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zxcvzxcv   01 June 2016

Time barred loan

Dear sir, I have taken a personal loan of 5 lakh in 2007, paid an amount by emi till 2008 dec.. not paid till date due to personal issues, now they have found me and harresing me.. is the loan not time barred..



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 11 Replies

saravanan s (legal advisor)     01 June 2016

Whatever it is its your duty to repay the loan.

Kumar Doab (FIN)     01 June 2016

It may be hopelessly time barred, however yo have borrowed and you should pay.

zxcvzxcv   01 June 2016

I agree but . they are asking for 4 lakhs, they have brought gondas, they said they will file a criminal case and arrest me. Is this possible

 

zxcvzxcv   01 June 2016

I agree but . they are asking for 4 lakhs, they have brought gondas, they said they will file a criminal case and arrest me. Is this possible

 

Kumar Doab (FIN)     01 June 2016

It is civil liability.

The debt has probbaly been sold to Recovery agencies/ARC and as usual they are reckless, rowdy.

Record all transactions (audio/visual/witnessed/minuted).

Lodge criminal/police compalint, against these goondas, owner of agency, local BM and MD of the bank.

 

 

 

 

Kumar Doab (FIN)     01 June 2016

 

There are many thread on similar queries e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp

 

Kumar Doab (FIN)     01 June 2016

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=harassment+by+ICICI+bank+recovery+agents&B1=GO

zxcvzxcv   01 June 2016

Sir, But can they file a civil suit as my cheques are outdated and its time barred 

Kumar Doab (FIN)     01 June 2016

Did they ever present the cheques?

Do you have any document with date showing collection of chques?

Are the cheques dated and filled?

Did the agent confirm that bank has handed over the cheques to agency?

Did the agent show his ID card and authority letter from bank?

Did bank ever write to you about agency?

Engage an able counsel 

zxcvzxcv   03 June 2016

Sirs, further with regards to the same I belive that all cheques issued before 2010 is invalid..as after 2010 new cheques have come, i am not sure but i belive it was again extended to 2013,  but can there be a civil suit, as its time barred.. they are asking for unreasonanle amounts ..I have agreed to pay the principal balance although I have paid out 2,85,000/- plus I had given a cash amount of 100,000/- in 2008,

Kumar Doab (FIN)     03 June 2016

The thread that has been mentioned and your able counsel that you may engage can guide you further.

Let a very able counsel settle everything and protect your long term interest.

Any latest payment and admission of debt by you shall reset the clock of limitation.


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