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Personal loan payment failure and action from bank

117 Views  ⚫  Asked 4 Months Ago
asked on Feb 22, 2018 at 15:20
by   fazillah
edited on Apr 18, 2018 at 11:24
 
Saya gagal bayar loan Bank Rakyat bermula 2013 kerana diberhentikan kerja. Seseorang dari debt collection agency bank call saya hari  ini dan menuntut 30% dari amaun. Kegagalan saya akan akibatkan 1. Beku akaun bank. 2. Sita barang Dan rumah. 3. Bankrap.

Jika benar bila tindakan akan diambil?
Adakah saya masih boleh bincang dengan bank untuk bayar berjadual ikut kemampuan at this stage?
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10 Answers

answered on Feb 22, 2018 at 15:48
by   jeff005
edited Apr 18, 2018 at 11:26
 
Kegagalan saya akan akibatkan 1. Beku akaun bank. 2. Sita barang Dan rumah. 3. Bankrap. 
Boleh, tetapi it will be a long process and only bankruptcy if the amount is over RM50K.

Adakah saya masih boleh bincang dengan bank untuk bayar berjadual ikut kemampuan at this stage?
Go seek advice from Agensi Kaunseling dan Pengurusan Kredit (AKPK)
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answered on Feb 22, 2018 at 17:01
by   fazillah
edited Apr 18, 2018 at 11:28
 
Thank you jeff005.

Can I still go to AKPK as I am unemployed? 
I do not recall receiving any letter to court as claimed by caller. How to confirm this?
Can they sita property not mine. But my deceased mother?
The caller said AKPK can't help because it has already reached Bank Negara Malaysia. Is it true?
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answered on Feb 22, 2018 at 17:12
by   jeff005
edited Apr 18, 2018 at 11:32
 
Go to any court house, use your MyKad to check at the counter to see if there has been any Lawsuit before.

How much is the bank asking?. It is 5 years ago, the bank will file lawsuit to avoid the 6 years limitation act.

If there has been no lawsuit, there is still time to get a job and go under the protection of AKPK.

Can they sita property not mine. But my deceased mother? 
Not sita the property but movable assets like fridge, TV, sofa that belongs to you only.

Very unlikely they will do that, but under laws it can be applied to court if you have had a lawsuit before and is made a Judgement Debtor.

The caller said AKPK can't help because it has already reached Bank Negara Malaysia (BNM). Is it true?
Not true..  The person who call you can be the bank Debt Collectors not direct from the bank. Nothing to do with BNM.  In fact AKPK is established under BNM to avoid bankruptcy proceedings.

Sita rumah di Malaysia bukan macam ini.



The above can happen in Thailand because the whole building is made of wood. 
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answered on Feb 22, 2018 at 17:55
by   fazillah
edited Apr 18, 2018 at 11:33
 
The debt collector is asking for RM17K as 30% of total owed. I can't afford. And later asked me to bank in RM300 by this week to help delay the (3) actions. Should I?
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answered on Feb 22, 2018 at 18:27
by   jeff005
edited Apr 18, 2018 at 11:34
 
And later asked me to bank in RM300 by this week to help delay the (3) actions. Should I?
1.  Do not bank in even RM 10
2.  Do not sign anything. It will reset the 6 years Limitation Period.
3.  Go as soon as possible to check if there was a lawsuit before at any courthouse.

Use you Full Name and MyKad number. Google to see if anything turns. There is a very high chance there has been a lawsuit with this amount RM17K.

The debt collector is lying.. there is no delay for this type of RM17K.  It is to reset the Limitation Period.
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answered on Feb 22, 2018 at 18:29
by   jeff005
edited Apr 18, 2018 at 11:35
 
@ kiki

Bro.. please help her. I will not be around soon. Cannot follow up.  Thanks.
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answered on Feb 22, 2018 at 18:33
by   fazillah
edited Apr 18, 2018 at 11:35
 
Thank you so much  for your advice. I will check on that as soon as possible. 
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answered on Feb 22, 2018 at 22:55
by   kiki
edited Apr 18, 2018 at 11:36
 
@ kiki 

Bro.. please help her. I will not be around soon. Cannot follow up.  Thanks.

Noted.
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answered on Feb 28, 2018 at 18:48
by   fazillah
edited Apr 18, 2018 at 11:39
 
Bro @kiki,

Till now I  managed to check with the courthouse in Wilayah Persekutuan but seems nothing under my name.

The debt collector is calling everyday which I'm sure it is about the RM300 that I'm suppose to bank in. But I ignore the calls. They will call morning and evening everyday. 
Kindly advise. If I should answer what to say? What to do next?
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answered on Feb 28, 2018 at 19:25
by   kiki
edited Apr 18, 2018 at 11:40
 
Till now I  managed to check with the courthouse in Wilayah Persekutuan but seems nothing under my name.

It means the bank has not taken any legal initiative against you yet other than trying by the service of a debt collection agency.

The debt collector is calling everyday which I'm sure it is about the RM300 that I'm suppose to bank in. But I ignore the calls.

They asked you for RM17K and later willing to accept for a meagre sum of RM300. What they asked and what you agree is not legal binding, so you can ignore the calls.

They will call morning and evening everyday. Kindly advise. If I should answer what to say?

You can't stop them from calling but they also cannot force you to answer. If you need to answer them , then tell them to just proceed with legal initiative. It is the bank not them who has the final say. 

What to do next?

Try to think of a way on how you can repay the loan. eg.. Find an employment since you said you are unemployed.
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