• Pending car loan

I got an advocate notice from the bank stating that as my 3 car loan emi are pending...I am supposed to pay the total amount pending and should close the loan otherwise they may repossess my car. What should I do now. I am not able to do the whole payment.
Asked 5 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Hello,

Tender a reply to the legal notice and talk to the bank and request them the re schedule your payment mode. If they agree to the request then only things can turn out to be positive for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Talk to the bank and pay the pending emi and reschedule your loan.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further yes bank can turn loan account NPA , and file a suit against you for recovery of loan along with interest and expenditure.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Pay one instalment of car loan

2) seek time to make balance payment within next 3 months

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Bank can sue you for non payment of personal loan

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

One have to pay pending car loan EMI and get settlement done with bank for paying nominal amount and rest will be paid in future installment either you can top-up loan or take personal loan from another bank and repay to this bank.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

1. If you are not able to pay the entire amount in one shot then contact the branch manager and seek restructuring of the loan in tune with your affordability.

2. The bank does not need to file a suit against you. It can take the possession of the vehicle.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes it is a possibility as you have the outstanding EMI the bank may start reposition activity to get back the car it will be good for you to pay the EMI remaining and avoid this kind of reposition of the vehicle

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

if the payments are not made as said in your agreement it is deemed as default. The obvious fallout of this is the lender/bank might repossess your car. Depending on your loan agreement, the lender/bank will send you a written notice of default asking you to make the remaining balance on your car loan or face repossession. If the notice is not honored within the time mentioned in it, your car will be repossessed.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you are at fault.

Secondly, yes, the notice only talks about the remaining pending 3 emi apart from the whole amount pending right now, if you clear the same then they may not take any action against you.

Thirdly, if you do not pay these immediately then they may file a suit for recovery against you POA would seize your car also.

Fourthly, I advice you to please pay the three then they would continue with the remaining ones in accordance of the terms of agreement.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Make a part payment.

Send a reply to this legal notice assuring the bank of repayment of loan. Mention that you will be able to make a part [payment for now and seek time for clearance of entire loan.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

One have to pay pending car loan EMI and get settlement done with bank for paying nominal amount and rest will be paid in future installment either you can top-up loan or take personal loan from another bank and repay to this bank.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Dear Sir,

You have to go and submit a representation in this matter in Bank.

Prepare a suitable letter and meet the branch manager in person and handover the letter

Commercial banks (public sector banks) accept the letter; however, you should be prompt in payment at the scheduled date as mentioned in your letter

Some private sector banks are found to be rude and instead of helping the borrowers, they used to harass the borrowers without knowing the difficulties experienced by the borrowers

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

yes, the bank can.

In the terms of the loan agreement it must be written that the matter will be referred to arbitration and as such an arbitrator will be appointed in your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Start immediately paying EMI.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You have to give a reply to the notice denying the allegations and buying time for repayment.

They cannot take possession of car but they will file a money recovery suit and it may run for at least two years, by which you can arrange for the funds and repay the loan in full.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Can a bank can file a suit against me for not paying a personal loan for past 6 months.

Yes, they can take suitable action for recovery of loan amount as per law.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer