Lawyerment Discussion Forum The Malaysian Law Discussion Forum for All |
|
|
|
|
|
 | Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| I noticed Ms Eunice is interested knowing how when opening a file with JIM. Hope this might help.
My husband was one of the victim in 90s economic crisis. We hv a long list of creditors. So don't worry too much. I noticed his bankruptcy ref no in HIgh Court dated 2003. But JIM file ref is 2006. I guess it took 3 years to reach that stage. However, if you fight, it might takes longer. Good Luck.
My husband was asked to sign SURAT PENGAKUAN that we will get back to JIM in 14 days. Then the Statement of Affairs form to fill up at home. Completed the form and we bring along our bank latest stmts & bank books (we were prepared years ago, so most acts are lesser than rm50). Also SNPs which the properties are in NPL, credit card stmts & all other creditors stmts. Photocopied to pass to JIM.
Got back to JIM office. The Official Assignee (the person in charge of our file) checked thru. Everything ok. Then we were asked to bring the Statement of Affairs to Commissioneer For Oaths to certified.
You might want to check with yr OA if you need to bring along money coz when u get back to them in 14 days, most probably you will be ask to pay for 1st installment.
However, my husband has to go overseas for work. There will be another long story. Let me know if anyone interested. Be glad to share. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Eunice Lim | |
| dear Jane,
So thankful that God send me another bright in my darkness. Jane, I really hope you can share the most with me. Is most appreciated from me.
1) What's Statement of Affairs?
2) Do you mean that when your husband had adjudged to bankruptcy for 3 years & only request to approach JIM as well?
3) If yes,what's the status of your husband in within that 3 years? He can still travel overseas?
4) How will your husband declare his asset to JIM? Did JIM take any examination on it? Say if you miss to declare one of your asset, do them find out?
5) In your case only your husband to adjudged to bankrupt, how's the affection to you? Will JIM need to check your status too?
6) How much your husband owe to creditor? How much is the installment your husband pay to JIM?
7) What's the restriction for your husband in serving to bankrupcy?
8) What's the restriction on you? Can you still acquire any asset eventhough you're not in bankrupcy?
Thanks Jane, really appreciate you can add your point that you think I should know the most. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
1) What's Statement of Affairs?
A bit too long to mentioned all. Just a form to declare yr cash in hand/bank, asset (stocks, machinery) & other creditors (other than that bank which sue you bankrupt). The OA will go thru & explaining one by one.
2) Do you mean that when your husband had adjudged to bankruptcy for 3 years & only request to approach JIM as well?
[b}I was told when a bank sues u for bankruptcy, it will takes around 2-3 years before you could be declared as bankrupt. Well, at that time we could not afford a lawyer & know nothing about Lawyerment. Life goes on.
3) If yes,what's the status of your husband in within that 3 years? He can still travel overseas?
He works overseas & unless something urgent, he is there all year round. During that 3 years, he came back once. No problem at immigration. Me & my son travel to see him.
4) How will your husband declare his asset to JIM? Did JIM take any examination on it? Say if you miss to declare one of your asset, do them find out?
We loss everything in 90's crisis. No asset. Whether JIM take any examination on it, sorry I don't know.
5) In your case only your husband to adjudged to bankrupt, how's the affection to you? Will JIM need to check your status too?
No affection on me at all. He is the bankruptcy. Not me. Well, my turn is coming soon. Dont know when. My name was used to refinance our hse. Mine even worse. We took an Islamic loan as refinancing back then. Borrowed RM180k. Suing me RM460k. Now, I'm just a homemaker, how to pay half a million??
6) How much your husband owe to creditor? How much is the installment your husband pay to JIM?
Bank sued him for RM350k. This is a 4 partners property. The saddest part is only my husband & another partner being sued first. 1 partner MIA. Another one still able to travel without restriction. Monthly rm500.
7) What's the restriction for your husband in serving to bankrupcy?
He is given a certain period of time to be in overseas. 1st & 2nd application, JIM approved 6 months. The 3rd time, 1 year. He can only travel to & fro within 1 year without problem. However, he must be back in M'sia before the approved period ends. Must submit new application again.
8) What's the restriction on you? Can you still acquire any asset eventhough you're not in bankrupcy?
For the time being, no restriction. I can even use our current act (joint names) without problem. Asset? I bought over my father's car. Car still under his name.
Sometimes is very frustrating dealing with JIM. We are trying to make a living. Although my husband is working for the same employer, still JIM request us to submit the same documents again on every application.
Be patient & be brave. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | pening | |
| Hi Jane,
I just go JIM and should submit the Statement of Affair in 14 days. I'm not really understand how to fill up. I have no properties at all, should I put blank in every page? I think only page 2 applicable to me - list of creditors.
