creditscore Archives - Loan Settlement https://www.loansettlement.com/blog/tag/creditscore/ Loansettlement Blog | A Knowledge Base to Guide you for Loan Settlement Wed, 27 Mar 2024 05:04:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.5 https://www.loansettlement.com/blog/wp-content/uploads/2022/03/cropped-favicon-32x32.png creditscore Archives - Loan Settlement https://www.loansettlement.com/blog/tag/creditscore/ 32 32 Accelerating Your Journey: How To Repay Home Loan Faster https://www.loansettlement.com/blog/accelerating-your-journey-how-to-repay-home-loan-faster/ Wed, 27 Mar 2024 05:04:02 +0000 https://www.loansettlement.com/blog/?p=1202 Are you feeling weighed down by the burden of your home loan? Are you looking for ways to free yourself from this financial commitment sooner rather than later? You’re not alone. Many homeowners find themselves searching for effective strategies to repay their home loans faster, and fortunately, there are several methods to achieve this goal. […]

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Are you feeling weighed down by the burden of your home loan? Are you looking for ways to free yourself from this financial commitment sooner rather than later? You’re not alone. Many homeowners find themselves searching for effective strategies to repay their home loans faster, and fortunately, there are several methods to achieve this goal. In this blog, we’ll explore the importance of repaying your home loan quickly, explore various methods to accelerate the process, and offer suggestions to ensure it doesn’t negatively impact your credit score.

Importance of Repaying Your Home Loan Faster

Repaying your home loan faster isn’t just about financial freedom, it’s about securing your future and maximizing your investment. Here’s why it’s essential:

Interest Savings: One of the most significant benefits of repaying your home loan faster is the amount of interest you’ll save over the loan term. By reducing the duration of your loan, you’ll pay less interest overall, potentially saving thousands of dollars in the long run.

Debt Relief: Carrying a large debt burden can be stressful and limit your financial flexibility. By paying off your home loan sooner, you’ll experience a sense of relief and gain greater control over your finances.

Build Equity Faster: Equity is the difference between your home’s market value and the outstanding balance on your mortgage. By repaying your loan faster, you’ll build equity in your home more quickly, giving you greater financial stability and options for the future.

Financial Security: A paid-off home provides a significant source of financial security. It frees up your monthly budget, allowing you to allocate funds towards other financial goals such as retirement savings, investments, or education funds.

Methods to Accelerate Your Home Loan Repayment

Now that we understand the importance of repaying your home loan faster, let’s explore some effective methods to expedite the process:

Make Biweekly Payments: Instead of making monthly payments, consider switching to a biweekly payment schedule. By making half of your monthly payment every two weeks, you’ll end up making an extra month’s payment each year, reducing your principal faster and saving on interest.

Round-Up Payments: Round up your monthly mortgage payment to the nearest hundred or even thousand rupees. The additional amount may seem small, but over time, it can make a significant impact on reducing your loan term.

Lump Sum Payments: Whenever you receive a windfall such as a tax refund, bonus, or inheritance, consider using a portion of it to make a lump sum payment towards your mortgage principal. This can help you pay down your loan faster and save on interest.

Refinance to a Shorter Term: If you’re in a position to do so, consider refinancing your home loan to a shorter term. While your monthly payments may increase, you’ll pay off your loan faster and save on interest over the life of the loan.

Protecting Your CIBIL score

While it’s important to repay your home loan faster, it’s equally essential to ensure that your efforts don’t negatively impact your credit score. Here are some suggestions to help you maintain a healthy credit profile:

Pay On Time: Ensure that you make all your mortgage payments on time to avoid late fees and negative marks on your credit report.

Keep Credit Utilization Low: Avoid maxing out your credit cards or taking on additional debt while focusing on repaying your home loan faster. High credit utilization can negatively impact your credit score.

Monitor Your Credit Report: Regularly check your credit report for any errors or inaccuracies that could potentially harm your credit score. Promptly dispute any discrepancies you find.

Diversify Your Credit: Having a mix of credit types, such as mortgage loans, credit cards, and installment loans, can positively impact your credit score. However, only take on additional credit if you can manage it responsibly.

Conclusion

In conclusion, repaying your home loan faster is a worthwhile goal that can lead to significant financial benefits. By implementing strategies such as making extra payments, refinancing, and managing your credit responsibly, you can accelerate your journey towards homeownership and achieve greater financial freedom. Remember, it’s not just about paying off your loan, it’s about securing your future and building a solid foundation for financial success.

