loandefault Archives - Loan Settlement https://www.loansettlement.com/blog/tag/loandefault/ Loansettlement Blog | A Knowledge Base to Guide you for Loan Settlement Mon, 18 Mar 2024 05:40:10 +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 loandefault Archives - Loan Settlement https://www.loansettlement.com/blog/tag/loandefault/ 32 32 Loan 101: Understanding Different Loan Types and Their Purposes https://www.loansettlement.com/blog/loan-101-understanding-different-loan-types-and-their-purposes/ Mon, 18 Mar 2024 05:40:10 +0000 https://www.loansettlement.com/blog/?p=1198 In today’s financial landscape, loans have become an integral part of our lives. Whether it’s for purchasing a home, starting a business, or dealing with unforeseen emergencies, loans provide a financial cushion that many of us rely on. However, not all loans are created equal, and understanding different loan types is crucial for making informed […]

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In today’s financial landscape, loans have become an integral part of our lives. Whether it’s for purchasing a home, starting a business, or dealing with unforeseen emergencies, loans provide a financial cushion that many of us rely on. However, not all loans are created equal, and understanding different loan types is crucial for making informed borrowing decisions. In this blog, we’ll explore the different types of loans and their distinct purposes, emphasizing the significance of understanding them to make informed borrowing decisions.

Importance of Understanding Different Loan Types

Before diving into the world of loans, it’s essential to recognize the significance of comprehending the various options available. Making uninformed decisions when borrowing money can lead to financial strain and potentially long-term consequences. By understanding different loan types, borrowers can:

  • Make Informed Borrowing Decisions: Each loan type comes with its own set of terms, interest rates, and repayment options. By familiarizing themselves with these aspects, borrowers can choose the loan that best fits their financial situation and goals.
  • Avoid Unnecessary Debt: Understanding the purpose and terms of different loans helps borrowers avoid taking on unnecessary debt. It enables them to assess whether a loan is truly needed and whether they can comfortably manage the repayment.
  • Save Money: Comparing loan options allows borrowers to find the most cost-effective solution. By selecting a loan with favorable interest rates and terms, borrowers can save money on interest payments over the life of the loan.
  • Protect CIBIL score: Defaulting on loans or choosing the wrong type of loan can negatively impact one’s credit score. By understanding loan terms and repayment requirements, borrowers can protect their creditworthiness.

Also Read: https://www.loansettlement.com/blog/cibil-score-for-loan-how-important-is-it/

Comparing and Contrasting Different Loan Types

Now, let’s compare and contrast some of the most common types of loans based on key factors such as interest rates, repayment terms, eligibility criteria, and benefits:

Personal Loans

  • Interest Rates: Typically higher interest rates compared to secured loans.
  • Repayment Terms: Fixed monthly payments over a predetermined period.
  • Eligibility Criteria: Based on credit score, income, and other financial factors.
  • Benefits: Flexibility to use funds for various purposes without collateral.

Mortgages

  • Interest Rates: Generally lower interest rates compared to unsecured loans due to the collateral (the property being financed).
  • Repayment Terms: Long-term repayment plans spanning 15 to 30 years.
  • Eligibility Criteria: Factors include credit score, income stability, and debt-to-income ratio.
  • Benefits: Allows individuals to purchase homes without having to pay the full purchase price upfront.

Payday Loans

  • Interest Rates: Extremely high annual percentage rates (APRs), often exceeding 400%.
  • Repayment Terms: Typically due on the borrower’s next payday, leading to short repayment periods.
  • Eligibility Criteria: Minimal requirements, usually proof of income and an active bank account.
  • Benefits: Provides quick access to funds for individuals facing urgent financial needs, albeit at a high cost.

Debt Consolidation Loans

  • Interest Rates: Vary depending on creditworthiness and collateral.
  • Repayment Terms: Consolidates multiple debts into a single monthly payment, often with a longer repayment period.
  • Eligibility Criteria: Requires decent credit score and sufficient income to support repayment.
  • Benefits: Simplifies debt management by combining multiple debts into one loan with potentially lower interest rates.

Conclusion

Understanding the different types of loans empowers individuals to make informed borrowing decisions tailored to their needs. Whether it’s obtaining a personal loan for unexpected expenses, securing a mortgage to purchase a home, or consolidating debts for better financial management, each loan type serves a specific purpose. By comparing factors such as interest rates, repayment terms, eligibility criteria, and benefits, borrowers can navigate the borrowing process confidently while minimizing financial risks.

Before embarking on the journey of acquiring a loan, take the time to research and understand the available options. By doing so, you’ll not only secure the financing you need but also pave the way for a healthier financial future. Remember, informed borrowing is the key to achieving your financial goals while avoiding unnecessary debt burdens.

