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Pinjaman Pelajaran

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asked on Apr 7, 2022 at 20:33
by  
edited on Apr 7, 2022 at 22:04
by   MisssXxx
Salam dan selamat sejahtera,

Saya ingin bertanya berkenaan hutang pinjaman pelajaran. Saya ada anak perempuan yang meminjam Rm48k dri (PT). Malangnya, selepas tamat belajar anak saya mendapat sakit gangguan mental. 
2-3 tahun berubat, barulah dia agak okey. Dan selepas itu dia hanya bekerja di warung sebagai pembancuh air. Gaji bulanan tak mencecah 1200. Dengan gaji kecil itu dia terpaksa menampung saya yg tidak berkerja.

Saya sebagai ibu yang kurang ilmu mengabaikan hal  pinjaman pelajaran anak saya. Anak saya pun tak mampu bayar ikut ansuran yang ditetapkan.
 Setelah berhubung dgn pihak PT  untuk menstrukturkan semula bayaran, mereka menyuruh anak saya mmbayar 1/3 drp jumlah tunggakan. Lbih kurang 10k. Kami tak mampu bayar kerana hutang telah tertunggak selama 8 tahun.

Soalan saya: 

1. Perlu ke anak saya mengishtihar bangkrapsi dgn sendirinya? Atau perlu tunggu PT saman bangkrapsi?

2. Seandainya anak saya tidak istihar bangkrapsi, ada kemungkinan atau tidak WSS dilakukan ke atas kediaman saya? Anak tinggal dgn saya. Tapi harta benda dlam rumah saya yang beli?

Harap ada yang dapat berikan jawapan. Terima kasih.

....
Greetings and peace,

I would like to ask about student loan debt. I have a daughter who borrowed Rm48k from (PT). Unfortunately, after graduation my she's got mental disorder.
2-3 years of treatment, then she was quite okay. And after that she only worked at 'warung' as a drink maker. The monthly salary did not reach 1200. With that small salary she had to accommodate me who did not work.

As a mother who lacks knowledge, I ignore my child's education loan. My daughter also can't afford to pay the set installments.
 After contacting the PT to restructure the payment, they told her to pay 1/3 of the total loans. About 10k. We can't afford to pay because the debt has been piled for 8 years.

My question:

1. Is it necessary for my child to declare bankruptcy on her own? Or she need to wait till PT file for bankruptcy?

2. If my child does not declare bankruptcy, is it possible or not that WSS will be done on my residence? She live with me. But all property in my house I bought long time ago.

Hope someone can give an answer. Thank you.
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8 Answers

answered on Apr 7, 2022 at 22:12
by  
edited Apr 7, 2022 at 22:39
by   jeff005
@ MisssXxx

Malaikumsalam..

Just my personal comments (non-legal)

You appeared to be an educated mother, so my English should be easy to understand.

Qs..

1. Is it PTPTN loan?

2. At what age did she signed the PTPTN? If below 18 rear old, any contracts or agreements she signed is not recoverable, as a minor, it is not legally binding and recoverable. 

3. mendapat sakit gangguan mental. Legally speaking, if she is deemed a "mental OKU", she is temporary incapacitated to work. However, she should be certified /examined by a Certified Govt Doctor. This should discharged her from the loan. It also depends what was stated in the contract signed with PTPTN.

You should have signed as a guarantor parent, most likely in the lawsuit (if any), you would be the party to the lawsuit.

Kami tak mampu bayar kerana hutang telah tertunggak selama 8 tahun.
I do not think PTPTN would launch any lawsuit against your doter. If there is, you can set it aside by invoking the Limitation Act ( Had Masa). Any lawsuit for recovery of any loans must be carried out within 6 years on first default of repayments of the loan.

1. Perlu ke anak saya mengishtihar bangkrapsi dgn sendirinya? Atau perlu tunggu PT saman bangkrapsi?
You or your doter cannot be bankrupted. The bankruptcy threshold now is RM100,000 which makes it impossible for PTPTN loans with very low interests rate to reach this level. In any case, study loan guarantors cannot be bankrupted by virtue of the Bankrupt Laws 2017 (I.A.2017)

2. Seandainya anak saya tidak istihar bangkrapsi, ada kemungkinan atau tidak WSS dilakukan ke atas kediaman saya?

First of all, PTPTN must start a lawsuit on your doter, sometimes together with your name as guarantor (as co-defendant). If she is made a Judgement Debtor (and /or you) = Penghakiman Penghutang, then only the next step is WSS.

Based on a restructuring of loan balance to RM10,000 I do not think PTPTN would launch any lawsuit (this is my personal opinion).

ada kemungkinan atau tidak WSS dilakukan ke atas kediaman saya dan saya di hukumkan sebagai Penghutang (sebagai Guarantor)?

This is slightly possible if conditions permit.

PTPTN is to help the underprivileged Malays for the purpose of further education. Your doter has medical issues and unable to work according to her qualifications, in order repay the loan. PTPTN should advocate compassion and humility on deserving cases.