Loansettlement.com is India’s leading loan settlement platform. We have a proven track record of successfully settling loans for our customers. Our team of experts will work with you to create a customized repayment plan that fits your budget and helps you get out of debt as quickly as possible. We understand the stress and anxiety that comes with being in debt, and we are here to help you get out of it as quickly and easily as possible.

If you are struggling to repay your loans, register with us today at https://loansettlement.com/

 

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How to Get a Low CIBIL Loan with Bad Credit in 2023 https://www.loansettlement.com/blog/how-to-get-a-low-cibil-loan-with-bad-credit-in-2023/ Wed, 25 Oct 2023 05:54:00 +0000 https://www.loansettlement.com/blog/?p=1006 In 2023, having a low CIBIL score can make it difficult to get loans and credit cards. But don’t worry! There are ways to get a loan even if your credit score is not so good. In this guide, we will explain what a low CIBIL score is and why it can be low and […]

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In 2023, having a low CIBIL score can make it difficult to get loans and credit cards. But don’t worry! There are ways to get a loan even if your credit score is not so good. In this guide, we will explain what a low CIBIL score is and why it can be low and how you can still get a loan in 2023 despite having bad credit.

What is a Low CIBIL Score?

Your CIBIL score or  credit score is a numerical representation of your creditworthiness. It is calculated based on your credit history and provides potential lenders with an idea of how risky it is to lend you money. The CIBIL score in India typically ranges from 300 to 900, with a higher score indicating better creditworthiness. In simple terms, a low CIBIL score indicates that you might have a history of financial issues, late payments, or defaults on loans or credit cards. It can affect your ability to secure new loans or credit cards, and even if you do, the terms and interest rates may be less favorable.

A low CIBIL score usually falls below 600. A low score is a red flag for lenders, signaling that you are a risky borrower with a history of credit-related issues. However, a low CIBIL score is not the end of the road, and there are ways to secure loans even with bad credit.

Why Does Your CIBIL Score Get Low and What Are Its Effects?

Several factors can contribute to a low CIBIL score, and understanding these is the first step in improving your financial health. Here are some common reasons for a low CIBIL score:

Late Payments: One of the most significant contributors to a low CIBIL score is consistently making late payments on credit cards, loans or bills. Late payments can significantly impact your credit history and score.

Defaults on Loans: Defaulting on a personal loan, which is our priority keyword, can severely damage your credit score. Lenders consider this as a strong indicator of financial irresponsibility.

High Credit Card Balances: Carrying high credit card balances relative to your credit limit can also harm your score. This is known as credit utilization, and it’s crucial to keep it low.

Credit Card Settlements: Settling credit card debts with a settlement agency, another priority keyword, instead of paying them in full can negatively affect your credit score.

Multiple Loan Applications: Each time you apply for a loan or credit card, it results in a hard inquiry on your credit report. Too many hard inquiries within a short period can lower your score.

The effects of a low CIBIL score are far-reaching. You may find it challenging to secure loans and even if you do, the interest rates offered could be exorbitant.

Is it Possible to Get a Loan with a Low CIBIL Score?

Yes, it is possible to get a loan with a low CIBIL score. While it may be more challenging, there are options available for individuals with bad credit. Let’s explore some strategies to help you secure a low CIBIL loan in 2023.

Remember that improving your credit score is a long-term goal. As you work towards rebuilding your credit, you will gradually regain access to more favorable lending terms and better financial opportunities. In the meantime, explore the options available to you, such as applying with a co-applicant, considering alternative lenders, showcasing your stable job, opting for smaller loans, and seeking a guarantor.

How to Get a Loan with a Low CIBIL Score?

Apply with a Co-Applicant: One effective way to increase your chances of getting a loan with a low CIBIL score is to apply with a co-applicant. A co-applicant with a strong credit history can offset your low score, making lenders more willing to approve your application.

Consider NBFC’s and FinTech Digital Lenders: Traditional banks may be hesitant to lend to individuals with low CIBIL scores, but Non-Banking Financial Companies (NBFCs) and FinTech digital lenders often have more flexible lending criteria. They may be more open to working with borrowers who have experienced financial challenges in the past.

Showcase a Stable Job and Reputed Employer: A stable job and a reputable employer can boost your credibility in the eyes of lenders. If you can demonstrate consistent employment and a regular source of income, it can compensate for your low CIBIL score.

