Heard of sambung bayar car deals where you pay attractive monthly instalments but drive a car that legally does not belong to you? As its name suggests, you’re continuing payment for the car’s owner, but get to use the car while you do so. Fair enough, no? Here’s a case of what happens when sambung bayar deals go sour.
According to one Badrul Hanafi on Facebook, he obtained a car through sambung bayar and over the months has spent RM9,000 to service the loan and pay for road tax and insurance. He had all the documents too; “hitam putih complete” it was claimed.
Then, the owner of the Proton Saga made contact to “redeem” back his vehicle, and lengthy negotiations ensued over WhatsApp, which Badrul shared screenshots of. Basically, he wanted a refund of the sum that he had paid over the months, which the owner sort of agreed, but refused to explicitly say so. They eventually decided to meet and “COD” (cash on delivery) in KL, which led to the events recorded on video.
Instead of the RM8,500 that they settled on, the owner, who is a soldier, brought men, 12 of them including a very loud one who was eager to fight. And a tow truck to haul the car away. The mob did eventually get their way and Badrul ended up with no cash or car in hand. He came all the way from Johor Bahru, too. Naturally, he felt aggrieved and vented on FB.
You’ve got to feel for him, and we do. But while he had “hitam putih complete” documents for the deal, the whole practice of sambung bayar is illegal, and his documents carry no weight in the eyes of the law. No matter what’s written it it, or how much money he has spent on the car, it legally belongs to the man who pawned it away – the soldier, in this case. Can you depend on the broker? We didn’t see much of him in the dispute above, did we?
Obtaining a car via sambung bayar might seem tempting, cost wise, and easy, but it’s ultimately illegal. There are risks on the part of the owner too, should the new guardian of the car misses payments or if the car is used for illegal activity.
In December 2017, the home ministry said that cases of sambung bayar are against the Hire-Purchase Act 1967. In a written reply to the Dewan Rakyat, it said. “Action can be taken against owners who pawn their vehicles or sambung bayar to third parties without the bank’s knowledge and approval.”
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.
What do we think of sambung bayar? It’s illegal and not worth it. My BM colleague Farid Awaludin puts it nicely.
“Friends, in Malaysia, apart from the fact that there’s no car that can be imported without an AP and ‘cheaply’, there’s no law that can protect buyers of sambung bayar cars. The key is the geran; how is it possible to change the name on the geran when the bank loan hasn’t been fully paid?”
“Remember, don’t buy Singapore cars, don’t be conned by those who say they can bring in cheap cars from Thailand, and don’t buy sambung bayar cars. If you have cash, buy a car that’s of the same value as your cash. If not, take a loan like everyone else. Stop dreaming of having a ‘nice but cheap’ car,” he said, while addressing another illegal way of obtaining a car that’s ‘nicer’ than what you can naturally afford – cars from Singapore.
Looking to sell your car? Sell it with Carro.
I was a victim when I was young & naive thinking that “sambung bayar” can be done. I lost RM3k to a conman who took me to the Finance company just to make it plausible & look legit.
I guess many have fallen into this trick too. They say – Any incident(loss) that did not break U will may U stronger latter holds true.
PT Farid Awaludin bruh got it nicely, there’s no law that can protect buyers of sambung bayar cars. Btw, what is “sambung bayar” term in BI?
Continue pay. Inb4 capt obvious
Then take law into own hands la… Go posting tangan them 12 bastards
In Bahasa Inggeris(BI)=Continue installment. My gut feeling is U already know but still want to ask.
Only in New MY. Thx to ganster gomen.
old Government, gangster work with government hand in hand to songlap
that Saga belongs to the soldier.
Soldier fault or Badrul Hanafi fault?
The soldier shouldn’t have attacked Badrul Hanafi. Surely the soldier would have sold it through a third party, so why not combine forces with Badrul Hanafi & fight the third party.
Honestly Badrul Hanafi is somewhat innocent here.
New govt continue to con us left and right
Betoi.. Pemuda nowadays kene adab bicara.
In Dec 2017, the home ministry alredi said sambung bayar are against Hire-Purchase Act.
Soldiers wei the very men that swore to protect the country and its citizens.
To see such a large gang of soldiers behaving so samseng is a real epiphany, when one should ideally be contrasting the other. The integrity and brevity of our nation’s protector has been jeopardized.