My kids have saving in ASW which is I as a guardian. Should I mention that to JIM?
hope to hear from u jane.
Thanks | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Eunice Lim | |
| Dear Jane,
Thanks for your input.
why is your repayment of rm 500 is too high,i tot that the repayment to JIM should elect by ourselves, might be rm 30,50 or 100.
Yes, you're right. As homemaker, how would you to clear a debt which nearly half a million.
Jane, do you mind to tell what's the difference of life which being bankrupt & yet to be bankrupt?
Did creditors cometo harrass you? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
Hi Pening,
Don't worry too much. Fill up parts that you know. Bring along any bank/credit card statements, bank books & all your creditors statements. Show to your OA. He/she will tell u what is needed & what is not. Take your time.
Please note. Fill up all your creditors. Don't missed out even one. I read one of the thread that says if you hv listed out all your creditors, you cannot be sued bankruptcy by any one of them again.
As for your kid's ASW, sorry I don't know how to advise. The experts from this forum, please help!!
Get this JIM thing done soonest possible. Life has to go on. It's not end of the world. It's easier to said than done. But I hv been thru this nightmares for years. Wandering how's life is going to be after being bankrupt, what if not allowed to travel overseas to work, cannot own any properties, afraid JIM people comes to my house to seize my tv, computer & many other crazy thoughts ....as if a bankruptcy is a criminal.
Pay JIM promptly. Give them the amount u can sure to afford every month. Not much problem after that.
Get this "bankruptcy" baggage off your shoulder. Start a new chapter in your life. Good Luck .... | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Dear Eunice,
We were 1st timer. No guidance/advise from any expert. As mentioned, my husband has to work overseas, we have to submit the letter of offer from employer. It has the salary offered mentioned. We were also afraid that JIM might get my husband's income tax details from LHDN. As you know, the OA will tell you not to hide anything, if found out, it is a serious offence.
The amt is what we can afford based on his salary. We considered the amt "save" in JIM to be part of $$ which has to be paid to the creditors.
Pay promptly every month. I heard that 'sometimes' cases which has good records for at least 5 years, there 'might' be discharge from DGI. 2010 is already into the 4th year. Hoping there is a miracle awaiting for us.
what's the difference of life which being bankrupt & yet to be bankrupt?
To me, no difference. Life still the same. Goes shopping, travel overseas, appreciating life as days goes by. I have to accept the fact that my husband is a bankrupt. I have 2 kids to take care. Youngest only 8 mths. Is unfair to my kids if I behaved as if it's the end of the world. If you hold on this is saddest part of your life, you are wasting your time on earth. Don't judge/blame yourself or your partner.
Don't judge/blame yourself or your partner.
At first, yes. Those towing cars people came & drove away our car. We hv to pay rm1k to them get it back. Then we hide our new car in a friend's hse in an estate for a few months. Luckily we able to sell it off without owing the car finance. mostly that's it. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Jane,
Thanks for your advise. I have promised JIM to pay RM100 a month starting this feb. Luckily I join this forum before see JIM. I have another 2 credit card debt. So I will list all creditors as per your advise. Thanks again. I was declare banckrupt in Jun 2004 and this Jun 2010 already 6 years but I only know my status on may 2009.
I'm agreed with you. I was chasing with debt since 1998. Starting from that my life so miserable. I get terminate from job, shipted house and never stay long in one job coz worried they will found me at office. At last 2003 I'm get married and I'm peacefull to become housewife until 2007 I got brave to looking for job coz my hubby not doing well in his career. Like you Jane I also have a kid to take care. I only hope that the 2 credit do not show POD to me.
Thanks again Jane for sharing. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Hi Pening,
I'm glad I'm able to help you as you going thru all these emotionally.
You know what? Now we have the knowledge & courage to teach our children to be strong whenever problems arise.
Update & share your experience going thru JIM. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Eunice Lim | |
| Dear Jane / Pening,
We're almost the same. We have kids to take care, early in the part, I was so frighten that my husband go bankrupt will affect my business. Because it was only a bowl of rice for my family now. My hubby looks very upset, I cry almost the night to see him suffer a lot.
Thankful I found forum here, thankful to Notalawyer, Firefly, Vkpc and both of you to share everything with me.
I can say I'm still not courage as you, but at least I know my frighten becomes lesser now. Nothing I can do now, only wait for my hubby's creditor to inititate the legal proceeding against him. I will be sure with him to fight until end. I'm now go thru limitation act, bankruptcy act in every moment when I free, hope to learn from there & able to share with you all here. However, theory always not greater than practical. Thus so, really hope you all can input your experiences as much as you can.
