kishore (secretary) 13 September 2012

Legal opinion unsecured loan

Dear Sir,

I have taken a unsecured personal loan from HDFC Bank when I was in job. But recently, I have resigned my job due to some problems. Since then, I was unable to pay the monthly EMIs of the personal loan. The Bank has sent me a legal notice which I have rejected to take. In this case, I seek your valuable legal opinion.
At the time of loan process, I have given post dated checks against EMIs of personal loan.

In what way I can defend in this case legally and also like to know, what sort of possible actions(criminal and civil) can the bank take on me legally. I would be grateful to you if you help me in this matter.

kind regards,
Kishore

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2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 13 September 2012

As you have said that the bank is having post dated cheques. then in that case they shall be presenting the cheque in the bank for its honour. incase the cheque gets dishonoured you shall be liable under sec. 138 of Negotibale instrument Act for which you shall be prosecuted.

Further bank may also initiate civil proceedings against you for recovery of dues.

They may also approach CIBIL a rating agency which manages the credit rating of the individual. Incase the bank reports negative against you, then in future you shall be finding it difficult to obtain loan from banks and financial institutions. also no bank would like to issue credit card to you.

Since, the Bank had sent you the legal notice which was returned by you is also not good on your part as it would show your wrong attitude towards the bank

you may visit the branch and expalin them your problem and ask them for some solution. you need to try to maintain good relation with the bank.

Regards,

Advocate Rohit Dalmia

09324538481

Mumbai