The guidelines issued by the Reserve Bank of India (RBI) are designed to protect the interests of both Recovery Agents and Borrowers. The main objective of these rules is to ensure that loan or credit card recovery is done in a humane, respectful, and legal manner. When a person is unable to pay their loan installment on time, the bank or NBFC appoints a Recovery Agent for recovery. But this does not mean that the Borrower should be intimidated or mentally harassed.
According to the RBI, the Recovery Agent can contact the Borrower only if he is officially appointed by the bank and has an identity card and an authorized letter. He cannot contact the Borrower before 7 am or after 7 pm. While talking to the Borrower, complete decorum has to be maintained in language and behavior. If a Recovery Agent abuses, threatens, or insults in front of family/neighbors, then it is a violation of RBI rules.
The borrower has the right to confirm the identity of the recovery agent, demand full details of his loan, and if he is facing any misbehavior, he can complain to the bank, the RBI Ombudsman, or the police. There are special security provisions for women borrowers, such as negotiations can be done only in the presence of a female agent or with her consent.
In today's time, as easy as it has become to take a loan, it has become equally difficult to repay it on time. Many times, a person's financial condition deteriorate,s and he is unable to repay the EMI or loan amount on time. In such a situation, banks and NBFCs (non-banking financial companies) take the help of recovery agents to recover their outstanding amount. But many times these recovery agents start intimidating, threateni, ng or misbehaving in the name of recovery, due to which the common man comes under mental stress.
In such a situation, it is very important to know that the Reserve Bank of India (RBI) in India has made some strict guidelines for Recovery Agents, so that the loan taker (Borrower) can protetheirhis rights and the method of recovery remains fair. If you or someone you know has taken a loan and is now troubled by the Recovery Agent, then this article is very important for you.
RBI issued guidelines for recovery agents for the first time in 2007, and it has been changed from time to time. The purpose of these rules is that the recovery process should be transparent, human, and legal. It is told at what time, in what language, and through what medium the Recovery Agent can contact the Borrower, what he can do, and what he cannot do.
In today's article, we will know in detail what rules RBI has made for Recovery Agents, ware the rights of Borrowers are, what you can do if an agent violates these rules, and how you can protect yourself legally.
Recovery Agents are persons or agencies appointed by banks or financial institutions (such as NBFCs) to recover outstanding loan or credit card amounts from customers who have not paid on time.
When a person or company takes a loan and does not pay their EMI or the full amount on time, the bank first sends a notice to them and reminds them to make the payment. If the money is not recovered even after this, the bank or NBFC appoints a third-party recovery Agency, which tries to recover the loan.
Let's know what the main guidelines of the RBI are:
1. Only authorized agents can do the recovery
Only those recovery agents can do recovery who have been authorized in writing by the bank or NBFC.
The agent must show their ID card and authorization letter when meeting the customer.
2. Respect for customer privacy
Recovery agents cannot share the customer's personal information with any third party.
Work that hurts the social reputation of the borrower, such as giving information to neighbors, is prohibited.
3. Limited time of contact
Recovery agents cannot contact the borrower before 7 am or after 7 pm.
Unnecessary calls or visits should not be made on holidays or special occasions.
4. Strict prohibition on intimidation
Agents cannot abuse, threaten, or coerce any borrower.
Physical or mental pressure is strictly prohibited.
5. Special provisions for women customers
There should be a provision offoremale agent to meet women customers, or the consent of the customer is necessary.
Recovery agents should exercise special sensitivity while talking to women customers.
Let us understand in simple language what rights are available to borrowers under these rules:
1. Right to be treated with respect
The borrower has the full right to be treated with respect by the recovery agent or bank employee.
It is a legal offense to threaten, intimidate, abuse, or use force.
If a recovery agent misbehaves, the borrower can complain about it.
2. Right to contact for a limited time
The time to contact the borrower is fixed from 7 am to 7 pm only.
Contact cannot be made without permission on holidays or festivals.
Mental harassment cannot be done by calling or messaging repeatedly.
3. Right to know identity
The borrower has the right to know whether the person who has come to recover the money is authorized by the bank or NBFC or not.
It is necessary to show your ID card and authorization letter to the recovery agent.
4. Right to obtain details and documents
The borrower has the right to ask for complete information and written details of their loan, outstanding amount, penalty charges, etc.
No recovery agent can exert verbal pressure; it is their responsibility to provide the documents.
5. Right to Privacy
The borrower's personal information (loan details, address, etc.) cannot be shared with any third person, such as a neighbor, relative, or office.
If the recovery agent does this, it will be considered a violation of the right to privacy.
It is a financial process in which a bank or financial institution allows the loan taker to settle the loan by paying a lesser amount than the entire outstanding loan amount. This facility is for individuals who are unable to repay their loans on time and have a history of continuous default.