Pening, think the day you will be JIM soon. Is appreciate that you can share everything in JIM with us after then. Thanks | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Kenny | |
| Dear Jane1963 ,
it was so good to see your post here.
i have post here for some time ,
currently Notalwayer are giving me the advise ,
but it was deleted , dont know why.
i hope you can share with me ,
apply thru JIM to work oversea ,
can you explain more ??
as you mention JIM will ask your husband to report every 6 month ,
does this mean your husband need to come back ??
or just report thru phone calls ??
how about the apllication regarding the documents ??
what JIM need as document ??
Employer Letter , Pay Slips ..... etc... ??
i hope you can explain again , from the 1st steps for apply working oversea.
thank you so much. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Hi Kenny
apply thru JIM to work oversea ,can you explain more ??
you hv to approach JIM (where your file is) telling that you hv a job offer overseas. They will give u a list of documents you need to submit. It will takes 2 weeks for approval. Please call the OA incharge to check whether the approval has came back from HQ. If yes, then basically this happen (based on my experience) :
1. bring along your spouse as she/he will be your guarantor.
2. bank draft - amt will be specified by JIM HQ.
3. a few more other forms need to be filled up, signed & witness by commissioner of oath.
4. with JIM approval letter, go to PUTRAJAYA immigration dept. show them the letter. Wait 20mins, you will be given a letter from them. Bring along the Immigration Letter whenever you leaving for work overseas. Mission complete.
as you mention JIM will ask your husband to report every 6 month, does this mean your husband need to come back ??
or just report thru phone calls ??
my husband has to come back before the end of 6 months approved date. Go to JIM office. Your OA will sign a form to prove that you came back before the approval date ends. OA will take your passport. Submit again the same documents if you have to continue your work overseas. Wait another 2 weeks. If you have to leave early, maybe write a Surat Rayuan. Sometimes, as & when needed, JIM will wants other documents. You have to get it. Yup....it is headache.
how about the apllication regarding the documents ??what JIM need as document ?? Employer Letter , Pay Slips ..... etc... ??
1. Employer letter of offer which states destination, purpose, period of job & all expenses paid (ex: airticket, accomodation, transportation....). Registry of Companies (I guess just to ensure you are not one of the directors).
2. From you : letters stating where you are working, photos, appointment letter, scope of work. Also a statement of account (from JIM office) showing your last 6 months expenditures. Pls keep all your receipts.
3. From guarantor : letter stating she/he will held responsible for monthly repayment.
Again, sometimes whatever extra documents they need, be mentally prepared. This is the circle you will have to go thru every time you wants to continue your job overseas. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi Eunice,
Today I'm submit application letter to open MBB acc for salary purposes. According to them I wil get the letter within 3-4 days. At first I'm worried they will contact my employer but not if we made a prompt payment every month. Will update you the next things.
i'm glad to sharing with you all. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Kenny | |
| Dear Jane ,
thank you so much for your reply.
yup , it seems very headache & troublesome.
my shoulder & my head are getting heavier when thinking this problem.
come back to report for JIM and need 2 weeks.....
my boss will terminate me.....
anyway , thank you very much for you reply.
i really appreciate it. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Dear Kenny,
Yes it is a bit troublesome & headache. But don't give up especially if you hv wife & kids to support. Believe me, your spouse suffer it too but silently.
Good luck. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Dear Jane1963, I'm a late starter where this forum is concern. But I'm interested in the job o/sea part (hv been offered a job as buyer). I was told by my OA tt I've to put a bond of maybe rm4k (non-refundable) and another rm2k fr guarantor (refundable) each & every time I make a trip o/sea. I wld like to ask if tt is true coz my OA has never given me any definite answer to all my questions and even for EPF, she says tt JIM has right to deduct a certain % fr my EPF if I w/draw. I remembered it very well coz I replied her tt "then I'll wait till I die and my son can hv it" and she (the OA) said "even then JIM stil has right to deduct a certain % fr it coz it's still your EPF". Aft reading this forum, I feel I've been misled, can anyone adv if I can ask for a change of OA? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
Hi LH59
Below answered are based on my experience when my husband applying to work overseas. What yr OA told you, I can't comment.
But I'm interested in the job o/sea part (hv been offered a job as buyer). I was told by my OA tt I've to put a bond of maybe rm4k (non-refundable) and another rm2k fr guarantor (refundable) each & every time I make a trip o/sea.
