Upgrad LLM

credit card and personal loan default


 

Dear All,
Please help me out in in this regards as stated below:
I had taken a personal loan of 2.8 lakh  from a private bank for 3 years, and one credit card with used credit of 93k. till the date all emi are on time i paid but this month means 01-feb-13 onward due to some financial difficulties   i am not able to pay EMI back, and not paid the minimum amount due for credit card from this month onward . the adress having with the bank is karnataka adress. and i am not living there now,. within one and a half month i am going abroad for new job.  my first concern is the bank can stop me from going abroad ? in the airport they can stop me ?  i took loan when i was in karanataka  and credit card also issed in karnataka, now i am in andhrapradesh  and this banks can start legal proceedings against me before i go to abroad? means within 2 months?i have given cheques before getting my personal loan. so they will sue for dishonour of cheque. if they start legal proceedings within 1 month then i will not get my police clearance certificate.   my friend said they will issue a summons and the summons issued in karanataka is also valid in andhra pradesh?  


I want to pay the loan back but need at least 2 months time more to regularize the payment.  can you please help me in this regard.


Please let me know what legal action can be taken against me and how i can come out of it by the best possible way,and in future what difficulties i will face kindly help me out in this case urgently.

 
Reply   
 
Advocate

Dear Mr. Rahul,

Your default in making payment is a civil liability.  When you take loan or use credit card, you have a contract with the bank to repay it, as per the terms and conditions agreed upon. If you do not make payment to the bank then the bank will first issue you a legal notice and will ask you to make payment. If you still fail to do so the bank will start a recovery proceedings against you which takes alot of time.

In regard to the loan issue, they must have taken post dated cheques from you. Once you will default in EMI they will start depositing cheques to recover money, which will for obvious reasons dishonour. Now once the cheques bounce two issues stand up. Firstly, you are liable for penal action under section 138 of Negotiable instruments act and other is the civil liability for breach of contract to repay. The second issue is not that a big problem as the first one. Once the 138 proceedings get started you will have to appear in the court and take a bail. 

In regard to the information at the aiport, it is done for those people against whom there is a look out. The look out starts only when the police or the court informs the FRRO that you are wanted to appear before a court or police but you do not appear or there is a non-bailable FIR against you or you are convict who might run out of the country. But in your case all this will not happen within 2-3 months. But ya there is one probblty that once you go out of India all these process start against you in India. And there might be a LOC against you in an year or so. So whenever you will visit back India you might be in trouble. So I suggest that settle it before you leave.  


Total likes : 1 times

 
Reply   
 



thanks for the reply parvez

but, i still did nt got the answer , how long they will wait to start legal proceedings against me ?  because i have a plan to reapy the emi and the credit card payment  after 3 omonths once i started getting my salary from the job that  i am having abroad.. and i do not have any land or property in my name.  all properties are in the name of my father, so the bank can take recovery action against any of my family members? bank can pressurise to pay them on behalf of me in legal way ?  because i do not want them suffer.  they do not know that i i have these financial problems.   

 
Reply   
 
Student

Mr.Rahul Krishna,

The answer to your question is in affirmative for the two reasons one being there must be some guarantor in your case and secondly your family member might be retaining something out of your self earned moveable or immoveable property and or your share in ancestral property which is a good ground by the Bank to proceed against your family members.  In the fitness of things why don't you have a interface with bank tell them about your genuine difficulty get rescheduled your payment plan and get rid of your financial difficulty for now and ever.

 

Hope this clarify the issue.

 

Thanks and best regards

 

Daksh

 
Reply   
 

no. there is no guarater because it is a personal loan, i only given blank cheques in the name of bank.  and how my  my fathers property  will become mine without his written consent by law ? there is no registered property in the name of me.  only one bike that i sold already.   i bought  home apliances and these banks can take all that ?  !!!! really? 

 
Reply   
 

Dear sir


Some private finances using advocate name like " i am advocate xxxxx, i have NB arrest warrant for you because you're not received the court notice which sent it to your old house address, if you want the case should be "amicible" then pay 30k or 40k to directly that particular finance company".  BUT one of my cosin who are pratice in Chennai high court, if he called that particular person cell number and checked that he is totally fraud person.

My cosin told to me that "Non-Cognizable case means that civil case issue the court will never give arrest warrant to any person unless received the court notice more than three times after signed it.

Is there any law for taking action for telling like that " i am advocate"  the person who are not advocate and law procedures please advise to me.


Thanks

Ravi

 
Reply   
 
LOAN & CC SPECIALIST

I am a freelancer assisting people on their credit card or personal loan issues. In case if you cannot pay your debths and wanted to get rid of it then do contact me .In case if you lost the job and cannot pay the EMI's then do not hesitate to contact me 

I have resolved multiple cases since past 4 years and many have got relieved from my advice 

Please send emails with complete details at banklegalexpert@gmail.com

 
Reply   
 

Sir, 

 

I got a Axis Bank credit card and had been using it and paying my dues regularly teill 2 years before.

 

Two years before i lost  my job and was not able to pay my credit card  dues and there was a principle outstanding of Rs. 16900.00.

 

And i started paying part by part of whatever i was able to pay in my monthly salary and have paid up to the tune of above Rs. 40,000.00. Now i am not able to pay any more as of my other commitments. As such i have paid 150% above of my principle amount, i reuested the bank to clear my debts without any further payment. 

 

but the bank is refusing and its collection agents are make frequent calls and visits and speak in harsh tones, stating that i have cheated the bank. Where is the point of cheating the bank when i ahve already paid my principle amount and 150% above the principle amount.

 

I am unable to pay more. Can u guide me with this situation, please?

 
Reply   
 

Urgent!!-----Can court can pass order for decree in case of credit card defaulters???

 
Reply   
 
Advocate

Yes ena court can.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x