Register with us today at https://loansettlement.com/ to get started! Our team of experienced professionals can help you negotiate repayment plans with your lenders.

In addition to offering tailored advice and guidance, Loansettlement.com also provides access to financial education materials that can help you make informed decisions about your finances. Whatever situation you are in, don’t hesitate to reach out for help with your loan payments. We understand that everyone’s situation is unique, so we offer personalized advice and assistance that fits your specific needs. With the right advice and assistance, you can get back on track and make progress toward becoming debt-free once again.

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Here’s What You Need to Know If You’re a Home Loan Defaulter https://www.loansettlement.com/blog/heres-what-you-need-to-know-if-youre-a-home-loan-defaulter/ Fri, 22 Dec 2023 06:56:37 +0000 https://www.loansettlement.com/blog/?p=1139 Falling behind on home loan payments can be a daunting experience, but understanding the consequences and potential legal actions can help you navigate through the challenges. In this article, we will delve into the details of what happens if you’re a home loan defaulter, covering legal actions, debt settlement options and the impact on your […]

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Falling behind on home loan payments can be a daunting experience, but understanding the consequences and potential legal actions can help you navigate through the challenges. In this article, we will delve into the details of what happens if you’re a home loan defaulter, covering legal actions, debt settlement options and the impact on your credit score.

Legal Actions Against Home Loan Defaulters: When you default on a home loan, the lender may resort to legal actions to recover the outstanding amount. The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) is a crucial piece of legislation that empowers lenders to take possession of the property and sell it without the intervention of the court. Understanding the legal framework is essential for borrowers facing loan default.

SARFAESI Act and Loan Default: SARFAESI grants financial institutions the authority to seize and sell the collateral property without court intervention in the event of a loan default. It’s crucial to comprehend the provisions of SARFAESI to navigate through the process and explore available options for resolution.

Debt Settlement and Loan Default: Debt settlement is an option for borrowers looking to resolve their loan default issues. Negotiating with the lender for a mutually agreed-upon settlement amount can provide relief. This process involves the borrower paying a lump sum amount, often less than the total outstanding, in exchange for debt resolution.

Impact on Credit Score and Loan Default: A home loan default has a significant impact on your credit score. Late payments and defaults are reported to credit bureaus, affecting your creditworthiness. Understanding how your credit score is affected is crucial for planning your financial future and rebuilding credit.

Also Read:https://www.loansettlement.com/blog/home-loan-settlement-process/

Credit Card Settlement Agency and Loan Default: In some cases, individuals facing financial hardship may also be struggling with credit card debt. Engaging with a credit card settlement agency can be an option to explore, as they specialize in negotiating settlements with creditors on behalf of borrowers.

Personal Loan Default and Consequences: The consequences of defaulting on a personal loan are similar to those of a home loan. Lenders may take legal actions, affecting your credit score and financial standing. Exploring debt settlement options and understanding the legal implications is vital.

Auctioning vs. Selling Collateral: When a lender takes possession of the collateral property, they have the option to either auction it or sell it through other means. Understanding the pros and cons of each approach is crucial for both the borrower and the lender.

Being a home loan defaulter is a challenging situation, but it’s essential to be aware of the options available for resolution. From understanding the legal actions under SARFAESI to exploring debt settlement and comprehending the impact on your credit score, being informed empowers you to make the best decisions for your financial future. If you find yourself in such a situation, seeking professional advice and open communication with your lender can be key to finding a viable solution.

Register with us today at https://loansettlement.com/ to learn more about our services and how we can help you!

 

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What happens After NPA ? Get All The Answers Here https://www.loansettlement.com/blog/what-happens-after-npa-get-all-the-answers-here/ Mon, 16 Jan 2023 06:10:03 +0000 https://www.loansettlement.com/blog/?p=814 NPA is a term used to describe loans that have gone bad and are unlikely to be paid back. This can happen due to the borrower’s inability or unwillingness to repay the loan amount. When this happens, lenders often need to take action and write off the unpaid debt as a non-performing asset (NPA).  The […]

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NPA is a term used to describe loans that have gone bad and are unlikely to be paid back. This can happen due to the borrower’s inability or unwillingness to repay the loan amount. When this happens, lenders often need to take action and write off the unpaid debt as a non-performing asset (NPA). 

The NPA Lifecycle:

Collection Attempts: The journey to NPA status begins with the lender’s attempts to collect outstanding payments from the borrower. This often involves reminders, notifications, and negotiations to salvage the loan.

Notice of Default: When all efforts fail, a notice of default is issued to the borrower. This formal communication marks the acknowledgment that the loan is in distress and unlikely to be repaid.

