Personal Loan and Credit card Load Personal Loan and Credit card Load

2 months ago

I have recently lost my job. I had taken a personal loan two years ago. I still pay my EMI on time but after two months, If I do not find a job, I will not be able to pay my EMI. I need your help regarding how can I solve these issues.

Anik

Responded 2 months ago

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A.Dear Client,

Given the current circumstances, you have the option to file for bankruptcy. Under the Provincial Insolvency Act, 1920 (now replaced by the IBC Code 2016), bankruptcy can be filed if you are unable to repay a debt exceeding ₹500. The court will review the application, and its acceptance or rejection depends on meeting the specified conditions. Alternatively, you can consider negotiating a debt settlement independently, paying the entire outstanding amount in a lump sum, or engaging third-party debt relief companies to negotiate on your behalf. Debt settlement involves repaying a portion of the loan balance, with the lender forgiving the rest. When negotiating, offering to pay around 25% to 30% of the outstanding balance may be a starting point. It is important to be cautious of potential scams and to check the legitimacy of debt settlement companies with state authorities or consumer protection agencies. While debt settlement can alleviate financial challenges, it comes with drawbacks such as a negative impact on your credit score and potential tax consequences. Seeking advice from a certified credit counselor can provide guidance on available options and help in making informed decisions regarding debt settlement with the bank.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear client,
In the prevailing situation, you may file for bankruptcy. Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500.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 whether the conditions for filing of bankruptcy have been met, the court may accept or reject the application. Alternatively, you can try to negotiate a debt settlement on your own if your pocket permits to repay the entire outstanding at a time for a one-time settlement of dues, but sometimes it's typically done through third parties like debt relief companies, which you may hire to negotiate the settlement matter with the lender on your behalf. With this method, you will make payments to the debt settlement company rather than your creditors/lenders, along with certain service charges/fees. Debt settlement is an agreement between a lender and a borrower in which the borrower repays a portion of a loan balance and the lender forgives the remainder. You may consider starting the negotiation by offering to pay 25% or 30% of your outstanding balance in return for forgiveness on the rest. But, it may be noted that while there are legitimate debt relief/settlement companies, there are also many scam operations. So, if you're considering one, the Consumer Financial Protection Bureau(CFPB) suggests for contacting your state attorney general's(AG) office and local consumer protection agency to ask if they have any consumer complaints on file about that company. Some states require that debt settlement companies be licensed, which may provide some added protection. Although a debt settlement can offload some of your financial crisis, there are also a few potential risks and downsides to consider. First, a debt settlement will affect your credit score. That will make it more difficult for you to get credit or good interest rates in the future. Another potential drawback is that when you settle debt, you could face tax consequences. Further, a quick counselling session with a certified credit counsellor can help you to discover your options and choose the right path forward to settle the debts/loan with the Bank.
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