Opt for Smaller Loans: If you’re struggling to secure a significant loan, consider opting for a smaller loan amount. Lenders may be more willing to approve smaller loans, and successfully repaying them can help rebuild your credit over time.

Find a Guarantor: Having a guarantor, someone who agrees to take responsibility for your loan if you default, can be a powerful tool for securing a loan with a low CIBIL score. Lenders may be more comfortable lending when they have an additional layer of security.

Also Read Rebuilding Your Credit with a Low CIBIL Score Credit Card: Tips and Tricks

While a low CIBIL score can present challenges, it should not be an insurmountable barrier to accessing the financial resources you need. By understanding the factors that contribute to a low score and implementing the strategies mentioned in this guide, you can increase your chances of securing a low CIBIL loan in 2023.

Remember that improving your credit score is a long-term goal. As you work towards rebuilding your credit, you will gradually regain access to more favorable lending terms and better financial opportunities. In the meantime, explore the options available to you such as applying with a co-applicant, considering alternative lenders, showcasing your stable job, opting for smaller loans and seeking a guarantor.

So, if you find yourself in need of a loan in 2023 and have a low CIBIL score, don’t lose hope. With the right approach and determination, you can navigate the financial landscape and access the financial assistance you require, even with bad credit. Your financial future is in your hands, and it’s never too late to start improving it.

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Can I Get Loan After Settlement? Get The Answers Here https://www.loansettlement.com/blog/can-i-get-loan-after-settlement-get-the-answers-here/ Tue, 09 May 2023 06:39:53 +0000 https://www.loansettlement.com/blog/?p=838 You may be wondering if it is possible to get a loan after you have reached a settlement with your creditors. The answer is yes – you can still get a loan, but there are some things you will need to take into consideration. In this blog post, we will discuss the process of getting […]

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You may be wondering if it is possible to get a loan after you have reached a settlement with your creditors. The answer is yes – you can still get a loan, but there are some things you will need to take into consideration. In this blog post, we will discuss the process of getting a loan after settlement and what you need to do in order to qualify. We will also provide some tips on how to improve your chances of being approved for a loan. So, if you are looking for some answers, keep reading!

What is a post-settlement loan and why would you need one?

A post-settlement loan is a form of financing that allows you to access funds after you have reached an agreement with your creditors. This type of loan can be helpful if you need additional cash to cover living expenses, make necessary repairs to your property, or pay off remaining debts.

Also read Get an Instant Loan without a Credit Score: Find Out How!

How do you qualify for it, and what are the requirements?

In order to qualify for a post-settlement loan, you need to have a stable source of income and good credit. You also need to demonstrate that you are able to repay the loan in full on time each month. Additionally, some lenders may want to review your financial statements or bank statements in order to determine your ability to pay back the loan.

What are the benefits ?

Getting a post-settlement loan can provide you with much needed financial relief, allowing you to pay off remaining debts and get your finances back on track. Additionally, this type of loan can help improve your credit score over time by showing lenders that you are able to manage your debts responsibly.

How can you increase your chances of being approved for a post-settlement loan?

There are several steps you can take in order to improve your chances of being approved for a loan after settlement. First, make sure that all of your debts have been settled and paid off so that there is no outstanding balance. Secondly, make sure that you have good credit and a stable source of income so that lenders can see that you will be able to pay back the loan in full on time each month. Lastly, make sure to shop around for the best rates and terms before signing any agreement with a lender.

How much can you borrow with a post-settlement loan, and what are the repayment terms?

The amount you can borrow with a post-settlement loan will depend on your creditworthiness and the lender’s requirements. Repayment terms typically range from 6 months to 5 years, depending on the lender and the size of the loan. Additionally, you may be required to pay an origination fee or other closing costs when taking out a post-settlement loan.

Can you get a post-settlement loan if you have bad credit or filed for bankruptcy?

Yes, you may still be able to get a post-settlement loan even if you have bad credit or have filed for bankruptcy in the past. However, lenders will likely require more stringent requirements and higher interest rates when approving borrowers with poor credit histories. Additionally, some lenders may not approve applicants who have recently declared bankruptcy.

Getting a loan after settlement can be a great way to access the funds you need in order to pay off remaining debts, make necessary repairs to your property, or cover living expenses. If you are considering applying for a post-settlement loan, make sure that all of your debts have been settled and paid off and that you have good credit and a stable source of income. Additionally, shop around for the best rates and terms offered by different lenders before signing any agreement. With patience and diligence, you can find a loan that works for you! 

