Saturday, 2 April 2011

What a waste of time

As mentioned in my previous post(s), on 6 October 2009 my ex-wife obtained an Ex-Parte Syariah Court Order which amongst others ordered for all my bank accounts to be frozen.

On 9 September 2010, I filed in a judicial review and on 17 January 2011, the Mahkamah Rayuan Syariah Selangor decided that my ex-wife's Ex-Parte Syariah Court Order cannot be enforced. More specifically, the order reads as follows

"SETELAH KAMI MENELITI Permohonan dan Affidavit Pemohon, ekshibit-ekshibit dan alasan-alasan yang dikemukakan oleh Pemohon, MAKA KAMI SEBULAT SUARA MEMERINTAHKAN seperti berikut

1. Mahkamah meluluskan permohonan semakan ini; dan

2. Perintah ex-parte bertarikh 6/10/2009 melalui Kes Mal No. 10100-032-xxxx-2009 adalah tidak boleh berkuatkuasa kerana kegagalan Responden memfailkan kes induk dalam tempoh empat belas (14) hari dari tarikh perintah diberikan dan kegagalan Responden menterahkan salinan perintah ex-parte tersebut kepada Pemohon dalam tempoh (10) hari dari tarikh perintah diberikan"



The court order was sealed on 22 March 2011 and I received a copy of the same on 31 March 2010.

That very night, I faxed a copy of the said order to two banks. I also asked a colleague to serve a copy of the said order to Bank C.

Having heard nothing, on 1 April 2011, I phoned the officer in charge at Bank C. After rummaging through some papers, the officer confirmed receiving the court order. Obviously they haven't read it! I asked the officer when my bank account can be unfrozen. The officer's answer were ridiculous
  1. Encik nak pakai account ni lagi ke?
  2. Perintah tu tak sebutkan pun account Encik kena "unfreeze"
With a blood beginning to boil, I took a deep breath and had to go throught the lonnnnnnnnnnng process of explaining the court order to the officer. Don't they ever engage that lump of protein between their ears?

The officer then told me that they have nothing to do with credit cards and I have to call the credit card centre to unfreeze my credit card. Hey! As far as I am concerned, I am dealing with Bank C. I don't care whether it is current accounts or credit cards. I applied for my credit card at that branch, and my accounts are there. So if I want to unfreeze my accounts, I don't want to be having to call the whole world!!!

Despite my objections, the officer seemed reluctant. I knew if I left it to them, it will probably be next year before my credit card is unfrozen.

I subsequently called the credit card centre. Again... I had to go through the same lengthy process of explaining the situation. To be fair, the officer at the credit card centre (En Johan) seemed eager to help.

Looking back... I faxed the court order to both banks on 31 March 2011. It is now 2 April 2011. My accounts at both banks are still frozen.

My ex-wife's lawyers faxed the Ex-Parte Syariah High Court order to the banks on 8 October 2009. All the banks froze all my accounts on the same day. Unfair and discriminatory practices in full effect.

The bottom line is, going through the court process is not only costly and lengthy, but is a whole load of hassle to unwind the damage that has been done. Nobody wins in such circumstances. Unfortunately, there are people willing to abuse the court process simply to put pressure or cause grievance to others. What a complete waste of time.

No comments:

Post a Comment