Government loan that is quite tiresome, loathe this! grrr

Hey Ms Eng,

I would like to make it clear here that I have made a phone call (a conversation between buyer-me and you) regarding a letter received from BPP today 4th June 2010 around 9.48am, and I believe you have the copy of the particular letter sent to you (its cc to you). I am referring to a letter : PP 7987/2010/04 date: 25/05/2010. Please make all possible action to accelerated approval of my gov loan. Thanks.

Regards,
Kapten Nor Azreen binti Zakaria
Lot 5574, Bandar Akademia

She replied,

Dear Cik Nor Azreen,

First, the said letter is formally written to you by BPP, and we are only the party who received the carbon copy of the letter.

According to our telephone conversation, I have informed that the BPP letter has been forwarded to the Developer to enable the Developer obtain the Disclaimer Letter from the chargee bank. We also forwarded to you the said letter and you will be receiving the copy by post soon.

Notwithstanding so, I have also informed that it will take sometimes for the Developer to get the Bank’s lawyer to sign on the Disclaimer Letter. I have promised to you that once I received the letter I will contact your father, En. Zakaria, to collect the letter from us.

Apart of the above, I need to make myself clear here of my position. I, on behalf of the solicitors’ firm who’s acting for the Developer, my duty am only to get instruction from the Developer (our client) and not anybody else. We have indicated very clearly in the “Certificate of Non Legal Representation” signed by you on the same day you sign the agreements.

As we are acting for the Developer, therefore we have to liaise with the Developer to get the necessary documents for you, but, bear in mind, I will not to accelerate approval from government for your loan application. This is not our duty but is your responsible, as a government loan borrower to follow up with BPP officer.

Please take note, the BPP might be asking for more additional documents which are not foreseen by us.

In future if you have received any queries from BPP, I would appreciate you contact me or Ms. Melissa Yun (my colleague) before you, or your father visit to our office. We would be happy if we can help the purchaser to clear the doubt. The reason I say so simply because I do not want any purchaser to make any unnecessary travel, some of the queries is actually can just resolve via telephone conversation.

Kindly take note that, your BPP queries is not our first case, except you, they are plenty of government loan borrowers patiently waiting for Developer reply to answer the BPP queries. All of them are hoping to make the matter become simple and to expedite the process.

Beside this, I feel sorry that I couldn’t do anything on the SPA that brought to us by your father on the other day. It is because your father has not clarified with the BPP officer what they actually required. In fact this is a legally binding contract. Please understand that we cannot just simply put any chop on the agreement as it will make the agreement void.

Lastly, I hope the above had made you clear of our position.

Regards,
Ng Pit Yee
Legal Executive
C. S. TANG & CO. Advocates & Solicitors

I replied;

Hey Ms Eng,

First of all thanks for the lengthy description. I understand your stand as per conversation we had on this morning, that is nothing weird on the contract signed, I mean the POA,S&P, and things, but I am really interested with the forth paragraph you've stated there which was " I, on behalf of the solicitors’ firm who’s acting for the Developer, my duty am only to get instruction from the Developer (our client) and not anybody else. We have indicated very clearly in the “Certificate of Non Legal Representation” signed by you on the same day you sign the agreements". Was that mean I am not a client to you? So here come the question, why the need to pay RM1.6K to your agency then? (the one that I asked for the original receipt when I came to yr dept the other day). Do kindly clarify this, I noticed this is really external from my understandings here. Next, "I feel sorry that I couldn’t do anything on the SPA that brought to us by your father on the other day. It is because your father has not clarified with the BPP officer what they actually required. In fact this is a legally binding contract. Please understand that we cannot just simply put any chop on the agreement as it will make the agreement void. " - I would like to stress and stand my point so that you don't blame my father, what is really going on is that, I, the one who meet up the BPP's officer, and my father just did what I told him to do. I just couldn't get to see you just because I work in Ipoh , I can't possibly go there because I am not around, I can't. The point here is, the officer asked to, not intention by us. Hope you understand this need. And you're claimed that you won't, then just do whatever it is necessarily to make it legal to BPP. Can you make this?

I appreciated the help given and I hope there is always help offers in future as I don't want to make things complicated and really hoping to settle it asap. As your advice, I will inform my father to give you a call before seeing you. Thanks.

Regards,
Kapten Nor Azreen binti Zakaria

Then,

Dear Cik Nor Azreen,

To answer your query on the sum of RM1,600.00 you paid to us, kindly refer to our Bill dated 30.3.2010 which you also have a copy. Please take note that we are only billed you for the disbursement incurred and not billed for our professional services rendered. The said bill had stated that our professional charges had been waived. Therefore, we are acting for the Developer and you are the Purchaser who is not represented by any solicitors.

Please also refer to the documents attached here for your reference. The “Letter of Undertaking” and “Certificate of Non Legal Representation” both signed by you on 29.3.2010, it will make you more understand on what I have explained to you.

The disbursement that you paid is solely for the preparation and finalization of the sale documents, i.e. stamp duty, registration fees, title search fees, filing fees, miscellaneous fees and etc. This is different from professional charges.

In order to make you understand why we are only acting for the Developer and not Purchaser as well, simply because we are practice pursuant to the rules lay down by the Bar Council and Legal Profession Act. That is to say, in a single Sale and Purchase transaction, we can only act for one party and not more than that.

My earlier e-mail does not carry any message to blame anybody. I am only taking the opportunity to inform you what had transpired in our office and also inform you the reason why we can’t do anything on the SPA, it is to avoid any misunderstanding occur amongst ourselves. I have also been informed by your father that you always have to travel and hardly get chance to meet up with us. For us, this is not a matter as we can accommodate with each other and proceed with the necessary action.

As what I have informed you, we are still waiting for Developer reply and will contact your father once the Letter of Disclaimer reaches us.

Regards,
Ng Pit Yee
Legal Executive
C. S. TANG & CO. Advocates & Solicitors

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