So, if you’re wondering “Can I get a loan after settlement?”, the answer is yes – but it’s important to make sure you meet the necessary requirements and do your research beforehand. Good luck!

By understanding the process of getting a loan after settlement and what you need in order to qualify, you can increase your chances of being approved for a loan and get the financial relief you need. With some preparation and research, you can make sure that you are getting the best possible deal when taking out a post-settlement loan. Good luck!

Need help in Loan settlement? Register at Loansettlement.com

Loan settlement.com is India’s largest online platform to help individuals and businesses manage their loan settlements. 

Our team of experts provides professional advice, affordable solutions and personalized assistance to suit any financial needs. 

Register today to know more about loan settlement and get the best deals! 

We guarantee you a hassle-free process and successful closure of your loan settlements. So, what are you waiting for? Register with us today at https://loansettlement.com/ to get started!

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Vibhu Bhakru v Standard Chartered Bank https://www.loansettlement.com/blog/vibhu-bhakru-v-standard-chartered-bank/ Sat, 19 Jun 2021 07:33:57 +0000 https://www.loansettlement.com/blog/?p=188 Facts of the case: The complainant, Vibhu Bhakru, had taken a credit card from the Opposite Party, Standard Chartered Bank in 1999 and had been very regular and prompt at payments. On 24.02.2004 an invoice was sent to the complainant demanding payment of Rs.750/- charged on account of renewal. The complainant requested redemption on the […]

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Facts of the case:

  • The complainant, Vibhu Bhakru, had taken a credit card from the Opposite Party, Standard Chartered Bank in 1999 and had been very regular and prompt at payments.
  • On 24.02.2004 an invoice was sent to the complainant demanding payment of Rs.750/- charged on account of renewal. The complainant requested redemption on the points accumulated under the reward scheme by the bank against the renewal charges of which he was assured.
  • The credit card duly expired in February 2004 but he was not issued the renewed card. He made several calls to customer care which were unhelpful.
  • In May 2004, he was shocked by a telephonic call from an agent of the bank demanding payment of Rs. 28,000/-. Any explanation that he had not used the card after Jan 2004 had fallen on deaf ears after which he was visited by agents who demanded payment towards credit card usage.
  • He filed another complaint with customer care but was again demanded payment of Rs. 28,000/-. After a dispute declaration by the Bank in March/April 2004, the complainant started receiving threatening calls. Despite several attempts to mediate the misunderstanding, he once again received a threat on 11.12.2004 for the collection of a levy of 20% on the outstanding if the payment was not made within 20 days.
  • The bank claimed the complainant as frivolous who was filed with intentions of unjustly enriching himself at the expense of the OP Bank.

Judgement

The Commission imposed punitive damages of Rs.10 lacs deposited in favor of state consumer welfare fund and Rs.20, 000/- as compensation towards the complainant for trauma, mental agony, and harassment, loss of reputation and loss of creditworthiness.

Learnings from the case

Banks and financial institutions that provide loans and credit cards are not to resort to methods that have no legal back up. They are not to use abusive and threatening languages on the telephone and are most certainly not to visit the residence of consumers. They should keep a record of all the transactions between them and the customer and not demand unfair compensation.

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Minimum Amount Due (MAD) On Credit Cards – Good or Bad for You? https://www.loansettlement.com/blog/minimum-amount-due-mad-on-credit-cards-good-or-bad-for-you/ Thu, 17 Jun 2021 08:29:02 +0000 https://www.loansettlement.com/blog/?p=184 The Reserve Bank of India, in its Bank-wise ATM/POS/Card Statistics, noted that in December 2018 the total number of outstanding credit cards issued was around 44.3 million. This number increased to 60.3 million by December 2020. Credit Card usage is inarguably increasing by leaps and bounds owing to the interest-free credit of upto 45 days, […]

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The Reserve Bank of India, in its Bank-wise ATM/POS/Card Statistics, noted that in December 2018 the total number of outstanding credit cards issued was around 44.3 million. This number increased to 60.3 million by December 2020. Credit Card usage is inarguably increasing by leaps and bounds owing to the interest-free credit of upto 45 days, ease of transaction, and digital push by the government. Credit Card has indeed changed the mindset of how people look at debt.

An important feature of credit cards is the option of paying minimum amount due. If any individual falls short of funds, they can pay the minimum amount offered on the credit card and avoid penalties. However, it is easy to fall into a debt trap if one uses this facility for a long time.

