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1 week ago

I will take a loan on Vehicle Finance from one Finance but In my Vehicle Finance name is different and endorsement is not taken form me at a time of Vehicle loan some of my family' issue I don't payment emi at aright time financers taken my Vehicle but they can't give Vehicle seizing letter and Vehicle Finance is running the Last emi is after 3 month's but financers is threatening to sell my Vehicle without my permission and my approval to not pay within one month is there any legal action on fianace

Anik

Responded 1 week ago

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A.Dear Client,

If the finance company has repossessed your vehicle without providing a seizure letter and is threatening to sell it without your consent, they may be in violation of your legal rights. Typically, finance agreements require the lender to provide notice and follow certain procedures before repossessing and selling the vehicle. Additionally, selling the vehicle without your permission could constitute a breach of contract. You should review your finance agreement to understand your rights and obligations. If you believe the finance company has acted unlawfully, you may have grounds to take legal action against them. It's advisable to consult with a lawyer who specializes in consumer rights or finance law to explore your options and determine the best course of action to protect your interests.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
A financier cannot take away the secured asset from the borrower who fails to repay his debt without an order from the Court. In the given situation, filing a complaint against the recovery agents of the Bank at the local Police Station, a copy of the said complaint should be sent to the concerned Bank. Further, a complaint against the loan recovery agents appointed by the Bank can be made to the regulatory authority RBI online at https://cms. rbi.org.in. The complaint may also be lodged by filing an offline complaint and submitting the same at the Centralised Receipt and Processing Centre (CRPC) at RBI, 4th Floor, Sector 17, Chandigarh, PIN-160017. In a recent judgment, the Hon'ble Patna High Court in the case of Dhananjay Seth v. Union of India, 2023 SCC OnLine Pat 1393, decided on 19-5-2023 directed the Superintendent of Police of all the districts in the State of Bihar, to ensure that within their jurisdiction no recovery agent of the Bank and Financial Institution might take the law into their hands without an order of the competent court of law. Further, a quick counseling session with a certified credit counselor can help you discover your options and choose the right path to resolve or settle the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

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