When you applying to work overseas, you hv to bring along a guarantor (most probably your spouse). When 1st applying, I was asked to open a savings act RM3K w/o ATM card. Pass the book to JIM. Then as a guarantor, I will hv to sign an Affidavit & another RM3K as the bond.
The RM3K bond is immediately credited into my husband estate/act. Most probably that is not refundable. The refundable RM3K from savings act, you will hv to write a letter to JIM to be refunded. But if you hv a secured job overseas, no point asking refund coz when u apply the 2nd time, the same circle happened all over again. Pls make sure yr monthly repayment is paid on time. Or else the RM3K bond will be credit into AKAUN HASIL KERAJAAN without any reasons (as stated in the Affidavit).
About EPF : sorry I unable to advise.
Change of OA : the JIM dept will do it without you asking. The OA for my case, was changed twice. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Eunice Lim | |
| Dear LH59,
So sad to see your OA character in such way. For your EPF cases, think you can direct to EPF since they will more practice on it. Or anyone else here can adv me what act should i refer to? I will try to read through and share with your. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Thanks Jane1963 & Eunice Lim. I did approach EPF but the officer there said I need to produce a letter fr JIM. While my OA did not refuse to give the said letter, she story me abt JIM having right to deduct certain %...blah blah blah.....thereby discouraging me to do any w/drawal. Already the intended amount is so miserable, if JIM deduct the "certain %", honestly, I don't see much left! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | firefly | |
Don't listen to rumours about JIM EPF deductions.
It is not true. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Dear firefly, it's not rumors. My OA told me. You happen to know the procedure to make w/drawal @ 50yr? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | firefly | |
1. Go to JIM and ask for EPF withdrawal letter. Don't argue with them about % deductions.
2. Take letter to EPF to apply for bank draft.
3. Collect bank draft and go to bank.
4. Cash the bank draft and immediately bank into wife or kid's account. ( to be safe from robbery )
End of Story. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Hahahaaaaaa...................thanks firefly! I've never heard such good news since. Such +ve words and so straightforward instruction. Thanks  | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Choong | |
| Dear Lh59
When you want to withdraw the EPF? My uncle is in the same boat like you and we would like to know more from your experience | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Hv juz called up JIM. They will inform my OA and will call me back when the letter is ready. Will keep you nice ppl out there posted asap.
Thanks everybody! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| 1. Go to JIM and ask for EPF withdrawal letter. Don't argue with them about % deductions.
JIM replied: Print epf statement for them. Write them a letter explaining why I want to do the w/drawal. Then they will apply to KL but warned me not to be shock as they might not approve full 30% w/drawal. Asked why, OA says this is std procedure. Asked them what they want do with my hard earned money, she says cos we are bankrupts and we hv to declare our asset and epf money is part of our assets!!!!!
I am now so confused!! Everbody here says they can't touch my money but JIM says different! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | firefly | |
Don't get confused here.
They say they may not approve the full 30% withdrawal.
They did not say they are going to take your money.
Declaring your EPF assets is an advantage to you, so nobody can touch it. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| UPDATE: Went epf yesterday, printed out statement, submitted to JIM together with a letter explaining why I want to make the withdrawal @ age 50yr. Also enquired about opening bank acct. OA says I've to get a letter fr my employer written on company's letterhead confirming that my company banks in staff salary.
Thought we can choose not to disclose to company our status? If JIM insist on the letter, company will know, right? So is it only my OA or JIM's "rule"???? We cant open bank acct w/out JIM's letter. JIM cant giv us letter w/out employer's letter. Frustrating and confusing.....isn't it??
Anyway, I went ahead this morning to open a bank acct and came home to find this guy fr JIM waiting for me to sign acknowledgement on this letter tt I've to attend a "1ST MEETING" on a certain date. Am now wondering if they will find out abt my new bank acct and freeze it!!????? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi LH59,
I'm already open mbb acount with JIM letter. my OA never ask for company letter with letterhead. I think is depend on OA. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Hi Pening, see what I mean abt my OA? I really need to change OA but then, upon thinking, these ppl all linked one...............so pointless, useless to change. She'll just pass comment to nxt OA, same thing will happen!! Now you ppl understand why I so frust????
 | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | choong | |
| Dear Lh59
Did you managed to get the EPF money out and into your account yet? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| no...juz submitted last Tuesday only. Submitted whatever they or rather my OA asked for. Am waiting for JIM to call. God Bless the likes of us assigned OA like mine!! Gambatte!!!!! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | dragonking | |
| Hi There....
I am a new kid on the block...just got declared a bankrupt. I have the following question and please help whereever possible
1) I need to travel and how do I go about it to apply from JIM ?
2) I run a company in which m a director. Can I transfer my shares to my other directors or will the JIM know aand not allow it....I can put up document that m selling.