Debt Restructuring or Legal Action: Post declaration as an NPA, lenders face critical decisions. They can opt for debt restructuring, selling the loan back to the borrower at a discounted rate with extended terms. Alternatively, legal action may be pursued to recover the outstanding amount.

Debt Restructuring Process: If debt restructuring is chosen, negotiations occur between the lender and the borrower. The debt may be repurchased at a reduced value, allowing the lender to recoup partial losses while affording the borrower a chance to rectify the situation.

Legal Proceedings: When legal action is initiated, the lender may take possession of collateral used to secure the loan. Liquidation proceedings follow, potentially involving the sale of assets such as homes, cars, or other properties.

When a loan becomes an NPA, there are several steps in the process

  • The first step is for the lender to try and collect any outstanding payments from the borrower. If this fails, then a notice of default is issued to the borrower and the loan amount is written off as an NPA. 
  • Once a loan has been declared an NPA, the lender has several options. 
  • They can either try to sell the loan back to the borrower in a “debt restructuring” process or they can proceed with legal action to recover the outstanding amount. 
  • If the debt is sold back to the borrower, then it will typically be at a discounted rate and with extended terms. This allows the lender to recoup some of their losses while also giving the borrower an opportunity to bring the loan current. 
  • If legal action is taken, then the lender will generally take possession of any collateral used as security on the loan and begin liquidation proceedings. This may involve selling off assets such as cars, houses, or other personal property that was used as security on the loan.

No matter which option is chosen, when a loan is declared an NPA it’s important to understand all the steps in the process and what can be done to prevent future defaults. By being aware of these steps and taking proactive measures, lenders can help protect their investments and borrowers can avoid potential financial difficulties.

Also Read:https://www.loansettlement.com/blog/what-happens-if-online-loan-is-not-paid/

In case, you are struggling to repay your loans then Loan settlement can be a good option

In loan settlement, you negotiate with the lender and settle your loan amount at a reduced rate. This can help you get out of debt faster and save money in the process. 

Loan settlement.com is India’s most trusted financial service provider offering loan settlement and debt consolidation services.

Our financial and legal experts will help you understand the process and work with you to negotiate the best possible settlement for your loan amount. 

We offer complete guidance on the loan settlement process and help you take control of your financial future and protect you from all kind of harrassments and will help you in getting out of debts.

We offer personalised services and have helped over 10,000 borrowers find the right solution for their financial needs. 

So, if you are looking for a reliable and trustworthy financial partner to help you settle your loan amount then register with us today! 

We understand that sometimes it’s not easy to manage finances, so let us help you get back on track.

Visit the website https://loansettlement.com/ today to find out how you can reduce your debt without compromising on quality.

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Debt Settlement Companies in India: How to Choose the Right One for You https://www.loansettlement.com/blog/debt-settlement-companies-in-india-how-to-choose-the-right-one-for-you/ Mon, 24 Jan 2022 07:01:58 +0000 https://www.loansettlement.com/blog/?p=306 If you are struggling to pay your debts, you may be considering debt settlement. This is when you hire a company to negotiate with your creditors on your behalf, in order to reduce the amount of money you owe. It can be a great way to get out of debt faster, but it’s important to […]

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If you are struggling to pay your debts, you may be considering debt settlement. This is when you hire a company to negotiate with your creditors on your behalf, in order to reduce the amount of money you owe. It can be a great way to get out of debt faster, but it’s important to choose the right company for you. In this blog post, we will discuss how to choose the right debt settlement company in India.

When looking for a debt settlement company, it’s important to consider the following factors:

– The company’s fees: Make sure you know how much the company will charge and what services they provide.

– The company’s reputation: Do your research and make sure you choose a reputable company with solid management team and a good track record.

– The company’s experience: Make sure the company has a lot of experience in debt settlement and knows how to negotiate with creditors.

– The company’s approach: Make sure the company has a plan that is right for you and your specific situation.

Loansettlement.com is led by experienced entrepreneurs who are alumni of IIT, IIM and MIT USA. They bring more than 30 years of entrepreneurial experience in varied domains – finance, consulting, online education and global careers management.

Our goal is to assist individuals in financial difficulties in getting out of debt. It’s widely acknowledged that if you default on your loan payments in India, recovery agents will pursue you and your life will become hellish, despite several Supreme Court rulings prohibiting the use of harsh measures during collection. We not only help you to negotiate settlement with the banks/ NBFCs but also put a stop to this kind of illegal harassment.

If you’re looking for a debt settlement company in India, please contact us today. We have significant expertise and we know how to get the best results for our clients.

For more information and to talk to our financial and legal advisors, register at loansettlement.com.

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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

Register Now

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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.

Register Now

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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.

If you are facing harrassment from the recovery agents, register and talk to our counsellors.

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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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