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Petisyen Pemiutang - Hearing on 14/11/2017

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asked on Nov 10, 2017 at 23:51
by   DingXiang
edited on Nov 10, 2017 at 23:57
by   DingXiang
Hi All,

Please advise.

   First, let me tell you that I had no idea how big/complicated bankruptcy proceeding is/could be until I came across this page. I realize now that I have been a complete noob all this while.

   I had a personal loan with X Bank for RM 30000 and was paying the monthly installments diligently until the end of 2014 because my father got into an accident and had to quit working at the exact time I bought 2 cars, one for me and my father.So, I decided to sell 1 of my cars to my ex-friend and his family who at the time promised to pay me the RM 10000+ I paid as Deposit for the car. I passed the car to them as agreed. (They have been using it since Day 1)

   I fell into woe after woe and had such financial crisis that I could not settle my bank loan and in December 2016, I was contacted by a staff from X Bank's Collection Department who told me I am already a bankrupt (liar) and I must settle the account to avoid further action. I agreed to settle and she gave me an offer to settle my RM 39000++ outstanding for RM 25000. 

  After getting the offer letter, I requested my friend's family who had spent the past 2 years asking me to wait for my friend's brother to come back from overseas to settle my payment, to pay me the amount they owe me as I am already at the end of the line. They also owed more money to me as I have also lent them money of almost RM 10K apart from the car. Long story short, the whole family screwed me over and told me that they had always thought that this was a "sambung bayar" and they "don't remember" of ever agreeing to pay me the deposit. (I know that normally it's considered 'burned' but I considered these people as family and believed them, otherwise I would have just sold the car then or gave it up for rental instead of getting stuck in debts) and since ours was a verbal agreement, there was nothing I could do. I was financially still unstable and in a lot of stress as my father passed away just sometime before this happened. They made it sound as if it was all my fault and I am bad with finances (I agree and am not blaming anyone else for my troubles, as I had been stupid to trust them but it's not those scoundrel's place to tell me and they are practically cheated me.) This was at the end of 2016. Anyway, the offer from the Bank expired since I cannot pay the RM 25000.

 
   So, it's 2017 and I went and collected a notis Petisyen Pemiutang dated 5-May-2017 from the Lawyer's office itself and have since been in negotiation with the bank to settle my account.
The bank staff at the time told me to pay at least RM 500 in May 2017 at least to cover the interest charges and I did as asked. They also promised that the proceeding is temporarily on hold while I pay.
 
   To my surprise, I did not receive any other notice from them until an agency contacted my with the newspaper clipping of the ad X Bank posted in New Straits Times about my case. The trial is on 14/11/2017. 

   My question is, I have called the bank's lawyer today and asked her whether we could do a penangguhan of my case as I am in the midst of selling the 2nd car to my backstabbing ex-friend and also will receive a few thousands this month and in February 2018 next year which I can use to settle the bank loan at least partially.
   
   She told me to just come to the hearing and tell the judge that I want to do a penangguhan of the case and judge will grant it. I asked whether I need to file any notis bantahan or saman dalam kamar, and she said no need.

   She just told me to come and that it is up to the judge to approve my request of penangguhan.
She also said that PKP will normally grant the penangguhan if I was present. Is this true? Is it okay if I did not file any notice before I ask for penangguhan? Also, what are the reasons I can give and what exactly do I have to tell them to give me time to settle the amount with the bank?

Please advise.
I am really confused and really really use the help.
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answered on Nov 13, 2017 at 23:52
by   vkpc
Where is the
a. Notis Kebankrapan?
b. Afidavit Penyampaian Ganti?

Tomorrow at 2.30 PM
Are you sure it is afternoon and not morning?
Call up the bank lawyer to confirm the time.
Go early to find the correct room and register your presence.
Tell the PKP you and the bank is trying to work something out so need more time.
PKP will give you another date, write it down.
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answered on Nov 20, 2017 at 03:40
by   DingXiang
edited Nov 20, 2017 at 03:42
by   DingXiang
Hi all, sorry for the late update. 

Court is really a scary place to be in. I managed to get the postponement from the court for about 2 months. 
Although, I did not get any documentation from the court afterwards. I just left. Hope that is normal. 
Thank you All for the support and advise.
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