So if war breaks out, does this coward gonna need his geng to fight for him too?
I suggest polis tangkap the stupid buyer also, not just the mob.
Rule of thumb – if the bank doesn’t approve your loan, that means you can’t afford it!
So stop acting as though u can pay and only buy what is within your means!!
Yep! There is a sucker born every minute. What a dud?
it’s crazy people can be so desperate to own a car.. both at fault.. just listen to the bank, they know the best! if cant afford a car just be patient and save more money to get one.. simple theory like this also cant understand ka?
Sometimes it’s not the seller that’s at fault. I remember trading in my car to buy a new car at a dealer & the salesman recommended this Indian fella who promised to pay enough to cover the loan. At first I thought he was from a used car lot, but lo and behold he’s a kereta sambung bayar peddler who took thousands of Ringgits from unsuspecting buyers, none of which ever got back to the original owners.
I was lucky in that the buyer got in touch with me & came to an agreement to the point that when he said that he’s leaving Malaysia last year I was able to get it back & sold it for a profit. But many weren’t that lucky. One of my friends fell victim to the same guy & her car was lost.
even a basic saga also cannot afford? Hahahaha…
Johnisohai, Why the need for racist insinuation here? It’s so obvious that the issue got nothing to do with any race or politics. Please don’t come here to paddle your narrow prejudices and arrogance. Like it or not, your racist uncivilized remarks are so yesterday, Malaysians ‘re moving forward, you can crawl back to whatever racist pigsty you came from for all we care.
And wat do u ride on? Sounds like sorry ass buttgati.
Inevitably correct.
Dont ever think that sambung bayar is …simply want ro help car owners..help yourself and family first,think many times b4 you get involve.
Johnisohai, Why the need for racist insinuation here? It’s so obvious that the issue got nothing to do with any race or politics. Please don’t come here to paddle your narrow prejudices and arrogance. Like it or not, your racist uncivilized remarks are so yesterday, Malaysians ‘re moving forward, you can crawl back to whatever racist pigsty you came from for all we care.
Johnisohai, Why the need for racist insinuation here? It’s so obvious that the issue got nothing to do with any race or politics. Please don’t come here to paddle your narrow prejudices and arrogance. Like it or not, your racist uncivilized remarks are so yesterday, Malaysians ‘re moving forward, you can crawl back to whatever racist pigsty you came from for all we care.
i have a feeling the soldier is taking advantage of the law to make money from people who believe in deal with a hand shake….
Had a quick read. Currently I would rather buy 2nd hand car rather involve in ‘sambung bayar’ problem. Not even relatives as money makes people blind sometimes.
At least the ownership proof I have later is usable with authority. Well, providing it’s a legal 2nd hand car dealer or honest owner. Or just get one from bank’s auction one.
The soldier is not the car’s owner for as long as there are installments due to the bank. The bank is the owner (Hak Milik di tuntut and all that).
That’s why it is called Hire-Purchase. You are “Hiring” it from the bank, until payment is completed, then it becomes the property of the erstwhile Hirer, and the bank will issue a letter to consent to remove the claim.
In this case, Badrul Hanafi was renting from the soldier who was hiring from the bank.
During BN rules, as long as the injustice not written in law,
Gomen will escape.
Case build bungalow mlm ponzi, going haji etc gomen will seize all money and not defending the weak.
Cheaters normally get out from jail with smile.
Some victims old man up to octogenarian.
All kawtim..technically cheating is ok as long as not written in gomen rule.
Then what for your religion?
9k tu ko tambah sikit dapat dah kelisa. Tak bertambah hensem pun ko bawa saga tu
DON’T SAMBUNG BAYAR/CONTINUE PAYMENT. It’s ILLEGAL. Just buy something you can AFFORD.
This is tactic used by scruples used car dealers that `bought` your car but latter sell it using this sambung bayar method w/o you knowing it. By the time u know it’s in 3rd party hand, it become in tangle with the 3rd party person also have invested some money into the car. You cannot do anything if u don’t have ‘muscle’ like these people and reporting to police is no help either.
when come to money never ever trust anyone, friends or relative the same (of course few and i mean very few are exceptional). i got it once, but painful and expensive lesson and made me wiser now.