Under a settlement, the bank can agree on a lump sum amount, which closes the loan. However, it is essential to note that settling the loan can negatively impact your CIBIL score, potentially making it more challenging for you to obtain a loan in the future. Therefore, it should be adopted only as a last option.
When a person is unable to pay the EMI of his loan on time and the outstanding amount accumulates over a long period, the bank or financial institution offers the option of loan settlement. In this, the bank allows the customer to pay a discounted amount instead of the entire outstanding amount, thereby settling the loan matter.
The process of settlement comprises discussions between the bank and the customer, wherein the bank assures that the customer can't pay the entire loan amount. Thereafter, the bank issues a single-payment offer, which is typically lower than the outstanding loan balance. On the payment of this settled amount by the customer, the bank marks the loan as "Settled". Yet, this is not good for the CIBIL score since it is not treated as a "Complete Payment".
Hence, loan settlement should be opted for as a matter of last resort, and if at all possible, loan repayment schemes, loan restructuring, or alternative financial solutions must be opted for so that the credit rating is not impacted.
The following documents are required:
Aadhar Card, PAN Card, Passport, or Driving License, etc.
Salary slips, income tax returns, bank statements, etc.
Loan Settlement letter, loan details, payment receipts, etc.
Investment documents, property documents, insurance policies, etc.
If you want to apply it online, then follow the easy steps given below:
Visit the bank's website or app.
Open the official website or mobile app of your loan provider or bank.
Sign up if you already have an account, then log in. Otherwise, create a new account.
Check the customer support section.
Go to the 'Customer Support' or 'Contact Us' section on the website or app.
Here, you can find the option related to "Loan Settlement", such as:
Filing a loan-related complaint.
Request form for loan settlement.
Fill out the request form for the settlement.
Select the "Loan Settlement Request" option.
Fill in the required details, such as:
Your name
Loan account number
Email ID and mobile number
Reason (why you want to settle, such as financial problems or reduction in income).
Upload the required documents.
Upload documents that show your current financial situation, such as:
Income certificate or salary slip
Bank statement
Any other proof that explains your problem?
Upload all the documents by scanning them in the correct format (PDF or JPEG).
Submit and wait for the bank's response.
Once you have submitted the form, the bank will verify your request.
The bank will most likely contact you within 7-10 working days. They will notify you of the settlement through email, call, or message.
Read the bank's offer.
The bank will make an offer to waive some portion of your pending amount. Carefully read it.
If you accept the offer, go ahead. Otherwise, bargain further.
Make payment
Pay the decided settlement amount from the bank in online payment mode.
The bank will provide a payment confirmation and close your loan account.
Although both Loan Settlement and Credit Card Loan Settlement aim to provide relief to the borrower, there are some important differences between them.
|
Points of Difference |
Loan Settlement |
Credit Card Loan Settlement |
|
Type |
Settlement of any type of loan (personal, home, car, education, etc.) |
Settlement of Credit Card dues only |
|
Settlement Process |
The bank fixes a lump sum amount, on payment of which the loan gets settled. |
The credit card company settles the amount at a fixed rate. |
|
Impact on CIBIL score |
CIBIL score may drop by 50-100 points, and it may become difficult to get a loan in the future |
There is a huge impact on the CIBIL score, and it may be difficult to get a new credit card. |
|
Possibility of getting a loan in the future |
You may face problems in getting a home loan, a car loan, or any other loan. |
Credit card companies may refuse to issue the card. |
Loan Settlement has a direct and negative impact on your CIBIL score. When a person takes a loan from a bank or NBFC and is unable to repay the entire amount due to some reason, the bank gives him a chance to make a settlement, which is called a Loan Settlement.
However, there is a huge difference between a Loan Settlement and a Loan Closure. If you close your loan by repaying its full amount, it is recorded as "Closed" in your credit report, which improves your CIBIL score. But if you have some amount of the loan waived off under an agreement with the bank, it is reported as "Settled", which can harm your credit score.
When a bank or NBFC reports to CIBIL that your loan is "settled", your score drops immediately. The amount of drop depends on how good your score was earlier.
Banks and financial institutions put customers who have settled their loans in the "high-risk" category. This means that in the future, if you try to take any type of loan (personal, home, car, or education), your application may be rejected.
If you have settled a loan, it may be difficult to get a credit card from any bank in the future. Banks look at your credit history, and if they see a "settled" status, they may refuse to give you a credit card.
Even if a bank decides to give you a loan, you may get the loan at a very high interest rate. This is because banks consider you a risky customer and charge a higher interest rate to protect their money.
Loan settlement information remains in your CIBIL report for at least 7 years. This means that even if you improve your financial behavior later, your settlement record will continue to be visible to banks and may affect your creditworthiness.
