If the borrower and the guarantor do not recoup the loan, the borrower can take legal action against the borrower and the guarantor to recover the loan. Although the lender has the right to sue both the borrower and the guarantor, the amount of credit outstanding remains. The lender cannot recover twice, as this will unfairly enrich the so-called “double recovery” and the lender. Yes, loan friendly agreements are legal in Malaysia. Parties are allowed to lend and even collect interest on the loan as long as the lender “as a business” does not make cash loans. Only establishments licensed under the Moneylenders Act 1951 can make cash loans as businesses. Now, there are many different types of credit contract forms, and the content of each credit contract model differs from case to case. To keep things simple, we consider the model for personal credit agreements, which is the most common application case for a credit contract form and something that can be used if the loan comes from one individual to another person. These include a loan form for friends and a loan agreement form for families. A simple and relatively simple way is to get the borrower to bring in a third party to secure the amount borrowed. In the event of a late payment from the borrower, the lender can take advantage of the guarantee to recover the remaining amount of the loan. The guarantor can be a business or an individual.
The lender will want to ensure that the person or company providing the guarantee is financially stable to ensure a better chance of recovering the loan. If the total amount of the loan is of great value, it is a good idea to require the signature and details of a guarantor – someone who can vouch for the borrower and work as a guarantee of repayment, the borrower should not be able to repay. In addition to repayment of the loan, other terms of the friendly credit contract (for example. B overcharged interest and the execution of securities) become invalid and unenforceable as soon as the contract is deemed void. Land (i.e. land) is a good way to secure the amount borrowed. There are five steps to achieve this: Step 5 – After obtaining the verdict and with the Caveat Link-Holders, the lender can file an application for a sale order in court. The property is then sold and the lender has the right to withdraw the remaining balance from the loan on the proceeds of the sale.
And each balance of the sale will be returned to the borrower. The first consequence is that the friendship credit contract is considered lawless. This does not mean that the borrower does not have to repay the amount borrowed. The loan has yet to be repaid under Section 66 of the Contracts Act 1950, in which it is stated that “if an agreement is cancelled or a contract is cancelled, any person who has obtained an advantage of the contract or contract is required to reinstate or compensate the person from whom he received it” (see also the case of Muhibbah Teguh Sdn Bhd/Yaacob Mat Yim  4 CLJ 853).