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Hashim (Owner)     24 July 2013

Edu loan npa:urgent help needed

I need an urgent help. I took an Edu loan with BOB Calicut branch for INR 1 Lakh on 2002 for my MBA and my uncle who is a central govt employee is the guarantor. I finished course on 2004 and got job in an MNC started paying installments. In due course as career advanced I took car loan and then housing loan from other banks. I neglected edu loan due to other loans. From 2008 onwards it was declared NPA with INR17000 Balance. Mean while I ventured in to a business and got some set back. Now I returned back to job and I’m cautious not to default housing loan. On May (2013) BOB branch manager came up with amicable OTS 0f 6000 & I was ready to pay, but further I dint get call from bank I just for the deal. Last week new manger came in and my uncle who is a Central govt employ applied for a loan he was denied due to my default. The manger says that He will release the loan after realizing my 17000.I went to branch and offered up to 10000, but manger wants 17000. Even though it’s a small amount due to my circumstance, Any solution for this, is it legally possible to take money from the guarantor now? With out doing it when I was defaulting. Which is the apex body of the  BOB  to show my grievance approach for settlement offered by previous manger? Once Declared NPA the amount will get reduced? Plz give answer to me soon coz I m getting pressure from my uncle.



Learning

 7 Replies

2BHelpfull (Other)     25 July 2013

do u have anything in wriiting from previous manager.

if not , then u cannot do  anything but to pay the amt. it the amt is small as per ur view then why not pay it.

Hashim (Owner)     25 July 2013

Sir, Its not matter  small amount.The manger commited for the OTS over phone when I was out of station.When I reached branch aftr few days new manger wants full settelement.

malipeddi jaggarao (retired banker)     26 July 2013

Mr.Hasim

Your query involved the following issues:

1) Since the account is declared NPA, the liability should be reduced.

2) the Previous Manager accepted OTS but the present Manager denies.

3) Your uncle who stood as guarantor, is facing problem due to your default. 

 

The Answers: 

1) No.  NPA - the name itself is Non-performing Asset for the Bank.  That means the bank is not earning any interest on its asset and it should not book interest and show it as a profit where there is no actual receipt of interest. This is an internal matter of the Bank and it will not come in the way for recovery.   In fact it will hasten the process of recovery and if the borrower or guarantor is capable of repayment, it will recovery to the last pie.  

 

2)  One can not understand why the previous manager accepted Rs.7000 against Rs.17000 liability when the borrower is having earning capacity.  Of course, if he has agreed there should be proper channelization of his consent.  You should have applied for reduction,, narrating your incapacity to pay the full amount and the Manager or the competent authority should accept your request and reduce it in writing.  The new manager is right in his approach in the absence of written commitment on the part of the Bank (then represented by his previous manager).

 

3) Naturally bank will not extend any advance facility to the person who stood as guarantor in a overdue account.  Bank has got the right to recover the money either from borrower alone, or from the guarantor alone or from both looking into the easy way of recovery.  In this case, it is easy for the bank to recover the amount from your uncle  

Mr.Hasim, it is education loan.  You got benefit out of it.  You are employed.  You did not pay for a long time.  According to me, you better pay your total liability get relieved of youself and also your uncle. 

 

Best wishes 

Jaggarao

 

girish rathod (Software Developer)     26 July 2013

how such fraud can happen.

Prashant Agnihotri (Lawyer)     28 July 2013

it is an small amount,pay it.................

Prashant Agnihotri (Lawyer)     28 July 2013

settlement of loan with the bank is the final positive solution for you.In this case you becomes a wilful defaulter and your credit rating in CIBIL get spoiled.therefore you r not eligible for loan from another bank  loan


(Guest)

agreed with the experts. 


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