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seeker21   14 August 2020

Need advice on lawyer notice

Recently we received a lawyer notice for an unpaid installment for an equipment loan taken in 2008. The letter claimed that one of the installment of Rs.1700 was not paid in 2012 - and to repay the outstanding amount along with the interest amount for a total of Rs 300000. This is the first time we received this notice and it claims that there were other attempts made to contact us for the repayment - which is not true. The loan was disbursed only after post dated cheques for all the installment amounts were provided to the finance firm through their agents. The bank account contained adequate funding all through the time installments were due. We got the latest statements from the bank from 2012 and found that the last installment was not withdrawn from the account.

In light of the above scenario - what should be next steps in responding to the notice?

Something to consider :

- no attempt to contact us since 2012 until now - yet the letter claims otherwise

- all cheques were provided at the time of loan application, and the bank account was fully funded during the time the payments were due

- we have proof of the bank account being active and containing enough funding through the last installment

There was no bad intent on our part for the repayment of the loan - but it looks like incompetence of the finance firm in securing all the cheques given during loan approval - and further failing to make a sincere attempt at contacting us (directly or through agent) for the missing cheque / payment in 2012  - and holding us accountable for the huge repayment amount is strange and unfair, not sure if it it is legal either.

Requesting some advice this, thanks in advance!!



 4 Replies

Ashish dube   14 August 2020

Highlight these points and reply to the notice.
1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 August 2020

1. Loan & Interest repayment demand is now time barred and financing agency CANNOT demand any payment and neither you are legally liable to pay any such amounts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

seeker21   14 August 2020

Thanks for the response. I am planning to respond the to notice as suggested above with our findings - and hope that this matter doesn't drag on.

Is there anything that the response should contain other than the facts from our side - since this notice is causing anxiety to the original loan requestor - who is a retired senior citizen who fears court appearance request in a jurisdiction far from the place of residence at this time of Covid? Not to mention the mental harassment this notice has already caused to the senior citizen trying to gather 8 to 12 year old records.

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