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Sambung bayar dilemma

Discussion in 'General Talk' started by killa626, May 16, 2009.

  1. killa626

    killa626 Senior Member
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    Guys,

    Need some help on this sambung bayar thing..im planning to sell my car to someone who wants to sambung bayar...i am ok with that but its just that this guy cannot take loan because he is blacklisted....i`ve talked to the bank and they said that until the full outstanding balance dis settled, the car will still be under my name and all samans and others will come under my name...my question is, is there any kind of agreement that the buyer and i can sign to clear my name from the outstanding amount? I mean if that guy does not make constant payment, the bank does not come after me...or is there any advise?,,really lost in this guys, please advise as i want to sell my car urgently...thank you all...
     
  2. ettm_14

    ettm_14 Senior Member
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    i believe there is no way for you to discharge any of your responsibilities as long as the car and the name is still under your name,(experience from working in a bank) though you could actually signed an agreement with lawyers involve, it is still considered to high of a risk!

    On the day the bank comes after you is most probably the day he(buyer) has run out of money, so even with the agreement in hand it might just be a another signed documents lest he purposely did not make any payment, then maybe you can take him to court!

    So in my humble opinion, get a legitimate buyer!
     
  3. NICK NAVIN

    NICK NAVIN Senior Member
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    Sorry Bro....I believe there is a jpj form called k3.....Is that related to this sambung bayar deal....Correct me if im wrong..
     
  4. blackend

    blackend Senior Member
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    fyi,any problem with your car within agreement period its at your own risk..if the new buyer doesnt make constant payment,bank never care about new buyer,because ur name stated at agreement letter..
     
  5. ettm_14

    ettm_14 Senior Member
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    k3 form is for change of ownership, has nothing to do with sambung bayar cars, you can't change the name with the loan still pending, if loan settled then you have to acquire slip batal hak milik from your finance institution!

    still I really don't recommend sambung bayar, if smooth sailing then ok, if not lotsa of problems such as summons, illegal modification, late payments, and maybe illegal use of vehicle which is quite serious
     
  6. bien335

    bien335 5 Year | Silver

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    sambung bayar?? err..

    i'd recommend not to. i've seen many bad things happen, including to sedara mara AND adik beradik.

    ask him to cough up the cash.
     
  7. renxun

    renxun Senior Member
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    if that guy can be blacklisted, that means he cant handle his own money and financial well. u let him sambung bayar, means you are passing your financial stake to his hands. or in simple term, a time bomb that will explode shit anytime onto your whole body. you do your own math. if you are really really in need for money, i suggest you to trade your car into car dealer, although price is low but its clean and clear and worth the trouble

    Bump: if that guy can be blacklisted, that means he cant handle his own money and financial well. u let him sambung bayar, means you are passing your financial stake to his hands. or in simple term, a time bomb that will explode shit anytime onto your whole body. you do your own math. if you are really really in need for money, i suggest you to trade your car into car dealer, although price is low but its clean and clear and worth the trouble

    Bump: if that guy can be blacklisted, that means he cant handle his own money and financial well. u let him sambung bayar, means you are passing your financial stake to his hands. or in simple term, a time bomb that will explode shit anytime onto your whole body. you do your own math. if you are really really in need for money, i suggest you to trade your car into car dealer, although price is low but its clean and clear and worth the trouble
     
  8. bien335

    bien335 5 Year | Silver

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    I agree with renxun.

    If he cant afford the car yet, better not.
     
  9. blackend

    blackend Senior Member
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    yup.....better u find another buyer..
     
  10. daremo

    daremo 5 Year | Silver

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    agree with others. dont use these "sambung bayar" crap. TOO DAMNED RISKY
     
  11. MR. TOM'S

    MR. TOM'S 15 Year | Platinum

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    My opinion...better not. it will headache ur head after this...
    not to say cant trust 100% buyer..but need to be alert
    everymonth need to check weather buyer pay or not..tired meh

    later u sell ur car this way(samb. bayar) take another car and lastly u need to pay for 2 car in month wooossshh really in pain lor..hapen to 1 of my fren
    sold his car to samb bayar buyer and buyer dont pay monthly for 4month...
     
  12. koMie

    koMie 5 Year | Silver

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    wht car bro...pm me detail...
     
