EDUCATION LOAN RELATED QUERY EDUCATION LOAN RELATED QUERY

8 months ago

I have taken 70000 education loan from Eduvanz An NBFC I have not payed a single EMI since May, 2023 . Now they have sent me a legal notice what shall I do.

Anik

Responded 8 months ago

View All Answers
A.Dear client,
Legal notice for recovery of money acts as a warning for the borrowers who are not meeting the terms of repayment. This is a legal notice or warning to the person, if he/she does not respond to the notice or continues the malpractices then a case can be filed against him.
We would advise you to settle the matter amicably with the bank Please visit the bank and ask it to extend the time for repayment
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
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 by Bank 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 from the Borrower, Bank 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 loans for any reason whatsoever. Moreover, legal actions may also be taken against you that includes filing a civil suit in court or initiating criminal proceedings against you. The banks may also make use of debt recovery tribunals in order to recover the dues they are owed from the defaulter borrower. However, you may negotiate or settle your dues against loans 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. Specify the amount that you can pay, as well as what you expect from the creditor Bank in return. A good starting point for negotiation could be offering around 30% of the amount that you owe. In case of any harassment or threats by recovery agents asking refund of dues, you may then immediately bring the matter to the notice of the concerned Bank and the higher authority and lodge a complaint in the local police station regarding harassment by the recovery agents.. You also need to file a complaint online to the RBI against arbitrary and coercive action of the concerned Bank adopted for the recovery of debt from the loan defaulter. Apart you can file a civil suit praying for an injunction against the Bank and recovery agent. You can also register complaints under the Integrated Ombudsman Scheme of RBI when you have already registered your complaint to the concerned Bank or NBFC and it has been rejected by them or doesn’t get any answer within 30 days. You have to visit https://cms.rbi.org.in website to register an online complaint for any matter related to banks. you can also make a complaint through mail to the Centralized Receipt and Processing Center notified by RBI. For this, you have to write your complaint and send it by email to: [email protected] for redressal of your grievance. 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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconEducation Loan
Dear Client, In the prevailing situation, you need to obtain a course cancellation certification from the institute, and based on said cancellation certificate you need to inform the concerned NBFC t...
question iconRegarding surity and stay of execution
Dear sir, You have to implead yourself as a party in the pending case if any otherwise file separate case to discharge you from suretyship.
question iconRecovering Loan given to a Friend
Dear sir As cheques are undated you can file cheque bounce case which is financially feasibly and you need not pay any court fees.
question iconCredit card payment
Dear Client, You can try to negotiate a debt settlement with the Bank on your own if your pocket permits to repay the entire outstanding of your credit cards at a time for a one-time settlement of du...
question iconJoint account Chaque with minor signature only
Dear Sir, Please check whether cheque is acceptable with the signature of minor normally it is not acceptable. Please get an endorsement from the Bank and then get issue a legal notice as provided und...
Read Blogs on Debt and Lending Agreement