3. Is EPF contribution subjected to be declared..and if so can they use monies in account 2 to pay JIM
4. I hear after 5 yrs, JIm can strike off the name from JIM...thus rendering me to be out of bankrupcy.
Hope to get some answers. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Choong | |
| Happy CNY LH59. Did JIM get back to you? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| No, Choong. Each time I call.......my OA not in, either on leave or attending courts. Others cant chk cos file is handled by my OA. Wondering if it really takes that long to process???? Happy Lunar New Year, everybody! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Choong | |
| Thats normal, Last time my uncle's OA was on maternity leave summore | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Dear firefly/notalawyer/pening/Eunice/choong/Jane1963,
Went to JIM to chk on application to withdraw 30% epf status this morning. OA said she call KL chk, came back to me in under a min and said "......isyarat dari kl..., kena bagi JIM RM500 dari U pya w/drawal la.....". I asked if they are direct deducting, she says "dunno how they gonna deduct but you kena bayar la sebab........". Can JIM demand I pay in rm500 fr my epf w/drawal? If they pay all to my name and insist I pay them(JIM) rm500 but I don't....what will happen? Will I hv a "bad record"? I'm paying rm100 mthly religiously & punctually.
Another thing is, a friend is also assigned the same OA as me, he wasn't asked to submit a letter fr his company to open a bank acct BUT same OA asked me to submit company's letter in company's letterhead to state tt they bank in my salary to bank ABC in order for JIM to issue me letter. I wld dearly love to confront this OA abt the double practice......shld I?
Honestly....I'm getting madder & madder with this OA. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
Dear LH59
I hv no experience in this EPF withdrawal. But from what you hv written, either you write a complain letter or give in to what OA/JIM demand. But be prepared. This OA will definately 'bad mouth' abt you to the new OA. You might get the same bad/double standard treatment. You might want to consider writing "Surat Rayuan" asking them not to deduct the RM500. (Reasons:need for medical/children education fees. If possible any attachment to support your 'rayuan' would be better). If OA insist, is this rm500 = 5 months advance repayment?
My advise to those who might be step into any JIM office, throw away your ego/rights. Act stupid. Talk to them nicely. Address them Tuan/Puan. If your OA did a good job, write a 'Surat Pujian' to her superior. Say how helpful/friendly. Trust me. It will helps you in future for any application. They might even break some 'small' rules to help you. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Eunice Lim | |
| Dear LH59/Notalawyer/Firefly/Pening/Choong/Jane/VKPC,
Happy Lunar Year To everyone here! I just had a wonder new year time with family. Since we stopped the payment to bank, seems we've some saved money to buy new clothes, necessaries for our kids. U know, it were 2 yrs already we didn't buy anything new to them.
LH59, sad to hear your OA in such way. I suggest that you can buy some mandarin orange for them during CNY. Maybe they will more helping after then.
Anyway, goodluck to you. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | firefly | |
Happy Lunar New Year Eunice!
I am glad your kids got new clothes now.
Thanks to notalawyer for your CNY angpow for all of us!
You are a true bank crusader! I will go to MPH to get my copy soon.
LH59,
As I suspected, they are not asking for a percentage of your epf.
The RM 500 they are asking for is "admin fee" for their work in issuing the epf letter.
They are not paying any creditors from this RM 500 fee.
I think it is fair, after all nobody work for free. Even gahmen Hospital will charge you something. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| hahahaaa........GONG XI FA CAI erybody!
firefly, if this is admin charges, shldn't my OA tell me so?? If I pay in rm500, I'll expect a receipt on this as repayment towards my debt and NOT admins charges......rm500 for admins charges?? NO WAY!!! Anyway....dunno if its true but a lawyer I spoke to months back say these OAs encourage us to pay back as much as possible cos they are paid commission fr what we pay ery mth, so the more we pay, the more their comm.
Mandarin Oranges??? Aiyo.....I dun want to be seen as bribing them! Mandarin oranges today.......wats next for tomorrow??
Eunice, I rather spend good money on your children, bring them for McD. And I'm always very polite to them, seeking their better side......
Surat Pujian? Good idea and No problem....even if I hv to fake it, I will! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi LH59
I was told by OA, if I want to pay lump sum my debt, they will calculate the total debt plus 10% thier service fee in order to discharge from bankrupt. I think there is call admin fee that they request eunice to pay. Anyway they shouldn't do that to us. I'm aggreed with Jane, we have to prented as stupid infront of OA. Its happened to me, According to them I have to give the statement of affair first then only they will provide me wt letter of approval to open bank acc. Since I'm look so stupid, they give me the letter coz I'm said I have to refered to them first either I'm correctly fill up the form. I'm only submit that statement 5 days after I'm open bank account to them. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Morning pening, ya.....me also act stupid in front of them....speaking broken bahasa etc....and making them repeat/explain slowly what they say. But you shld see my OA, even my fren cannot tahan this OA.
