About vehicle loan About vehicle loan

8 months ago

I am guranted to the vehicle loan in a private bank..the person is not paying the emi amount on time..so I want to leave the guranted from the loan..is it possible

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
Once the EMI against a loan is not repaid for consecutive 3 times by the borrower for any reason whatsoever, it is treated as NPA. Accordingly, Bank sends notice to Borrower asking him/her for repayment of the entire dues lying against your loan offering suitable terms. In the absence of any response for the Borrower, they started the routine process of action prescribed under relevant laws for recovery of debt lying outstanding against the Borrower and the Guarantor. You can make a prayer to the Bank for some more time to settle the dues but cannot escape yourself from your liability of repayment of your loan for any reason whatsoever. In the prevailing situation when a suit for recovery of an outstanding loan from the borrower is filed before a Civil Court, after hearing both parties Court may pass an order for attachment of collateral security for both the borrower and guarantor for recovery of the loan. you may make a prayer before the Court for granting some more time explaining your present financial constraints which may or may not be allowed on the objection from other party Bank. So, try to negotiate the matter with the Bank out of court on suitable terms considering its impact on your CIBIL Record and other legal consequences. Reach out to an Advocate for guidance and steps.
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Anik

Responded 8 months ago

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A.Dear client,
However, unless the borrower obtains a new guarantor or provides extra security, a bank might not permit a guarantor to withdraw. The bank has the right to forbid the switch even if a new guarantor is added. You can also write a guarantor withdrawal letter to the bank.
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