Just make sure the address is correct (in PTPTN records) in order to receive any lawsuits. 

No worries, I do not think PTPTN will take action on this small amount. 

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answered on Apr 7, 2022 at 23:37
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Latest PTPTN update :

https://www.thesundaily.my/home/ptptn-borrowers-urged-to-use-repayment-discount-FB9047997#pk_campaign=MASwpn&pk_kwd=PTPTN+borrowers+urged+to+use+repayment+discount+
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answered on Apr 8, 2022 at 05:58
by  
@jeff005 thanks so much for replying...

Regarding your Qs:

1.Yes. Ptptn

2. 19 years old when my daughter signed it.

3. We only got certificate from non-gov psychiatrist when my daughter under treatment. But after that O only took her for 'berubat cara kampung' and she got better.

And I also get a question: 

1. If PT sent Writ Saman (and ask my daughter to go to court, should she go)? Or just ignore it?
We really don't have any extra money...
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answered on Apr 8, 2022 at 11:25
by  
MisssXxx

1. If PT sent Writ Saman (and ask my daughter to go to court, should she go)? Or just ignore it?
We really don't have any extra money...
My personal advice to ALL is to attend any Writ Saman Mahkamah.
Jangan buat bodoh. 

If you did not attend, you can be awarded a Penghakiman Ingkar (Judgment In Default) which in most cases, a very unfavorable one.

If a debtor attend, one can contest against the high interests rate and lower it down (even if you cannot afford to pay any Ringgit now).
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answered on Apr 8, 2022 at 11:33
by  
edited Apr 8, 2022 at 11:58
by   jeff005
MisssXxx

You are very anxious now, did you receive a Writ Saman?
If yes, post it here for discussion.

You need not use lawyer services, you can self represent (bertindak sendiri) or you can seek advises from BBG or BCLAC. Both these 2 free legal aid orgs can act on your doter's case on a pro-bono basis (disburse the lawyer's travelling expenses only - no fees charges). The main criteria is that your doter may not be fully recovered to attend court proceedings. (must show the certificate from non-gov psychiatrist)

I may to offer an alternative for your doter's kind of situation, but first must receive a Writ Saman and read what is stated inside esp the "tuntutan" is all about. No need to engage lawyer services if you cannot afford (times is really bad).

Further Qs :

1. Your doter's current employment, does she have EPF & SOCSO benefits? Or she has ever has these 2 accts before?

2. If ever there is a writ saman, do you think she can attend court proceedings? By attending, can it cause a "relapse" emotionally?

3. She should be around 30-31 now.. rite? Single?

4. Should you attend, can you speak on behalf on your daughter (with the permission of court). It is in Malay Language proceedings. I had assumed that you are a Muslim Malay and is quite educated.
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answered on Apr 8, 2022 at 12:50
by  
@jeff005

No Jeff, my daughter not recieved any Writ or LOD yet. I'm here for precaution step if something happen in future.

1. She has EPF before PKP.

2. And I don't think she can attend any crowded place often bcoz she'll relapse.

3. She's single n 30.

4. I'm not sure if I can speak properly in court. But do you think court can lower the loan payment per month if my daughter attend to court?

My Qs:

1. What the worse will happen if my daughter ignore all Writs? She will not end up in prison right?
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answered on Apr 8, 2022 at 13:27
by  
MisssXxx

1. She has EPF before PKP.
Great.. KWSP statement submission of 2 years unemployment without KWSP is proof of not in gainful employment. It does work wonders.

2.  [4. I'm not sure if I can speak properly in court}
No issues, the presence is important, most requests is via filing in "affidavits". Sometimes the Hakim may just ask simple Qs only.

3.  [4. But do you think court can lower the loan payment per month if my daughter attend to court?]
The answer is YES
"My" basic idea is to ask for ansuran within the debtor's ability to pay after deduction of personal living expenses plus securing a reasonable "discount". The debtor should attend the court proceedings and make requests to the Lawyer representing PTPTN. The court cannot lower (not within the court jurisdiction). The "appeal" must be direct from the defendant/s via affidavit filings.

What is the monthly repayment?

What the worse will happen if my daughter ignore all Writs? She will not end up in prison right?
Owing student loans or credit card debts do not go to jail.

Ignoring writs will end up with unfavorable judgment and does not go to jail.

Only ignoring a JDS writ can be jailed "in contempt of court order" to attend court proceedings.

To know what is a JDS writ.. read here..

https://www.lawyerment.com/answers/questions/14145/what-is-a-judgment-debtor-summons-jds-in-malaysian-courts

Check this link using ur doter's MyKAD 14 digit numbers to see if PTPTN has bar her from travelling overseas :

https://sspi.imi.gov.my/sspi/
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answered on Apr 8, 2022 at 14:04
by  
@jeff005

Thanks a lot Jeff for all your explanation. I'm really appreciate it.
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