendant.Stay up-to-date by following Daily Express’s Telegram channel.
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An injunction restraining the first and second defendants for the payment of the said arrears, late payment interest/compensation charges of RM272.86 together with legal cost of RM37.10 (inclusive of GST); other damages to be assessed, statutory Interest; costs and any other relief deemed fit by the court.Marcel filed the writ of summon through legal firm of Nurul Rafeeqa Marcel advocates at the Sessions Court via e-filing on Thursday.