• Personal loan default

I am Amit Sharma. I took a personal loan online without any documents. Neither i gave any document not signed anywhere. Now due to family problem, I am not able to pay such amount. Please help me to know if bank can take any action against me or not. My maid Id is [deleted]
Asked 5 years ago in Civil Law

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28 Answers

1.  Online application from loan even without physical signature of any document is a valid agreement and hence once you have taken the loan you are obliagted to repay the same.

2. If you have problem to repay the loan at this stage you can apply for partial waiver of loan amount after mutual negotiation and agreement.

3. if this does not succeed then bank surely file both civil and criminal case to recover its dues and hence remain prepared for this. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Yes, bank can send at your home or office or at business place a credit recovery team to collect the credit card amount.

 

Due to this your CIBIL records will get affected.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Client,

Bank will sue for the recovery of the amount. Be careful.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

There must be some terms and conditions to which you must have agreed 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Usually arbitration clause is invoked and arbitral award is passed by the arbitrator 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Thereafter they will file execution case for getting the same executed

regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The bank can file a recovery suit to recover the loan amount. The bank shall issue you notice if on notice you don't pay then a recovery suit can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Recovery suit file kar skta hai.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The amount is disbursed in account based on such disbursal and you also agreed to there terms and conditions.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir,

Bank is a fool. They must have something with the help of which they can recover loan.

You may have not read the loan agreement carefully.

 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Funds have been transferred to your account 

 

if you failto repay loan lender can sue you to recover loan amount with interest 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

Dear Sir,

Issuing credit card itself contains terms and conditions about the payment of loan and recovery thereof.  They can file civil suit for recovery of said amount with interest.  Before that they simply start harassing you mentally by issuing legal notices calling upon your mobiles by recovery agents etc.,

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Bank case file Karega to recover credit card dues 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

Your application made for loan , transfer of funds in to your account would help bank make out a case 

Ajay Sethi
Advocate, Mumbai
94709 Answers
7529 Consultations

5.0 on 5.0

As per IT act any transaction through an electronic media is valid. Further loan money might had been transferred to your account. Now upon claim by bank you will required to establish that you have received the money from bank for some value consideration or it is a part of payment transtion with some other party.

All these may drag you into very complicated situation and may be very difficult to get out of this as law does not support such an immoral activity.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

the loan amount must have been credited into your account, and this is sufficient to prove that you had took the loan, and bank surely can file a case to recover the same from you, therefore, you are advised to make arrangement for repayment of the loan instead thinking otherwise.

if you have some genuine family/other problems,

then let the bank file the case,

contest it, in the meantime make arrangement for repayment of the loan,

and,

then settle it

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Your request is there so don't think that bank can't take any action against you so better is have dialogue with the manager of the branch who have passed the loan for extra time for which the manager is authorize.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

While taking credit card you have signed one form and using card, fees will be charged against each uses etc. On that basis they can charge it.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

First of all they will try to recover the amount through their recovery agents and after that they will sell out the loan to the recovery agency and the recovery agents will follow you to get the amount Bank can take legal action against you as well to recover the amount from your property by putting a case in Dept recovery Tribunal

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Even oral agreement is valid and in breach thereof a party can file a case. So signing of a document alone is no criteria for a valid agreement.

So talk to them and repay the money . Else they can file the suit. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

A personal loan is called as an unsecured loan which is a loan without any tangible security. In my opinion, following actions can be done by the Bank on defaulters. 

Any account become NPA after a lapse of 90 days I.e. if your account remains in continuous overdue for 90 days then only Bank has the right to initiate any legal action against you.

If you always keep an overdue equivalent to 2 months installment in your account, Bank will just remind you by calling you and writing you to pay your EMI on time and then if you pay one month installment then they will not be able to do anything , they will again start calling you or your employer at the most, as check off facility got signed from employer in most of the cases i.e. your employer gives undertaking to deduct your loan installment and credit to your loan account directly (in some cases) or Bank can directly debit your salary account for overdue installment, if you maintain your salary account in the same bank.

Apart from all above, assuming that you have left your job Or you do not maintain your savings Bank account with the Bank and you have defaulted for 90 days then Bank can initiate legal action against you.

Bank also appoints recovery agent.
Bank can use the Post dated cheques you have submitted and return of cheques due to insufficient balance is a criminal offense under Negotiable instruments act.

At the max, you will be summoned a legal notice and thereafter you will be liable to face court proceedings.

Bank also approaches for settlement of loan as well , in which you can compromise your loan account on mutually agreed terms but it will affect your CIBIL score a lot and your future credit worthiness will get affected.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Bank will send you notice. As it is unsecured loan only credit will be affected. They can file a suit for recovery but rarely they do that.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

1. The maximum which bank can do is file a suit for recovery of money against you. You can contest it when you receive summons from the court.

2. Bank can file the suit for recovery of money even if nothing was pledged.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Against credit card loan recovery, bank can proceed to grant recovery rights to third party agencies. And Bank can opt for all available options under law. That you will be in more trouble once such start.

I suggest sell or dispose off so of your assets and clear your outstanding s with the bank.

Online on Banks website there  would be agreement of terms and conditions , which forms the loan contract, that it seems you didn't read or forgot, 

Online contracts are valid under law. U have given Consent when clicking to i agree and proceed ahead. You seem to forgot. Online will not be an excuse for you not to repay your loan.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

Yes bank can  certainly take legal steps to recover the loan.

They may issue a legal  demand notice first and then they may file a money recovery suit through a court of law.

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

Bank can take steps to recover the loan by filing a money recovery suit , they will send a report to CIBIL by which you will not be able to get loan from any other institutions.

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

If they can lend the loan, they also know how to recover, hence you await their legal demand notice .

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

  1. As per the information mentioned in the presne query, makes it clear that you took the loan online, but didn’t sign any documents.
  2. Sir, let me tell you that though you did not sign any documents, but still there is a scenario over online portals that when you put up your details there and received any amount in your account then it makes you liable for giving it back to them.
  3. As you said that you have some financial problems then you should request them to wait sometime, or otherwise if they file any suit for recovery of money then try to go for the mediation and get it sorted out in instalments.
  4. As per law you are liable to pay back, Rest is in you to avoid any future problem and get it sorted out.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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