Bank Loan matter under Arbitration
l had taken a personal loan in 2008 and paid its installment nearly one year and later l failed to pay due to my financial /business losses .
My lender bank sold / transferred their entire loan/credit card due amount which they are suppose to collect from borrowers, in 2011 to another private bank who took recovery step and finally they took arbitration procedures against me. Now it is last stage of arbitration procedures.
l am not happy the way the arbitrator handles the matter as l have informed him in writing the following issues but he seems to be very partial to this private bank.
My issues ,
1) The lender bank had promised me their loan at the rate 16.5% at the time their agent /broker collected my application form whereas l was surprised to see that they have written 21.5% on my loan application form which l did not fill up but l had given them only few signatures on their application form as demanded by that agent. The entire application form was filled by lender's agent or broker.l trusted that agent blindly as l was very badly need of money.
2) While collecting loan application form and my 10 blank cheques, this agent had promised to send me the copy this loan application immediately after approval of loan along with the lender bank's loan term and conditions booklet whereas l received nothing from the lender bank expect their loan amount.
l got all these documents from the new private bank who initiated arbitration procedures against me.
l did not engage any advocate for this matter as l can not afford it .l always appear myself and submitted replies and affidavits my own with my limited knowledge
l disputed their claim and informed the arbitrator about all the following issues.
a) Interest issue
b) Lender's Terms & Condition book let
c) Loan Application matter which l only signed and not filled up by me.
d) Transfer of liabilities from Original lender to present banking institution
without any official intimation to me.
The claimant does not agree and they denied my all my disputes and says that they have proof against my claim. So l asked them to furnish the proof. but they did not show anything till now. They have produced a general terms and conditions notarized documents where there is not a single word about my lender bank's name.
l am sure that my arbitrator will pass the award favorably to them without considering my issues.
l humbly seek your advice about my next step when it happens. Can l able to approach any court to stay his order? If so , which court will hear my issue? If l file a case against this order and arbitrator, l have to deposit any amount in the court? The claimant has approached the arbitrator with their claim of Rs. 687000 till June 2013 ( My loan amount due is Rs. 316000 as on 2013)
Kindly advise and help me with your valuable suggestions.