Loan settlement issues Loan settlement issues

6 months ago

I had got loan for 125000 from loantap and i paid emi 6 times before corona period on 2020 and 2 years i cant pay due to job loss and on jan 2022 they contacted me through whatsapp and asked me to pay remaining amount and i told them i am unemployed so they suggesed for settlement and asked me to pay 80000 then they will send settlement letter throught email. but after i paid they didnt send settlement letter and after 1 and half year sep 2023 they started to ask for remain amount and send the legal notice as i got loan amount 154600. please tell me what to do they are telling me that they will freeze my salary account.

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
Once you settled the loan as required by the lender in the year 2022, they cannot send a legal notice asking for further payment to write off the said loan again in 2023 that ultimately leased out a fresh cause of action giving you a scope to litigate the matter before the appropriate forum/court to access justice in the matter. . So, in the prevailing situation. if you possess all the relevant documents like the loan agreement, evidence of payments and relevant text or emails that support your claim, then serve a counter-legal notice to the lender and, file a Complaint against the lender under Sec.35 of the Consumer Protection Act, 2019 before the Dist. Consumer Commission over alleged unfair trade practice claiming NO DUES Certificate against the payment made by you as required by lender for onetime settlement of loan and compensation for harassment and cost of litigation. Complaint should be filed within two years of the date of cause of action. Reach out to an Advocate for guidance and steps.
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

Anik

Responded 6 months ago

View All Answers
A.Dear Client,
Gather all relevant documents and communication with the lender, including WhatsApp messages, payment receipts, bank statements, and any written communication about the settlement offer. In India, financial institutions and lenders are regulated by various authorities. You can consider filing a complaint with the Reserve Bank of India (RBI) or the Banking Ombudsman if you believe the lender is acting unfairly or unlawfully. If the lender continues to harass you or if you believe their actions are in violation of the law, you may need to consult your lawyer about taking legal action to protect your rights. This might include sending them a legal notice in response or taking the matter to court.
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 iconRepayment of loans and credit cards
Dear Client, Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing wheth...
question iconMultiple unsecured loan defaults
Dear Client, Once a borrower fails to repay his debt, the Lenders/FIs initiate a routine course of action for recovery of the loan/debt from the borrower following the provision under the SARFAESI Ac...
question iconUnfreeze
Dear Client, Once a cybercrime scam or fraudulent transaction is reported online to the National Cyber Crime Reporting Portal(NCCRP), on the instruction of the Cyber Crime Cell, the investigating tea...
question iconFor bank loan
Dear Client, the loan amount must be repaid by the legal heirs of the deceased or the nominee by the deceased if the assets would be frozen by the bank. there is no other legal remedy to non payment
question iconBankruptcy and Debt
Dear sir, You may join any reputed NGO and render your personal service where you can get at least free accommodation and boarding.