If you have settled the loan and now want to improve your CIBIL score, then you can take the steps given below:
Pay all loan and credit card bills in full on time.
If possible, try to change the "Settled" status to "Closed" by contacting the bank.
Use credit cards limitedly and make full payments on time.
Take a small loan and repay it regularly to build a new good credit history.
Check the CIBIL report regularly and request that CIBIL rectify any mistakes.
Here are some important points to consider that will help you choose the right Loan Settlement service:
Check the service provider's credentials.
Before hiring a settlement service, make sure that the service provider you are hiring is registered and certified with financial institutions and banks. Only a reliable service provider can provide you with the right guidance and support. Checking online reviews and customer feedback is a good way to do so.
Check the service charges and other expenses.
Many service providers also charge a service fee, but make sure that the charges are not high and there are no hidden costs. Negotiate with the service provider beforehand about which services are free and which you will have to pay extra for.
Customer support and communication
A good service provider will always stay in touch with the customer and resolve their problems properly. Make sure they answer your questions quickly and are ready to work with you in any difficult situation.
Join our service
If you are also trapped in the debt trap and are facing a financial crisis, and want to adopt the path of Loan Settlement, then you can apply for our Loan Settlement service. We will help you settle your loan. Along with this, we provide you relief from the burden of the loan within 6 - 8 months. If you want to get more information about our service, then you can contact us.
The time taken for the settlement process also depends on various factors, such as the policies of your bank or lender, the outstanding amount, and the communication between the two of you. Usually, this process can take from 1 to 3 months.
The first action in the process of settlement is to approach the bank, where you tell your problem and payment status to the bank. Then, the bank proposes a settlement offer according to your situation. In case you agree with that proposal, you need to pay the amount to the bank within the agreed time. The bank indicates the loan as settled, and this would take some time.
The longer this entire process continues, the more it can impact your CIBIL score, so it is preferable to resolve the issue sooner.
Let us understand the difference between them in simple language:
1. Definition
Loan Settlement: It is a mutual agreement between a bank and a borrower. In this, the bank accepts that the borrower cannot repay the entire loan, so it takes a fixed amount and forgives the remaining amount.
Bankruptcy: It is a legal process. When a person or organization is unable to repay its total liabilities, it applies for bankruptcy in the court, and the court decides how its assets will be distributed.
2. Process
Loan Settlement: It is an illegal process that takes place directly between the bank and the customer. No court is involved in this.
Bankruptcy: It is a judicial process in which the court and insolvency professionals are involved.
3. Debt Relief
Loan Settlement: After paying some part of the loan, the rest of the loan can be waived off, but the CIBIL report has a tag of “Settled”.
Bankruptcy: The court decides which loans will be waived off and which will not. This can get rid of the debt completely, but the property can be confiscated.
4. Effect on CIBIL score
Loan Settlement: CIBIL score has a serious negative impact. The tag of “Settled” can become an obstacle in getting a loan in the future.
Bankruptcy: CIBIL score falls completely, and it has a long-term impact.
5. Cost & Time
Loan Settlement: This process is completed quickly, and there are no legal expenses.
Bankruptcy: This can be a long and expensive process, which requires lawyers and professionals.
The answer to this depends on what your complaint is related to and what efforts you have made before.
If your complaint is related to any product or service, such as:
Defective electronic goods received
The hotel or travel agency did not fulfill the promise
An e-commerce website sent a wrong or damaged product
Negligence in medical service
Loss caused due to poor service of a telecom, internet, or gas agency
Then you can file a complaint in the Consumer Forum.
This forum operates under the Consumer Protection Act, 2019, and complaints are registered in it at three levels – district, state,e, and national.
How to file?
Offline: By visiting the office of the concerned forum
Online: By visiting https://edaakhil.nic.in/
Required documents: Bill, receipt, identity card, complaint letter, record of emissions, etc.
If your problem is related to a bank, insurance company, or NBFC (such as a loan-giving company, then first you have to complain to the grievance cell of that institution. If no solution is found or no response is received within 30 days, then you can go to the Ombudsman.
Examples:
The bank deducted the wrong charge.
The insurance company refused to give the claim.m
The NBFC declared the defaulter even after paying the EMI on time.
How to file?
RBI website: https://cms.rbi.org.in
For Insurance Ombudsman: https://www.cioins.co.i
The complaint is free, and decisions come within a few weeks.
It has the following advantages and disadvantages:
Advantages
Loan Settlement improves the financial condition of the borrower.
By doing a Loan Settlement, you can manage your income and costs better and avoid a financial crisis in the future.
The heavy burden of debt often causes mental stress. With Loan Settlement, the borrower gets relief from this stress, and he can find mental peace in his life.
Through Loan Settlement, the borrower gets a chance to get part of their debt waived off.
