Expensive meal
In a recent article, The Jakarta Post mentioned how some police officers take advantage of people's ignorance of the law. Unfortunately there also many other unscrupulous people and organizations who act similarly.
A businesswomen friend, who spends a lot of time traveling to Kalimantan, Bandung, West and Central Java and was therefore guilty of not settling her Diners Credit Card, was using the card one evening recently in Bandung when she was asked to wait for a moment. A Diners staff member approached her and demanded that she followed him to his office. She did so in good faith.
She was shocked when the guy suddenly tried to rip off her jewelry demanding it as a guarantee for payment. She managed to hang on to her jewelry. He succeeded however in making her sign a Surat Kuasa authorizing Diners to sell her car. Ironically the Surat Kuasa states that she signed on her own free will, but prior to signing he threatened that he would arrest her and she would have to go to jail that evening if she didn't sign. He also insulted her in several ways.
The collection manager from Jakarta, a Mr. E.B. who spoke to her over the phone accused her of being a Call Girl for using the card to stay in the Hotel in Bandung. He also bad mouthed her and her company using despicable and impolite language.
As it was evening, and my friend never experienced this kind of treatment, she was shocked and frightened. Without any counseling she was worried what might happen to her in jail. She eventually signed and let Diners take the car.
This kind action, according to my knowledge of the law, is illegal, as Diners:
a) knowledgeably and willfully misrepresented the law.
b) blackmailed and intimidated this lady who doesn't know much about her lawful rights.
c) intimidated her to sign the SK without a notary as a witness and to explain the consequences.
After discussing the problem the next day with her friends and relatives, she went back to Diners in Bandung to explain their mistakes and tried to settle the situation peacefully. However it turned out that they showed no interest since they already held the car. When she entered the Diners' Office, some of the staff again made unbecoming comments. They claimed it was not the manager, Mr. E.B., she had talked to on the phone, but a lowly collector, Mr. Y.
Funnily, that evening everyone referred to him as "Mr. E.B" and addressed him as Pak E. So why the sudden denial?
I believe my friend has reasonable grounds to sue Diners for aggravation, blackmail, intimidation, hardship, loss of business, etc.
To strengthen our case, we would like to hear from others who have had similar experience with Diners, so we can present this as evidence in court. Please write to us with your complete details, phone number and address: P.O. Box 4263. Jakarta 12042.
If anyone can give us additional information and advice about the legal situation, we would appreciate your assistance.
With your help we can try and make Diners obey the law, act in a professional manner and behave respectfully so others will not have to go through this frightening experience. After all, a court should decide what to do with delinquent Diners clients. It is not the job of Diners staff to be law enforcers.
D. CHAMPEL
Jakarta