10% service fee? If so, how come my OA din mention leh when she adv me to approach my creditor regarding the settlement? Shall I ask my OA abt this service/admin fee thingy? If tt's the case, does it mean tt they deduct 10% fr the amt we pay in mthly? This seems to be getting more & more interesting to me.
If tt be so, does it mean tt they'll be happier if our creditor does not agree to reduce our debts? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Hi Pening,
U mentioned 10% admin fees on debt, you mean the total amt the bank sued you or on the settlement amt? I'm curious, what which amt you referring coz settlement amt can be lesser. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi LH59 & Jane,
No wonder la my OA told me to pay monthly payment first when I ask my OA about want to pay lump sum. I think its true if the creditor agreed to give us discount thier "admin fee" also lesser. I'm not ask OA 10% fr which amount coz he change the topic and not interested explain further. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Pening
Thank you. At least now I hv mentally prepared for 'their admin fees' & not to mention lawyer fees. Sometimes I felt like we just wheeled out of operation room, 'they' stabbed us a few more times, then back to ICU. We already owe the licensed "Ah Long", still have to pay "fees" to close this chapter in our life. Betul-betul "Pening"!!
Good Luck to everyone out there...... | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Hello Everybody,
Went to JIM this morning to pick my w/drawal of epf @ age 50yrs approval letter. I saw a letter fr the file with JIM's letterhead saying that I can w/draw a certain amt and fr it, rm500 goes to JIM. I argued that NOBODY can touch my epf but my OA says that this w/drawal is part of my "asset" and they hv right to "force" me to re-pay rm500 to JIM. Ok. Then my OA told me tt they'll arrange for me to open a bank acct of my choice and for epf to bank in my withdrawal and also tt they will instruct epf to issue a separate cheque of rm500 for me to pay to JIM.
Listen.........this is the best part!! After banking in my cheque, JIM will immediately close the same acct., meaning tt, THAT acct is solely for the purpose of banking in the epf cheque. ????? I went like ?????? Does it serve any purpose? I'm already a bankrupt! Not easy to find a job and now you want me to open an acct just to bank in my epf w/drawal cheque then JIM will immediately close the acct?? Nvr mind tt, but the bank will 'untung'....they will deduct at least a min of rm10 for whatever charges just for opening an acct!! Whatever for do I need to pay the bank rm10 just for a single transaction?? Cant the epf giv me their bank draft tt I can cash?? My OA replied "Tt's becos you are a bankrupt and tt's your penalty!" I was like ????? I told my OA, NO, I won't allow any bank to deduct rm10 fr my hard earn money cause it's not my fault tt JIM insist I open an acct and close it immediately aft 1 transaction! I was very firm with my stand. My OA mellowed and called epf who says tt they can giv me their bank draft to w/draw cash. I'm sorry but I straight away asked my OA how come they don't know that we can do this and not open an acct? My OA was dumb-strucked!
I was then issued a letter to epf and another to a chosen bank with instruction to pay me the amt stated on the letter and for bank to issue the balance in their bank draft to JIM. You understand what I saying?? NOT epf issued to JIM in separate cheque but epf issue to me, I go to chosen bank, show them JIM's letter which states that they (the bank) are to pay me a certain amt and the balance to issue a bank draft in JIM's name!!
For further clarification, this rm500 is NOT admins fee/charges. It's repayment. Ok...fair. I also asked abt the admins fee/charges thingy.....my OA says after we paid off all our debts, only then wil JIM ask for 12% of the for admins fee.
And listen good, our creditors are NOT informed of our repayment unless they take the initiative to enquire fr JIM. Also JIM will not inform our creditors tt we hv started repayment! And the monthly repayment will be accumulated till full amount is received before JIM turn them over to our creditors. So tt simply means our creditors do not know that we hv been repaying, as in my case, even till my death I won't be able to finish paying and interestingly......what if I die before finish repaying? Who gets the money??
And Jane1963..........good news...if info fr my OA is accurate la.....12% on settlement amt!
Cheers erybody!! Chin Up! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | virnicia | |
| Wah, you really taruh JIM kau-kau ! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Like that. They are too much. they supposed become middle man but never do thier job. No wonder when I ask my OA how much my exact debt, they can't asnwer me and ask me too pay monthly instalment. Heiiiiiiiiiiiiiii | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
virnicia: No ler...I nvr taruh JIM kau-kau. I was firm, a friendly kind of firm. I realise cannot act blur or stupid in front of certain OAs.....sure kena bully.
