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Need help with fighting banks to avoid bankruptcy

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asked on Mar 23, 2017 at 00:42
by   Freya
To all fighters in the forum, I need help!

I am another debtor who owe banks too much money and might get notice of bankruptcy soon.

My aim?  

About me:
Age: Turning 42 this year (jobless in 2012, 2013, working in 2014, worked for 2 months in 2015 and current job started end Oct 2016), now having a job is the reason why I am concerned about my financial crisis/status.

Total debts: ~ RM435,000 (snowball since 2013)
Breakdown of debts (as at 14/Mar/2017):
Stand Chart: RM143,800 (interest stopped after I emailed them all my medical report)
Citibank: RM37,112.92
CIMB: RM16,245.52
UOB: RM131,443.65
OCBC: RM75,000++
HSBC: RM27,169.52 (interest stopped)
HLB: RM101,100.18 

Legal status (as in ccris report dated 14/Mar/2017): 
Citibank: Three Judgement Order (only received one court summon though!!)
OCBC: Summon/Writ files (but didn't receive any summon from them!!!)
HLB: Judgement order (didn't receive any summon from them too!!)
UOB: received court summon, but legal status is clear in ccris report.

As for the date of the Judgement order/Summon, the ccris report a bit cacat, I can't see the year, the last digit is missing, for eg: Date Status Updated = 12/07/201 ??? (truncated because printer issue I think).
For this issue, can I call the banks to ask for the exact date?

Went to AKPK recently and they proposed a monthly instalment of RM3500 for the first 2 years, according to the counselor, all banks refused to waive interest or discount even though he proposed, this I don't really believe, don't tell me, out of 7 banks, not even one bank is willing to give RM1000 waiver/discount?
So my journey of fighting officially starts today.

I would like to get the exact date of the writ/judgement order, should I call the banks up?

I am prepared to fight, I am still reading up threads, William Chan's book, "how to represent yourself in court to fight banks" as well as bankruptcy act 1967, posting my issue here as you guys are more knowledgeable, experienced and can give better advice faster as what I can absorb from the threads and books are limited in some sense. 
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answered on Mar 28, 2017 at 18:15
by   jeff005
edited Mar 28, 2017 at 18:19
by   jeff005
I mentioned NOT TO CONTACT the lawyers. They will sure ask you to contact the bank. Use yr ic or house address, just go to the courts governing your district, everything will come out. Easy way to do it. Why always choose the hard way? There are only 2 courts in yr areas, what is exactly yr issue?

Kiki meaning = deadend
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answered on Mar 29, 2017 at 00:45
by   kiki
Heyya Freya,

You seems to have adjudged a JID but have not recieved any writ summons .. court documents, ..etc.

Just wondering, if one of those creditors were to serve you a Notis Kebankrapan thru a substitute service ie advertising in newspaper, meaning you would only know that you are a bankrupt when you are unable to withdraw your salary from the ATM, that your a/c has been frozen.

If you have the number of each court case then maybe you could at track the status online quietly thru the efiling kehakiman.
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answered on Mar 30, 2017 at 02:38
by   Freya
@kiki,

The thing is I don't have the 2 case number which Hong Leong Bank and OCBC bank's lawyers filed behind my back, therefore I guess I cannot track the status online "quietly".
I am still waiting for ctos' reply, something wrong with my online login.

vkpc said I should write to HLB and OCBC banks' lawyers demanding for a copy of the summon but jeff005 told me NOT to contact the lawyers, so to contact or not contact actually??
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answered on Apr 10, 2017 at 03:43
by   kiki
2014: applied for mental OKU and got the card (should have applied earlier but didn't know about it) 

heyya Freya,

Below is an excerpts from the newspaper with regards to the proposed revision to the existing bankrupcy law. If it really goes according to what this paper has summarised, it looks like you gonna  win your fight with just one piece of affidavit.

..pelepasan daripada kebankrapan tanpa prosedur bantahan oleh pemiutang bagi golongan bankrap yang ditetapkan. 

“Golongan itu ialah penjamin sosial yang dibankrapkan di bawah akta itu,bankrap yang telah meninggal dunia, bankrap yang disahkan oleh Jabatan Kebajikan Masyarakat (JKM) sebagai seorang yang dikategorikan sebagai orang kurang upaya (OKU) dan bankrap yang telah disahkan oleh pegawai perubatan kerajaan sebagai penghidap penyakit kronik atau serius,” katanya.
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answered on Apr 12, 2017 at 00:44
by   Freya
@kiki

Thanks!!

Where did you get this from?  Can send me the link?
If this is true, the banks might not sue anymore, unless they want to donate to lawyer.
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answered on Apr 12, 2017 at 01:15
by   jeff005
edited Apr 12, 2017 at 01:17
by   jeff005
Financial Laws still require them to make an application to make you a bankrupt. Only after you have tendered your OKU docs and maybe further current medical checkups as ordered by the High Court, can only the N.K. is set aside.

Your old OKU status is useless in the High Court. Current medical prognosis is legally required. Not one medical officer. But a team of at least 3, comprising of real senior government medical specialists officers.
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answered on Apr 12, 2017 at 01:29
by   vkpc
OKU card is valid for life.
....................................
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answered on Apr 12, 2017 at 01:35
by   jeff005
In the event of not being able to bankrupt a mental OKU, which may or not be permanent in nature, the debt is still there. So, dun let the bill collector catch you working via your EPF and Socso contributions. The creditor will apply for a JDS to commit you to attend court and submit your statement of affairs and make you pay monthly within your means for debts repayment. Living in aircond rooms and driving cars is a no no. Take bus 11, the Judge would decree out.
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answered on Apr 12, 2017 at 01:44
by   jeff005
edited Apr 12, 2017 at 02:01
by   jeff005
Just personal opinions.

No.. not all OKU cards is for Life.
Those with permanent disability is. Those whose fingers or legs which are amputated are permanent OKU. Even with severed nose or ears are partial disability.

Mental OKU is not permanent disability. Mental illness can be controlled.
For mild mental illness, it is curable with appropriate healthcare from the caregiver.
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answered on Apr 12, 2017 at 03:37
by   kiki
Where did you get this from?  Can send me the link? 
The link is as below. Courtesy of nexus

http://www.parlimen.gov.my/files/billindex/pdf/2016/DR/D.R.%2021_2016_bm.pdf

Pindaan seksyen 33b
36. Seksyen 33b Akta ibu dipinda dengan memasukkan selepas subseksyen (2) subseksyen yang berikut:
“(2a) Notwithstanding subsection (2), no objection shall be made against—
(a) a bankrupt who was adjudged bankrupt by reason of him being a social guarantor;
(b) a bankrupt who is registered as a person with disability under the Persons with Disabilities Act 2008
[Act 685];
(c) a deceased bankrupt; and
(d) a bankrupt suffering from a serious illness certified by a Government Medical Officer.”.
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