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Bankruptcy Petition: Fraudulent case of loan

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asked on Jul 26, 2017 at 16:33
by   elle_jbl
edited on Aug 4, 2017 at 03:34
 
My cousin sister found out she got a loan and credit card debt with UOB when she was working with Airasia, in November 2014. She was blacklisted and couldn't open bank account. She went to UOB, found out she has a housing loan and a credit card debt which was signed in January 2004. She was then working as waitress and moving around jobs, with a salary of RM700. She did not sign the S&P or offer letter. She didn't even have a payslip until she starts work with Airasia. EPF account was then open in November 2014.

She went to file in a police report then, and went to Bank Negara Malaysia and managed to open an account in Maybank. Bank Negara sent an email stating that she has the right to open account.

After years gone-by, UOB continues sending harassment letters plus calls but last year, they send a notice that they will bankrupt my cousin. My cousin then forward the police report again but useless. Last week her account with Maybank was frozen due to petition that UOB filed after 13 years.

She went to Bank Negara, they told her she make a mistake by not following up for so many years and they couldn't help. Honestly, how could she follow up when she did follow up with UOB, they told her to get more prove and get the S&P. She has never seen the developer and how to get more prove. That year was also 2004, somehow the scam not only bank loan application but also Maxis or Digi line where she has debt of RM2,000k when she didn't even have the number. Someone been using her NRIC and apply all those.

Questions:
1. Is there anything else we can do?
2. Can I know, after their petition, she has to attend court or wait until she is a bankrupt? I couldn't find much info, is it true, after 6 months of petition, then she becomes bankrupt?

Hope someone can give us some guidance on what we should do.
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3 Answers

answered on Jul 26, 2017 at 17:44
by   vkpc
If she doesn't oppose the petition soon, there is a high possibility she will become a bankrupt.

Go to UOB HQ Legal Dept and ask for a copy of the Notice of Bankruptcy ( Notis Kebankrapan ) and Creditor's Petition ( Petisyen Pemiutang ) if any.
Do this asap today or tomorrow, do not delay.
Do not argue with the UOB people, just say that you want a copy with a smiling face.
Post the image of the 2 documents here for checking.

From the 2 documents, it will be stated the Case Number and which Court it is filed it.
From there, she can go to the Court to do a File Search ( carian fail ) to get more documents on your case and file opposing documents to prevent bankruptcy.

After successfully blocking bankruptcy, she can sue UOB for damages later.
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answered on Jul 28, 2017 at 05:39
by   elle_jbl
edited Aug 4, 2017 at 04:17
 
Thanks for your advice. Really appreciate. She has proceed with your advice. 
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answered on Jul 29, 2017 at 03:01
by   elle_jbl
edited Aug 4, 2017 at 04:18
 
@vkpc, my cousin got the 2 documents today also get more info about the loan. She also found out who forged the document - Her family member. She decided to pay for it as she didn't want to send her family member to jail. Hopefully, the bank can give a better package as she is going to ask for settlement.

Thanks for all your help. Any advice would be appreciate.   
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