  13. Fairlady350

    Fairlady350 5 Year | Silver

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    Yup, i agree to the above mentioned. If this chap could be black listed, that means he couldn't even be responsible enough to pay the bank, so he may just do the same to you. He takes your car and pay a little and then not pay. Then you will get blacklisted by the bank when the car gets reposessed after a few months. So rather not take the risk, i mean if you can't trade it in to used car dealers, then at least just advertise it and sell it yourself. Things you should consider are not only stuffs like summons or your bank records only, you should also be careful of it's legal implication of someone using a car registered under your name to perform illegal activities.

    A lawyer may not cover everything, because if you notice what is on your registration card, it states quite clearly that there should be a 1 month period for the new owner to perform the name transfer, so by doing sambung bayar would itself be illegal.

    My 2 cents worth
     
  14. simon

    simon Senior Member
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    if im not mistaken the bank hire purchase agreement clearly states tht goods cannot be 'sold' or 'transfered' to any other person while the hire purchase remains....

    i hv went thru the hassle of sambung byr sum yrs bk....the 1st fews mths he paid on time then delay & delay & he would pay once in every 3 mth....furthermore i bought the car under my sis name & thr bank would call her for defaulting pymnts....so she would scold me...whenever i called the gy he would nt pick up hs hp....he would nt be at home....hs parents buat muka innocent....

    somemore before the insurance expire & i could add his name as named driver ...he met wt an accident requiring insurance claim...my sis had to go & sign the documents...of course he paid the excess fee for unnamed driver...

    still didnt pay installments properly....finally i go hold of hs family fren & went togather 2 the hse when he was NOT around but when the car was IN....(he gt bike)...used the spare key & i drove off the car....the family fren protected me frm hs intimidating fmly members...

    finally he called me & i said the car is now mine & forget abt it...he had by now paid for 2 yrs....but still 3 mths due everytime...being a 'boy' he sent hs mother to me who pleaded for the car saying they would pay promtly...after abt 3 days i returned the car.....frm then they paid promtly.....the pymnt was fully settled last yr & the name change done...

    one thing for me.....i would rather die wt a car than giving out for sambung bayar !!!!!
     
  15. weq6356

    weq6356 Senior Member
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    wah..sambung bayar..very high risk...better u seperate ur car part by part,n sell as spare part.then report as missing n claim insuran.insuran will full setlement ur balance.got one my fren do like dis..but not rekemenla...
     
  16. minivan

    minivan Senior Member
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    I'm only telling you what i've seen, but do assess it at ur OWN RISK on the issue...

    There are quite a lot of sambung bayar cars out there. There are even people who do it as a business. They will prepare argreement with lawyer, then file a police report to state that this car is now being driven by 'new driver' and the responsibility is on him on any related cases. Onwers will also usually ask for like 3-4 months instalment up front, maybe more (as deposit) over and above the selling price minus settlement amount, just in case 'buyer' misses instalment instalment, etc. On seller side, he usually has to sign jpj form k3 up front. Also seller doesnt surrender spare key... seller puts buyer as name driver in insurance....

    Thats abt it from what i've seen.... again assess at OWN RISK... safest is still settle loan...
     
  17. nizan1979

    nizan1979 Senior Member
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    "Sambung Bayar" is actually unlawful and if convicted can be fine up to RM25,000 or 3 years jail or both. You have no right to "transfer" or "sambung bayar" a person's loan facility to another person.

    Act 212, 36A. Any owner, dealer, agent or person acting on behalf of the owner who collects any payment in respect of a hire-purchase agreement other than a payment listed in the Second Schedule or a payment permitted under this Act shall be guilty of an offence under this Act.

    36B. Any person not being an owner, dealer, agent or person acting on behalf of the owner who collects any payment from a hirer in respect of a hire-purchase agreement shall be guilty of an offence under this Act.

    38. Every person who, by the disposal or sale of any goods comprised in a hire-purchase agreement, or by the removal of the goods, or by any other means, defrauds or attempts to defraud the owner shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

    It is also unlawful for any person, dealer, agent or a company to receive, take or accept any kind of deposits without a valid license - Act 1989: Section 25(1).

    It is also unlawful for any person, dealer, agent or a company to advertise the illegal taking of deposits - Act 1989: Section 27(A).

    I advise the public not to engage in any kind of "Sambung Bayar" as whatever agreement you have does not comply to the laws of the land. There is a provision in the laws for hirer if he/she feels that they are no longer able to serve the loan, they can return back the car to the bank.
     

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