Kor Sor. Clarify the case of the borrower filed a civil case Reclaimed assets with damages of 3.89 million from seizure, enforcement, auction sale. The fund is in the process of coordinating with all parties to negotiate a settlement together.
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On Jan. 22, Mr. Chainarong Kuchapanan, manager of the Educational Loans Fund, revealed that from the news that The President of the Lawyers Association of Thailand took the borrower to file a civil case against the fund and the attorney’s office for investigation of assets. To reclaim land and houses with damages of approximately 3,894,000 baht arising from the enforcement of land and house auction execution Although the borrower has repaid the fund before the auction and then The Fund would like to clarify that The Fund has prosecuted this borrower since 2008 as a red case no. But because the borrower did not pay the debt under the judgment The fund is therefore necessary to seize the execution against the borrower. And from investigating property, no other property was found Therefore need to execute the case against the said house and land Later, the Legal Execution Office announced the auction of the borrower’s property. By the last time, the date of the property auction for 4 times, the 1st time on 23 July 2019, the 2nd time on August 13, 2019, the 3rd time on September 3, 2019 and the 4th time on the 24th Sep 2019
Mr. Chainarong further said that the borrower has settled the debt before the first auction date, the fund has ordered the attorney’s office to coordinate the borrower to withdraw the seizure before the auction date. The attorney’s office has made an appointment with the borrower to withdraw the seizure and execution. But because unable to make an appointment for matching date It is therefore agreed that the attorney’s office will provide the borrower with the power of attorney to withdraw the seizure and execution for the borrower in order to file the matter at the Legal Execution Office by themselves on the day the borrower is convenient In which the attorney’s office has made a proxy form and a declaration of seizure and execution for the borrower to submit the withdrawal of the seizure and execution. By sending to the borrower via express mail (EMS) reference number ED997693939TH Go to Samut Songkhram Province as the borrower has informed And coordinate with the borrowers through the Line communication system There is a recipient of the said post is completed. The attorney’s office therefore understands that the borrower has received the documents and has submitted a statement to withdraw the seizure and execution. Later it was learned that the borrower did not proceed to submit a declaration of seizure and execution. Make on the day of the property auction, no one to take care of the auction The Legal Execution Office has sold the property by auction to the buyer.
Mr. Chainarong said that when the borrower knows that the property has been sold by auction Therefore filed a petition to the court requesting the cancellation of the sale of the said property Around August 2019, the court considered and ordered in February 2020 to dismiss the borrower’s request. Later on July 2, 2020, the borrower has submitted a letter requesting fairness at the Fund. The fund has coordinated with the attorney’s office, the borrower, the buyer. And partners of property buyers To find solutions and provide assistance to borrowers. It appears that there are several approaches to help. Including buying back houses and land from property buyers In which the attorney’s office is willing to be jointly responsible for the damage that occurs But still unable to agree At the moment, the fund is in the process of coordinating all parties to negotiate a best solution, and there is still an auction fee of approximately 1.6 million baht at the Legal Execution Office. The Fund reaffirms that the Fund is a government agency that provides educational opportunities and continual assistance to borrowers who lack opportunities The Fund apologizes for the incident and will take care of this matter to a mutual settlement.
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