What is minimum amount due?

It is the minimum amount that a person is required to pay on or before the due date of payment to maintain the card account. Minimum amount due is usually calculated at 5% of the outstanding balance. Any unpaid amounts from previous bills also get added to the current minimum amount due. It also gets higher if the cardholder bought something on EMI through the card or spent more than the credit limit.

Most credit cards charge an interest rate of 3% per month which is equivalent to 36% annually. Banks keep levying interest on the outstanding amount left after the payment of the minimum amount. Since the interest rate is very high, most of the minimum amount paid goes towards interest charges and the outstanding amount is reduced marginally.

Let us take an example. Say an individual has an outstanding balance of Rs.50,000 and pays the minimum for each month- the minimum amounting to at least Rs.2000. In this case, it will take a minimum of 44 months for the entire outstanding amount to be paid in full, assuming that there are no more transactions done on the card.

Though the interest on the bill outstanding amount is not waived, minimum amount helps one avoid late payment fee which usually ranges between Rs.100- Rs.1000.

If an individual chooses to pay the minimum amount due, they do get temporary relief but a habit of paying minimum amount every month will result in the total bill multiplying quickly.

What happens if a person chooses not to pay the minimum amount?

A person choosing not to pay the minimum amount of due will be charged an additional fee, interest, and other charges. There may also a possibility of suspension of the card when the dues cross the credit limit. Not to mention that the effect on the creditworthiness and the credit score will make it harder to get loans in the future.

Paying the minimum is okay if it is for genuine reasons and used once in a while. Ideally one should not use more than 50% of their credit limit in a month as credit card spending usually comes with a risk of overspending and it is easy to fall int a debt trap.

Want to get out of debt trap? Register and talk to our counsellors for credit card settlement

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How to pay your EMIs in difficult times https://www.loansettlement.com/blog/how-to-pay-your-emis-in-difficult-times/ Tue, 15 Jun 2021 08:07:09 +0000 https://www.loansettlement.com/blog/?p=182 In these uncertain times, when the world is grappling with the pandemic, people are also falling into debt trap, unable to pay their EMIs. Here are some options to repay EMIs during difficult times: Create and Maintain Emergency Fund The future is always uncertain but it can be at minimal risk with an emergency fund. […]

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In these uncertain times, when the world is grappling with the pandemic, people are also falling into debt trap, unable to pay their EMIs.

Here are some options to repay EMIs during difficult times:

  • Create and Maintain Emergency Fund

The future is always uncertain but it can be at minimal risk with an emergency fund. Creating a savings account or a fixed deposit and accumulating funds in it regularly can come in handy at times of crisis. It makes sure one doesn’t fall into a debt trap or lose creditworthiness. Ideally, this amount should be at least six times the current monthly income. The emergency fund can help pay the EMIs and ensures there is no default.

  • Insurance for the loan

Loan Insurance, also known as Loan Protection Insurance, is a service designed specifically to cover the monthly loan payouts in case of temporary/permanent disability, loss of job, or any such eventuality. It protects the borrower from defaulting on loans. A loan protection insurance plan is a short-term measure, but beyond it, you will need concrete ways to repay your debt.

  • Dispose of assets to raise funds

Assets such as gold, car, electronics, or furniture that are not necessarily needed can be sold to raise funds. Long-term investments, like Public Provident Fund, which focuses on inducing small savings to accrue returns on the same, can be used to save your ship from sinking into the debt trap.

  • Communication is the key to any relationship

Under genuine circumstances of loss of livelihood or medical condition, along with a good track record of credit, can help convince the lender to aid with late repayment of EMI. After evaluation of the credit history and the seriousness of the circumstance, the lender may provide one of the following options:-

  1. Grace period: A grace period is a period after the due date during which payment may be made without resulting in loss of creditworthiness. During this time, no interest accrues to the loan balance as long as it is paid within the time further provided.
  2. Restructuring the loan: By restructuring the loan, the tenure period and the EMI amount is modified to fit the situation of the customer to repay the amount feasibly.
  3. Reduction of interest rate: A lower interest rate may be offered with certain terms and conditions. However, this reduction must be permissible within the rate grid and a rate below that is neither permissible nor customary.

It is always inadvisable to get tangled in the legal path whilst repaying the loan. Thus it is important to maintain contact with the lender and repay the dues in time.

