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Bank ke dwara 13 2 ka jawab nahi Dena
2 weeks ago
Ager Bank grahak ke 13/2 ka jawab nahi deta aur 13/2 ka time pura hone par aage ki karvai kar sakta hai
A.Dear Client,
As per sub-section (2) of Sec.13 of the SARFAESI Act, a creditor/lender is required to issue a notice in writing to the borrower to discharge his liability within sixty days of the notice when such borrower has defaulted in repayment of secured debt. If the borrower fails to discharge his liability despite the service of notice, the creditor is free to recover the debt through the modes prescribed in sub-section (4) of Sec.13 of the Act by taking over possession of the secured assets of the borrower. Sub-section (3A) of Section 13 of SARFAESI Act was introduced by way of an amendment in the year 2004 whereby the borrower is allowed to make representation or raise an objection to the notice issued under subsection (2) of Sec.13. A further duty is imposed on the creditor to consider such representation/objection and if the creditor concludes that such representation or objection is meritless, he shall communicate within fifteen days of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. The Delhi High Court observed in the judgment of the Supreme Court passed in ITC Limited v. Blue Coast Hotels Ltd. & Ors.: 2018 that the intention of the Legislature in introducing sub-section (3A) is to ensure that objection/representation of a borrower against any action for enforcement of security interest is considered before a creditor proceeds to take possession of the secured assets in terms of Section 13(4) of the SARFAESI Act. In the given situation, you may negotiate or settle your dues against loans with the Bank by following the steps like lowering your interest rate, arranging for a reduced interest rate is one of the most common requests a defaulter borrower can make to the Bank, creating or restructuring a repayment plan or extending the tenure of repayment of a loan, looking for debt forgiveness. considering loan consolidation, offering a one-time settlement payment. Following these steps, you may write an application requesting for settlement of dues to the concerned Bank stating why you cannot repay your outstanding dues lying against the loans. Also, write that you want to explore alternative repayment terms. Further, a quick counseling session with a certified credit counselor can help you to discover your options and choose the right path to resolve or settle the matter with the Bank.
As per sub-section (2) of Sec.13 of the SARFAESI Act, a creditor/lender is required to issue a notice in writing to the borrower to discharge his liability within sixty days of the notice when such borrower has defaulted in repayment of secured debt. If the borrower fails to discharge his liability despite the service of notice, the creditor is free to recover the debt through the modes prescribed in sub-section (4) of Sec.13 of the Act by taking over possession of the secured assets of the borrower. Sub-section (3A) of Section 13 of SARFAESI Act was introduced by way of an amendment in the year 2004 whereby the borrower is allowed to make representation or raise an objection to the notice issued under subsection (2) of Sec.13. A further duty is imposed on the creditor to consider such representation/objection and if the creditor concludes that such representation or objection is meritless, he shall communicate within fifteen days of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. The Delhi High Court observed in the judgment of the Supreme Court passed in ITC Limited v. Blue Coast Hotels Ltd. & Ors.: 2018 that the intention of the Legislature in introducing sub-section (3A) is to ensure that objection/representation of a borrower against any action for enforcement of security interest is considered before a creditor proceeds to take possession of the secured assets in terms of Section 13(4) of the SARFAESI Act. In the given situation, you may negotiate or settle your dues against loans with the Bank by following the steps like lowering your interest rate, arranging for a reduced interest rate is one of the most common requests a defaulter borrower can make to the Bank, creating or restructuring a repayment plan or extending the tenure of repayment of a loan, looking for debt forgiveness. considering loan consolidation, offering a one-time settlement payment. Following these steps, you may write an application requesting for settlement of dues to the concerned Bank stating why you cannot repay your outstanding dues lying against the loans. Also, write that you want to explore alternative repayment terms. Further, a quick counseling session with a certified credit counselor can help you to discover your options and choose the right path to resolve or settle the matter with the Bank.
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A.Dear Client,
According to Section 13(2) of SARFAESI Act, the borrower is required to repay the outstanding dues within 60 days from the date of the notice. If the borrower fails to comply with the notice, the secured creditor will issue a notice under Section 13(4) notice. By this notice, the secured creditor is entitled to take possession of the secured assets and property of the borrower and utilize the proceeds of them to recover the outstanding dues. We would require more details on the issue, to answer it precisely. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
According to Section 13(2) of SARFAESI Act, the borrower is required to repay the outstanding dues within 60 days from the date of the notice. If the borrower fails to comply with the notice, the secured creditor will issue a notice under Section 13(4) notice. By this notice, the secured creditor is entitled to take possession of the secured assets and property of the borrower and utilize the proceeds of them to recover the outstanding dues. We would require more details on the issue, to answer it precisely. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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