• Personal loan default

My husband had taken personal loan in 2007 which I am unaware. He has brain stroke in 2014 and is independent on others for his basic activities. 
Yesterday a bank official visited home and enquired about his default, only then I knew about it. So many years nobody contacted me and I am completely unaware. I assured to closing the loan and wanted to meet the recovery manager today. To my shock, they have recovered the entire amount in my a.c. without my consent. It was my salary to run my family, SCHOOL fees and medical expenses of my husband. It is a cruel act of not giving me time and concession basis my current situations, even when i was co operative.

Please advice
Asked 4 years ago in Civil Law

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15 Answers

This is my response to you:

1. Without proper written intimation they cannot recover the money from you;

2. Only after sending you intimation and if you fail to reply within a specific time period then only they can take your money in the manner they have done now;

3. If you had asked for some time then, they have no right to recover so abruptly;

4. You must send a legal notice to them;

5. If they still don't respond then you should file a suit for recovery.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

If your husband had given ecs clearance to the bank then the bank could withdraw the amount periodically. If not then the bank committed an illegal act by doing so.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Sue the bank to recover money debuted from your account

2) no Loan had been taken by you

3) you are not guarantor of loan

4) claim of bank is barred by limitation

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Issue legal notice to bank to refund money debited from your account

If bank fails to repay sue the bank to recover the money with interest

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Mam if you are not guarantor neither you have given any authorisation the bank cannot recover from you it is illegal serve the bank with a notice at immediate effect also complaint with the banking ombudsman if the bank fails a suit for recovery has to be filed against the illegal act of bank.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further you have to see from what time loan is pending as it looks like that the claim of bank is barred by limitation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are not liable to repay your husband's loan.

The act of recovering the money from your account is illegal.

You can lodge a criminal complaint against the bank manager for usurping your money fraudulently.

You can file a civil suit for recovery or file a complaint against the bank manager a complaint with the district consumer forum.

If the loan is barred by limitation then the bank have no rights to recover the amount from the invalid loan.

You can approach the banking ombudsman also for redressing your grievances.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

How should I retrieve my salary back? Which is the only source to run my family

You can inform your employer about this illegal act of the bank and should immediately open an account in a different bank and instruct your employer to not to send your salary to that particular bank in future but to tremit the same to the new bank account.

This illegal recovery can be dealt with by lodging a criminal complaint with the local police for cheating and misappropriation of your amount from` your bank account.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Hello,

File a case against the bank before the banking ombudsman. The amount can not be recovered by them without your consent in this manner.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Does the said account stand in the joint names of yours and your husband?

2. if yes, then the lending Bank is within its rights to recover the outstanding amount from the savings account standing in the joint name with him.

3. It must be the saving account where your salary is credited.

4. If the said account does not stand jointly with your husband, you can claim the said amount from the Bank by writing a letter under copy to its higher officials (GM, C & MD etc) and thereafter lodge a complaint before the Ombudsman of the said Bank.

5. If you do not get back your amount, you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the said amount with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If the said account in in your name only then claim it back by writing to the Bank and its Ombudsman as suggested in my earlier post.

2. As suggested in my last post, you can also file the Consumer Case accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Firslty, Mam, it is very painful to hear this just for the reasons of bank being so cruel to Pooran but not for the Modi’s and Malaya’s running out of the country.

Secondly, there must be clause of rapaymne tin case of death or permanent disability of the debtor.

Thirdly, if it is there then they have to be complied by it.

Fourhtly, if not then also they can’t straight away start taking it from your account without your consent in writing.

Fifthly, and you please the last amount drawn from your husband as you may be safe by the limitation period where you won’t have to pay anything to them if limitation period for recovery has elapsed.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You should file FIR, they cannot hack your account for a loan taken by husband. You are not at all responsible for his debt.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is not clear if you have guaranteed your husband's personal loan, and if you have authorized the bank to recover the loan from your salary account. If you have done so, you have no recourse against the bank. Please go through the loan documents to ascertain the factual position.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

1. The action of bank is totally illegal for which the bank authorities are liable under criminal and civil law. You are not liable to repay the debts of your husband unless you stood as a guarantor.

2. Immediately file a FIR under Section 406 and 420 IPC for the offences of criminal intimidation and cheating.

3. Also file a suit for recovery of money in the civil court to recover the amount with interest, damages and legal cost.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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