One must note the following points:

  • In case of home loan, if the lender is ready to auction the property, the amount can still be paid before the auction or an appeal can be made in the Debt Recovery Tribunal to stop the auction.
  • 90 days is the limit after which the loan amount becomes a Non-Performing Asset (NPA) and the lender can initiate recovery process.
  • Last but not least- plan your finances. Finances should be planned, budgeted, and regularly managed to maintain personal funds carefully.

If you are not able to repay your credit card dues, consider loan settlement. Register and talk to our counsellors for more information.

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Case Analysis-Tapan Bose v ICICI Bank https://www.loansettlement.com/blog/case-analysis-tapan-bose-v-icici-bank/ Mon, 07 Jun 2021 11:19:22 +0000 https://www.loansettlement.com/blog/?p=174 Facts of the case: Complainant, Tapan Bose, had taken a loan of Rs. 3,40,749/- to purchase Maruti Swift, from the opposite party, ICICI Bank. The opposite party had already taken post-dated cheques, so the monthly installments were paid on time. A few installments had been collected through ECS and cash as well. After 3 different […]

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Facts of the case:

  • Complainant, Tapan Bose, had taken a loan of Rs. 3,40,749/- to purchase Maruti Swift, from the opposite party, ICICI Bank.
  • The opposite party had already taken post-dated cheques, so the monthly installments were paid on time. A few installments had been collected through ECS and cash as well.
  • After 3 different cheques had bounced, the complainant paid only through ECS or cash. He had been further unable to pay for 3-4 months due to instability in business. He never received any notice regarding the irregularity from the opposite party until 15.01.2007.
  • The complainant on 08.01.2007 had visited the DDCA club along with one Vinod, who was the son of the complainant’s friend.
  • Vinod, who had insisted on staying behind, was directed by a person claiming to be from ICICI Bank, to reverse the car. When he asked for the reason, he was dragged out of the car and slapped. The first person was joined by three others who beat Vinod with rods that had induced injury to his skull.
  • The goons had then, driven the car away. Any effort from Vinod to stop them had resulted in further injury and harassment. The complainant, who had come out to check on Vinod following a missed call, had found him lying on the ground some meters away from where the car was parked.
  • Vinod was rushed to the hospital and the complainant paid for his treatment. The complainant filed an FIR. He claimed Rs. 21,00,000/- and Rs.20,00,000/- for himself and Vinod respectively for mental agony, emotional sufferings, humiliation, and harassment. He further claimed Rs. 50,000/- for the hospital fee.
  • The opposite party denied involvement saying they weren’t responsible for the acts of the collecting agency or its methods.

Judgment:

The Commission held that the opposite party and the agency were both liable in the case. The complainant was granted compensation of Rs. 5,00,000. The Commission directed the bank to return all the post-dated cheques. They were directed to pay punitive damage of Rs. 50 lacs. as a deterrent for their audacity and impunity.

Learnings from the case:

Banks are liable for the acts of their employees or collecting agents engaged in a contract with them. They have to strictly comply and abide by the code of conduct laid down by the RBI in collecting the installments or getting into contact with the customer for any other engagement. Any conduct against these rules is considered immoral and illegal.

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How to Deal With The Loan Recovery Process  https://www.loansettlement.com/blog/how-to-deal-with-the-loan-recovery-process/ Wed, 02 Jun 2021 07:10:24 +0000 https://www.loansettlement.com/blog/?p=171 With about 21 million people losing their jobs due to the pandemic, according to the Centre for Monitoring Indian Economy, Banks and NBFCs have gone into a collection overdrive resulting in recovery agencies calling double the borrowers than pre-Covid-19. The recovery process usually involves negotiating certain conditions of the loan agreement to help the borrower […]

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With about 21 million people losing their jobs due to the pandemic, according to the Centre for Monitoring Indian Economy, Banks and NBFCs have gone into a collection overdrive resulting in recovery agencies calling double the borrowers than pre-Covid-19.

The recovery process usually involves negotiating certain conditions of the loan agreement to help the borrower to repay the dues. Debt usually becomes bad when it hasn’t been paid for three months consecutively and lenders call within this time to check if the repayment was forgotten or if it was unavoidable. The borrower, after discussion, is provided with sufficient time to repay the dues. 90 days past the due date, lenders appoint recovery agents. Mandated by the RBI lenders are to provide details of the recovery agency on their website. It is the borrower’s responsibility to verify the authenticity of the agent.

