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Personal Loan

Understanding the Personal Loan Recovery Process

Summary: Facing loan recovery concerns? IDFC First Bank guides you through the process, offering support and flexible solutions to manage loan recovery.

16 Jun 2023 by Team FinFIRST

Personal loans are one of the most viable solutions for urgent fund requirements. However, repaying them timely must be your top priority to avoid any financial burden. Delaying on your repayments incurs fines and excess delay may force the bank to take necessary actions such as the loan recovery process.

In case a borrower does not pay the loan EMI on time, the bank sends a recovery agent to retrieve the remaining amount from the borrower. There are debt recovery guidelines in the banking laws for the speedy recovery of loans. Let us understand those measures in the article below. 

 


What is a personal loan recovery process?  
 

Instant personal loans are easy to acquire in minutes but repaying them on time should always be the top priority. However, borrowers sometimes find it hard to repay their EMIs causing banks to take necessary actions. Skipping one or two instalments usually results in the bank sending the borrower notifications of missed repayments. But for longer repayments delays, the banks may take judicial or non-judicial steps to recover their lent amounts. 

To avoid penalties on loan defaults or loan recovery, you can request your bank for a loan extension.

Usually, the situation of non-repayment arrives due to sudden financial emergencies to the borrower or if they choose a loan amount beyond their repayment capacity. It is always advisable to choose the most affordable deal after undergoing extensive research online. You can reach out to IDFC FIRST Bank for affordable personal loans of amounts up to ₹1 crore. You can also consolidate your previous loans to conveniently clear your debts. Moreover, you get easy and instant approvals through online applications and documentation.

RBI Guidelines for personal loan recovery
 

Banks may adopt various loan recovery processes depending on the reason for default. They can reclaim the amounts back through collaterals or by offering an extended moratorium. If both don’t work, they may send a recovery agent. Let us understand the process through different scenarios.

· Scenario 1
 

The borrower is a valued customer of the bank and has a good credit score. However, due to some sudden financial emergency such as a job loss, the borrower is unable to pay the instalments. Under such circumstances, the bank may take the following steps.

1. Extends his/her loan tenure to bring the EMI down so that the loan repayments are easier.  

2. Provide a moratorium where the borrower won’t have to begin EMI payments for a few months

Due to the adverse effect on credit scores in all the above situations, opting for an extended tenure is the best option for the borrower

Note: Above process depends on a bank-to-bank basis. Please check with the lender for any moratorium and loan extension facility

· Scenario 2
 

The borrower has a low credit score and has applied for a loan under unstable financial conditions. They usually receive high interest rates and shorter repayment tenures. The bank may also secure the loan through collateral.

If the borrower is unable to repay the loan, they may not receive an extended moratorium period.  The bank may also sell the collateral to retrieve the loan amounts. However, the borrower can claim the excess amounts after the sale of assets.

In case neither of these scenarios work, the bank sends a loan recovery agent who collects the remaining loan amount as per RBIs guidelines.

RBI’s guidelines for loan recovery agents
 

The Reserve Bank of India has elaborated some guidelines when it comes to loan recovery agents. Some important guidelines are mentioned below.

· The recovery agency's details must be communicated to borrowers.

· When visiting the defaulter, the agent must also bring a copy of the bank's notice and the authorisation letter.

· Banks are not permitted to refer a case to a recovery agency if a borrower has filed a complaint until the complaint has been resolved or dismissed.

· The bank must also make sure that complaints from borrowers about the recovery procedure are handled properly.

· When working with loan recovery agents, banks must have a structure set up that ensures their due diligence, and that they are accountable for any complaints filed against them.

In case you are in a situation where you cannot repay your loan instalments, you must approach the bank and ask for a moratorium. You can also request a settlement if you are not in a position to clear the loan repayments soon. However, if you are repaying high-interest loans, consider a debit consolidation (balance transfer) on your existing loan as offered by the IDFC FIRST Bank to conveniently repay your loan amounts. Do note that this would considerably affect your credit score, which is why it is advisable to opt for a lender that offers favourable loan terms so that you can repay the loan without any delays.

Note: Please reach out to your respective lender on moratorium or settlement process. The lender may or may not offer it depending on case-to-case basis

The Consequences of Non-repayment of EMI or Personal Loan are severe which could be as below

· Higher Debt Burden – You might have to pay the full amount with all the penalty charges in lesser Tenure, thereby increasing the liabilities

· Credit Score Damage – Lenders have to report to the authorities regarding the payment/non-payment of EMIs/loans, this might have a negative impact on your credit score

· Difficulty in taking a new loan – Because of the above mentioned reason, lenders might think twice or not lend you back

· Legal Actions 

Frequently Asked Questions

Are there loan recovery strategies that every lender needs to be aware of?

Yes, lenders should be aware of effective loan recovery strategies, including:

  1. Early intervention: Contact borrowers at the first sign of missed payments to discuss repayment options.
  2. Flexible repayment plans: Offer modified payment plans or loan restructuring to ease the borrower's financial burden.
  3. Legal action: Pursue legal action as a last resort to recover the outstanding amount.
  4. Professional recovery agencies: Employ professional loan recovery agencies for efficient recovery processes.

What should you do if you are bothered by a loan recovery agent?

If you are bothered by a loan recovery agent:

  1. Know your rights: Familiarise yourself with your rights regarding debt recovery practices.
  2. Request written communication: Ask for all communication to be in writing to maintain records.
  3. File a complaint: If harassment continues, file a complaint with the lender or the relevant regulatory authority.
  4. Seek legal advice: Consult a legal advisor to understand your options and rights.

Can the bank seize your assets if you default on a secured loan?

Yes, if you default on a secured loan, the bank has the right to seize the assets pledged as collateral. This process, known as repossession, allows the lender to recover the outstanding loan amount. The seized assets are typically sold, and the proceeds are used to repay the loan. If the sale does not cover the full loan amount, you may still be liable for the remaining balance.

Disclaimer

The contents of this article/infographic/picture/video are meant solely for information purposes. The contents are generic in nature and for informational purposes only. It is not a substitute for specific advice in your own circumstances. The information is subject to updation, completion, revision, verification and amendment and the same may change materially. The information is not intended for distribution or use by any person in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject IDFC FIRST Bank or its affiliates to any licensing or registration requirements. IDFC FIRST Bank shall not be responsible for any direct/indirect loss or liability incurred by the reader for taking any financial decisions based on the contents and information mentioned. Please consult your financial advisor before making any financial decision.

The features, benefits and offers mentioned in the article are applicable as on the day of publication of this blog and is subject to change without notice. The contents herein are also subject to other product specific terms and conditions and any third party terms and conditions, as applicable. Please refer our website www.idfcfirstbank.com for latest updates.