Sambung bayar car sellers to be fined, jailed – report

Vehicle owners who pawn their vehicles to a third party to cover their loans without the bank’s approval could be fined or jailed, according to a report by Berita Harian.

The home ministry said that cases of vehicle pawning or sambung bayar are actually against the Hire-Purchase Act 1967, in a written reply to the Dewan Rakyat. “Action can be taken against owners who pawn their vehicles or sambung bayar to third parties without the bank’s knowledge and approval,” it stated.

Answering a question by Segambut MP Lim Lip Eng, the ministry stated that enforcement of the act is under the power of the domestic trade, cooperatives and consumerism ministry (KPDNKK). In Section 38 of the Hire-Purchase Act 1967, an owner who is found to have sold their vehicle while the hire purchase agreement is still in place could be sentenced to a fine of up to RM30,000 or three years in jail, or both.

The ministry elaborated further, stating that it is aware of cases of pawnage or sambung bayar as a way out for vehicle owners unable to pay their monthly instalments to the bank. “A problem arises when monthly instalments for a car that has been pawned or sold through sambung bayar have not been paid, putting the named owner of the vehicle on the bank’s blacklist.

“These cases cannot be categorised of vehicle theft, as there are no elements of theft as stated under Section 378 of the Penal Code. However, if the police has found elements of deception in its investigation, it will investigate the case under Section 420 of the Penal Code,” it said.

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