Pening: Dun forget, they take commission also. If you talk abt admins charges, I suppose that goes to JIM, commission is for themselves. Then do you know that they also act as "proxy am" to your creditors? I saw this letter fr my file also. So I conclude that they lean more towards the creditors than to us. Middle-man? More like Partial-man! Ya.....partial to our creditors!
firefly, I need yr adv, shld we write to inform our creditors tt we hv started repayment to JIM? If no, why? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | firefly | |
| firefly, I need yr adv, shld we write to inform our creditors tt we hv started repayment to JIM? If no, why?
No need lah.
Your's is not the first case of bankruptcy the creditors have encountered.
I am sure they know what is happening in JIM. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi LH59,
Thanks for your info. I'm plan to pay lump sum next year coz my debt is about RM20K. If can get 50% discount its better but I hated to pay 12% JIM service charged. Anyone now how to negotiable wt ambank since they are well know very arrogant type. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Pening,
My friend had a personal experience neg with bank (but he was not a bankruptcy). He has problem with monthly installments. He went to the branch he had loan to neg with but was rejected. Somehow he went HQ & speak to someone fr higher management. HQ agreed. The branch manager can't do anything. So, you hv to do some searching to see how is able to hv the final say in HQ abt your case.
If I am not mistaken, you paid RM100 monthly to JIM. Explained to the ambank, either they wait another 10-15 years to get back the RM20K or you are able to pay them RM10K lump sum in a short time. Of course you cant be truthful abt where that rm10k comes from. Ensure that bank gives you written confirmation on the agreed sum. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi Jane,
Thanks for your advice. I think its true we have to see top position. Actually before bankrupt, I and my husband already try to nego wt bank but with the officer. It is 2003 my debt arounk RM19K, they ask me to pay RM16K as a final aggreed. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Just in case you good ppl over here missed my thread on dragonking's......went epf this morning to pick up the chq. Went bank cashed ALL w/out showing them JIM's letter.
End of story. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | romeo | |
| LH59,
You are a genius!
They try to bluff you, but you got them back. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Tq romeo....kam xia kam xia....(bow bow curtsy curtsy). No need take genius la.......desperation drove a person to it!! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Pening | |
| Hi LH59,
Thats good. Congrats to you | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Morning pening..........tq tq. | |
|
|
 | Process/steps in opening file with JIM (modified 0 times) | peter538 | |
| Good sharing LH59. This helps really. Congrats! Enjoy yourlife. No regrets. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
peter538, I get nightmares tt JIM will chk my repayment acct and ask: Mana lima ratus dari epf? and insist I pay in the same amt!! I prepare to ans: Dah beli beras! hahaha......Will let you ppl know if it happens! And yes......dunno why the smiley icon become sad/angry icon......so no longer dare use.
Thanks for all concern. Gambatte!!! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | vkpc | |
| If they still insist want the RM 500, then you can give them one bag of local rice as compensation. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| vkpc, this forum sure is de-stressing with you ard. hahaaaa.................so aft giving JIM my bag of rice, what do I eat? Can tumpang you??
vkpc, like I mentioned in earlier thread, the OAs also act as "proxy-am" for the creditors. So if I request for the creditor to reduce the debt, can the "proxy-am" decide for the creditor?? I hv a 1st mtg comin up in 2 wks. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| Hi LH59
Recently I asked the OA abt Creditors meeting. The OA mentioned JIM/he won't be siding any party. Just record what's in the meeting & hand in to HQ.
This creditors meeting of yours are called by yr OA or you? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Morning Jane1963, Mtg called by my OA. I asked if my creditor is informed onot cos many ppl tell me they wun turn up. My OA say creditor is informed but whether they turn up or not is not impt. What is impt is I turn up - to show on record! | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Dear friends, attended my 1st mtg with JIM. Creditor sent their representative. Let's set aside my negotiation with the creditor.
vkpc, my nightmare came true. My OA couldn't wait to ask me about the rm500.00 fr my epf w/drawal!! My OA told me that I AM OBLIGATED to pay to JIM since I signed the letter. I said "ok....I'll pay when I can, bit by bit". Well.....my OA's face sure was sour! Well.......I guess I'll have to pay .......but.....bit by bit maybe? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | vkpc | |
Tell us more about what transpired in your negotiation with the creditor representative.
It will help us all understand such meetings better.
Since the OA said you are obligated to pay since you signed the letter, ask him to sue you for the RM 500.
