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Malaysian Private Higher Education Law

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asked on Jul 10, 2017 at 16:55
by   alvera
edited on Jul 18, 2017 at 11:29
 
I really need a help to get more information about Malaysian Private Higher Education Law as I am now facing a problem related to paying my diploma education fees.

Previously I am studying my diploma at Cosmopoint International College of Technology (2012). After I finish my study (2015), I did not receive any notice from the college regarding to my pending payment fees, so I did not make any payment once I finish my study.

After a year I got a sudden call from them (2016) saying that I still have around RM 15k left that need to clear and they forced me to pay RM 7k to cover up my pending fees as my name already been listed as "not active payer". They gave me only 3 days to find money to pay the RM 7k, and if I failed to pay they will bring the case to court. After 3 days they called me again and I told them that I unable to pay with that much amount (as I am jobless around that time), so they reduced it to RM 2k, even so I still unable to pay since I really have no money on hand. They said they did not care how am I going to get the money, as long as I pay that amount then it will be okay (drove me crazy and thinking of unprofessional way to get money).

At last I only paid them RM500 then it automatically settled. Since the day, I started to pay them monthly in a small amount like RM300 - RM500, but sometimes I skipped paying because I have not enough. And last February I paid them RM500 and skipped payment for 3 months (jobless again). I've just started working again on May and can only pay them RM100 on June. Since I only paid that amount so they asked me to pay RM700 for the next month and their reason is because I skipped paying so many times.

But I have to skip paying again for July because my financial is not stable and planned to pay at end of month but did not tell them so. They keep calling me but I did not answer their call and suddenly today I got a message from them that they have passed my case to court because I don't want to pay. It's not that I don't want to pay, I wanted to pay but I will pay when I have money. I've told them that before and they did not say anything.

I've been told by one of my friend regarding to educational course payment, if the amount is less than RM30k, the college cannot bring the case to court and cannot blacklist me. I have less knowledge about the education law so I unable to back up myself.

I would really appreciate if there's anybody that can give me information and some advice regarding to education law. Thank you so much.
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3 Answers

answered on Jul 10, 2017 at 17:52
by   jeff005
edited Jul 18, 2017 at 11:26
 
 if the amount is less than RM30,000 the college cannot bring the case to court and cannot blacklist me.
Creditors can bring a person to court for even RM3,000. Lawyers fees can come up to RM3,000-4,000 depending on circumstances. Whether it is worthwhile to sue is the issue.
The Bankruptcy threshold at the moment is RM30,000.

The Educational Law is to regulate the Educational Institutions but not regarding debts collection. They can only try to blacklist you in CTOS only.

Go tell your FRIEND to study more on basic laws pertaining oneself.

Keep all records of all payments properly.

Wait for any lawyer letter (if any). Make sure you have updated one correspondence address to your creditor. Pay little by little within your means.
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answered on Jul 10, 2017 at 19:06
by   alvera
Is it that my case is actually grouped in Bankruptcy Law instead of Education Law?
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answered on Jul 10, 2017 at 20:08
by   jeff005
edited Jul 18, 2017 at 11:23
 
All Financial Debts are subject to Bankruptcy Laws when it exceeds RM30,999 (RM50,000 soon), the aggregate Total of which will make you insolvent if you cannot repay. (can loan from friends or relatives)

What has Education Laws have to do with your case?  No need to pay pay fees? Or pay back by installments?
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