Agents work on tight schedules engaging in multiple cases every day. They usually call in the first 18-30 days to seek information and time for the payments due.  Agents usually call between 7 am to 7 pm unless otherwise requested by the borrower due to business circumstances or occupational obligations. RBI also mandates a recording of conversation- time, content, and number of calls that were made by the agent to the borrower. The same should be made available when demanded by an authority.

If the due remains unpaid despite the efforts, it automatically enables the agent to meet the borrower personally. However, the visit is to be duly informed. The agent must conduct themselves according to the code of conduct laid down by the RBI. It promotes courtesy and fair treatment as per following guidelines:

(a) The borrower will be contacted at the place of their choice.

(b) Identity and Authority of the representative would be made known at the first instance to the customer.

(c) Client’s privacy must be always respected.

(d) The interactions should be civilized.

(e) Representatives will only contact the customer between 7 am- 7 pm.

(f) Any request to avoid calls at a particular time must be honored.

(g) The time, the number of calls, and content will be documented.

(h) All assistance would be given to resolve disputes.

Furthermore, the contract between the lender and agent must ensure lawfully moral methods during the process.

Lenders are vicariously accountable for the actions of the agents. Inducing the agent with incentives can lead to serious complications. Change in the agent appointed to a borrower must be duly notified by the lender promptly and such agent must carry the notice of appointment along with an identity card.

Following the above narrative, here are a few pointers to avoid recovery agents entering the doorsteps of your house:

(a) The most obvious and foremost- Pay the EMIs on time. Never delay the repayment of dues if possible.

(b) Plan and create reserves to use during the slump. Use them to get out of the debt.

(c) Just like any other relationship, communication is key here as well. Make sure to inform or ask for advice from the lender in case of an unforeseen circumstance that builds trust and understanding.

(d) Avoiding calls or meetings with the agent will create mistrust. Determine your payment ability and do not overpromise.

To err is human. Not everyone traps themselves in debt willingly. There are multiple methods and assistance provided to help get out of a debt trap.  Instead of carrying the burden alone, it is advisable to seek help from lenders, family and friends and professionals in debt settlement. Moreover, RBI monitors the work done by lenders and agents to make the borrower or client comfortable. With the proper knowledge and assistance, what seems strenuous can be finished smoothly.

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Case Study: Cholamandalam Investments v Suresh Kumar https://www.loansettlement.com/blog/case-study-cholamandalam-investments-v-suresh-kumar/ Tue, 01 Jun 2021 12:04:23 +0000 https://www.loansettlement.com/blog/?p=168 Facts of the case: Complainant, Suresh Kumar, had taken loans of Rs.8,50,000/- and Rs.4,85,000/- from the Opposite Party for purchasing trucks to earn a livelihood through self-employment. Despite regular payments of the monthly installments, the complainant claimed that the opposite party had employed hooligans for forcible repossession of the truck that was delivering perishable goods. […]

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Facts of the case:

  • Complainant, Suresh Kumar, had taken loans of Rs.8,50,000/- and Rs.4,85,000/- from the Opposite Party for purchasing trucks to earn a livelihood through self-employment.
  • Despite regular payments of the monthly installments, the complainant claimed that the opposite party had employed hooligans for forcible repossession of the truck that was delivering perishable goods. The purchaser had raised a condition that non-delivery of goods would allow him to a full claim of Rs.3,00,000/-
  • Compelled under the circumstance, the complainant signed blank documents. Instead of returning the vehicle, the opposite party sold it at a discounted rate. The complainant alleged his repeated demands to return the vehicle were also ignored. He filed a complaint at the District Forum and sought compensation.
  • The opposite party questioned the jurisdiction of the District Forum and claimed that the complainant wasn’t a consumer as he did not drive the truck personally. Despite oral as well as written notices, they further claimed that the complainant had continued to default after initial payments.
  • By a letter dated 05.01.2015, the opposite party had asked the complainant to deposit an amount of Rs. 5,16,000/- before selling the vehicle.
  • The opposite party declared the complaint as “totally wrong, baseless and false” and claimed recourse by repossession of the truck.

Judgement:

The District Forum concluded that it had jurisdiction over the case as the opposite party carried out business for the complainant from the same jurisdiction. It further found categorical evidence that the complainant used the vehicle for livelihood through self-employment and was thus concluded to be a consumer. As opposed to the claims of the opposite party, the complainant had defaulted only once.

The District Forum directed the opposite party to pay compensation of Rs.3,00,000/- along with interest @ 12% and Rs.10,000/- towards litigation costs.