Doesn't he know that bankrupts can't be sued?
Bankrupts are judgment proof. ( same as water proof )
Ha ha. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
yes vkpc. fact is - principal amt owed is rm80k-rm90k, incl interest now stands @ rm200k. tt was Aug 2005. Before bankruptcy, I did negotiate with the creditor. I was naive then and was "played out" by them. To cut long story short, I only approached JIM June last yr. Was given an appt for Aug 2009. Signed all the necessary docs and was advised to meet my creditor to negotiate again which I did same day. I came out of my creditor's office insulted! Decided to approached a lawyer aft not hearing fr creditor for 3 mths. Lawyer wrote to JIM (cc to creditor) to say tt I've followed their instruction to go meet my creditor appealing to reduce repayment amt but til now I did not hear fr them. No news fr either creditor or JIM. Called up JIM, set up another appt. I requested my OA to write to my creditor tt I'm willing to make repayment of rm700/mthly x 72mths. My OA advised tt I shld start my repayment asap so tt she can support my appeal. I decided then tt I wld repay rm100/mth until my creditor has given me a letter accepting and agreeing to my appeal to reduce the debt. In late Dec 2009, I recv letter fr creditor rejecting my appeal. I continue paying rm100/mth til I recv notice re 1st mtg. Before tt, I had other mtgs with my OA, rem I mentioned in previous thread ( re epf)?
During the 1st mtg, the representative came armed with all the proofs. She asked for rm100k, with rm50k paid upfront and balance spread across rm700 x 72mths. I told her I cldn't even afford rm5k let alone rm50k. At tt point, my OA showed her my repayment record and she went "aiyo....rm100/mth pay sampai bila?" I replied tt "yes, I will start repayment rm700 immediately if you accept my appeal." She then suggested rm700 x 144mths. I gave a firm NO. It's either rm700 x 72mths or rm100/mth til I die.
I suggest she goes bk, speak to her office and come back to JIM with whatever news.
Meanwhile, the OA just sat there, just making notes, not saying anything. I supposed such mtgs differ from case to case. I consider myself lucky tt my creditor sent a representative. I was told so far.......no creditor bothered to attend.
vkpc,notalawyer, firefly,.....if my creditor has already declared my debts as bad debts to IRD, can he still demand I repay so much? I was thinking....aft all, he's cleared of tax on rm200k already....? Do I hv a case along this ground? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | vkpc | |
You are very smart. Why should you pay any amount more than RM 100 and still remain bankrupt?
If you are going to pay RM 700 a month, the creditors should have no objections to your discharge of bankruptcy by the DGI immediately. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | vkpc | |
| Your debts due to the creditor has been "written off" tax wise and accounting wise long ago, but if you manage to pay back, it will be "written back" into the accounts as new revenue. Then they will pay tax on your payments. Smart or not? | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
Thanks vkpc for yr compliments. No, I am not smart. It's a case of once bitten, twice shy. Like I mentioned, I was "played out" by the creditor earlier before they sue me for bankruptcy. So now, everything tt I do, I asked for B&W and not only tt, I will also hv the B&W vetted by a professional if I hv to spend tt kind of money!! I went thru so much and I don't think I wld like to go thru it again!
My OA has definitely been very UNFAIR in asking me to agree to pay rm700/mth even before the creditor agrees to my appeal. I was lucky. I "saw" where all these will lead me - paying rm700/mth for the nxt 23-24yrs even as I'm already paying a penalty as a bankrupt and suffering the insults "thrown" at me when I negotiate with them. I learnt my lesson the hard way.
My advice is - DON'T EVER EVER TRUST YR CREDITOR!!! DON'T JUST LISTEN TO YR OA! Reason everything out yrself.
Thanks again vkpc. All those here sure need ppl like you, firefly, notalwayer, choong, peter538, romeo and countless others - for yr advice and assurances and not to mention yr prompting to make us "open up". Thank you again. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | Jane1963 | |
| LH59
Thanks for sharing. The info really helps. Hv a better picture of what to do during creditor meeting. | |
|
|
 | RE:Process/steps in opening file with JIM (modified 0 times) | LH59 | |
| Hi Jane1963, important to remain calm and collected during mtg with creditor. Don't be quick to make any decision!! Take yr time to digest every little bit of info. Don't be threatened into agreeing on the spot! | |
|
|
 
Copyright © 1999-2011 Lawyerment.com. All rights reserved
Privacy Policy | Terms Of Use | Contact | About Us | Advertising Opportunities
Disclaimer - Please Read Carefully
These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit Lawyerment.com for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2011 Lawyerment.com. All rights reserved
|