Learnings from the case:

Debts usually become bad if it hasn’t been paid for three consecutive months. Before appointing recovery agents, the lender must check to see if the payment was forgotten or if it was unavoidable. They must also give sufficient time and notice before appointing agents to the client. Any other method to settle loan would be against the code of conduct laid down by the RBI. Appointment of hooligans and compelling the consumer is also against the policies laid down by the RBI.

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Stepping Stones To Loan Dispute Resolution With Banks https://www.loansettlement.com/blog/stepping-stones-to-loan-dispute-resolution-with-banks/ Wed, 26 May 2021 07:51:23 +0000 https://www.loansettlement.com/blog/?p=160 A loan dispute is a common issue between a customer and a bank. All loans, whether personal or otherwise involve many technicalities that result in misunderstanding and dispute. The foremost basic thing, whenever a dispute arises, is to seek out the loan agreement and be aware of what the dispute is and why it occurred, […]

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A loan dispute is a common issue between a customer and a bank. All loans, whether personal or otherwise involve many technicalities that result in misunderstanding and dispute. The foremost basic thing, whenever a dispute arises, is to seek out the loan agreement and be aware of what the dispute is and why it occurred, and what corrective measures one wishes to take. The banks’ website usually provides information regarding the dispute resolution process.

Step 1: Keep records of conversation with the bank

Once the outline is drawn about the issue(s), an individual can contact the bank about it. There are multiple ways to initiate contact with the bank. Banks usually have a separate retail division to help customers with loan settlements. One can even call the number provided on the website or agreement or write to their office address or email them.

These records are for future references. Emails are easier to keep a copy of but that is not the case with phone calls. It is important to take note of the executive one will be talking to and correctly note the complaint number generated after logging the complaint. In case the dispute is communicated in writing, banks make certain to send an acknowledgment of the same.

Step 2: The Dispute Resolution Procedure

By law, each bank must provide the email address, the mailing address, and the customer care number to be contacted in case of a dispute. These are usually provided on the bank’s website. Supported by the recommendations of the Damodaran Committee, the Indian Bank Association, and also the Ministry of Finance, each bank enables customers to register their complaints online through the website. It also states when to expect a reply and provides the hierarchy of the redressal mechanism. In most cases, the banks attempt to resolve the issue within 30 days of receiving the complaint but it can also take longer. One must ensure the bank provides the reasons for taking beyond the regular time.

The fastest and the most efficient way to get the case sorted is to check if the grievance can be addressed at the branch level. Locating the person who sold the loan (though difficult) may help sort the issue quickly.

Step 3: Timing the benefits of escalating

One can always escalate the resolution to the following level if he/she is dissatisfied with the one provided by the bank. The Chief Customer Services Manager or the Chief Grievance Officer usually comes into play at around this point. If one continues to be dissatisfied, he/she can approach the internal Ombudsman, who is usually a retired general manager of any Public sector bank other than the bank in question. Each bank mentions the individuals under the internal ombudsman scheme on the website, generally with contact details. Though most complaints belong to the stated terms and conditions’ being different from what was promised, they also register complaints regarding delay in the crediting proceeds of the loan installments, standing instructions, collateral securities, and security documents after satisfactory adjustment to the loan outstanding.

Step 4: Getting external help

There are usually three external ways to assist with dispute resolution. The primary is the Banking Ombudsman, who is an external party and not a part of the bank in question. An individual must approach the officer within one year of the bank rejecting the issue. The names of the nodal officers are again on the Bank’s website.

The second is approaching the Lok Adalat. It functions as a court and believes in the process of negotiation, mediation, and conciliation. It’s also cost-effective. However, one must note that the order passed by the Lok Adalat is final and there can be no further appeals against the order of Lok Adalat.

The third way to resolve loan disputes is through Consumer Courts. It ensures protection under Consumer Protection Act and is preferred because it allows various levels of appeal. Though one can approach the Consumer Courts within two years of the dispute arising. It is an awfully long process.

 Step 5: Do not default

One must remember that the rise of a dispute doesn’t terminate the pre-existing obligations. One must never default in the monthly payment of installments or EMIs. This may go against the customer by harming credit ratings.

Step 6: Keep a cool head

No problem is permanent and in the process of solving it, it’s important to be patient and calm. Anger driven in the wrong direction would not solve the issue and in some cases even prolong it. The vital part is to resolve the issue as quickly and amicable as possible.

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