This helps to improve his financial condition and gives him relief from a heavy financial burden.
Although a Loan Settlement can affect the borrower's credit score, by following the agreement on time and properly, he can gradually improve his credit score.
Disadvantages
In the future, the borrower may have difficulty getting loans from these institutions.
Through Loan Settlement, the entire loan of the borrower is not waived off. He still has to pay some amount, which can affect his financial condition.
During a Loan Settlement, the agreement between the bank and the borrower has many conditions. The borrower is required to follow these conditions, which can limit their freedom.
After a Loan Settlement, the borrower's credit score may be affected.
Loan Settlements may create difficulties in taking new loans or obtaining credit cards in the future.
Due to a Loan Settlement, the borrower's relationship with the bank and other financial institutions may deteriorate.
Let us understand in simple words.
When a person or company is unable to repay the entire loan to the bank, the bank makes a settlement with them. In this:
Part of the principal amount or interest is waived.
The customer is given the option to pay a lump sum amount or in easy installments.
This solution is usually done by mutual consent between the bank and the customer.
Under the IBC Code 2016, when a defaulter is unable to repay the loan on time, the bank or lender can start the IBC process against him. In this:
There is a process of declaring a company or a person bankrupt.
A Resolution Professional is appointed.
A way is found to repay the loan by selling the company's assets.
The entire process is completed in a maximum of 270 days.
Now let's talk about the real connection:
a. Part of the resolution process:
When action is taken against a defaulter under IBC, the solution often comes in the form of a settlement plan. In this, the banks get a fixed amount, and the company gets relief from the remaining loan. This is a kind of loan settlement, but it is legally controlled and approved by the NCLT.
b. Means of pressure:
When a person or company does not repay the loan, the banks negotiate a settlement by threatening to initiate the IBC process. This forces the defaulter to negotiate and settle.
c. Safe path:
Loan settlement done through IBC is more transparent, judicial, a nd timely. This provides reliable recovery to the banks and legal relief to the defaulter.
Below, we will know in detail how this can be done.
1. First, contact the bank
When the loan is declared as NPA, the borrower should first contact their bank or financial institution directly.
Instead of getting scared, talk.
Tell the bank about your financial situation.
Tell them that you want to repay the loan but cannot make the full payment in the current situation.
2. Ask for an OTS (One-Time Settlement) proposal
Banks often bring the OTS scheme for NPA accounts, in which
Some amount is waived,
The remaining amount has to be paid in a lump sum or installments.
3. Take the settlement deal in writing (Settlement Letter/NOC)
If the bank accepts your settlement proposal, then:
Take a written settlement letter from them.
After completing the payment, do not forget to take the NOC (No Objection Certificate).
This will serve as proof for you in the future.
4. Understand the impact on CIBIL score
The settlement of an NPA loan affects your CIBIL score.
Your score may fall for some time.
But by paying other bills/credit cards/EMIs on time, you can improve the score again.
5. Avoid default again in the future
Do financial planning.
Take a loan only as per your need.
Pay installments on time.
Spend according to your budget.
In today's time, when the use of loans and credit cards is increasing continuously, many times borrowers are unable to pay on time due to deteriorating economic conditions. In such situations, the role of Recovery Agents comes to the fore, but this role should be followed completely within the scope of humanity, rules, and laws. The Reserve Bank of India (RBI) has issued strict guidelines for Recovery Agents to make this process transparent and safe. The purpose of these rules is that the recovery process can be completed without harassing the borrower mentally or socially.
RBI rules ensure how the Recovery Agent should talk to the Borrower, when to do it, and what things to keep in mind. Also, Borrowers aro given the right to complain about any wrongdoing happening to them and get appropriate action taken.
It is important for the Borrower to know that the purpose of the Recovery Agent is only to recover, not to humiliate or pressurize anyone. So, if any agent violates the rules, a complaint can be lodged with the bank, NBFC, RBI Ombudsman, or even the police.
Que: What is the difference between loan settlement and loan repayment?
Ans: Loan repayment means paying the fixed amount of the entire loan and interest on time. Loan settlement means that the bank waives some amount and closes the account with the remaining amount.
Que: Does loan settlement affect the CIBIL score?
Ans: Yes, Loan Settlement is shown as “Settled” in the CIBIL report, which may affect your creditworthiness in the future. This may reduce the score.
Que: What is the OTS (One Time Settlement) scheme?
Ans: OTS is a scheme in which the bank gives the borrower a chance to get rid of the loan by paying a fixed amount in a lump sum (or in fixed installments). In this, some interest or principal can be waived.
Que: What is NPA?
Ans: NPA means Non-Performing Asset, that is, a loan whose EMI or interest installments have not been paid for more than 90 days (3 months). Banks consider such loans as "bad loans" and declare them NPA.
Que: Can the loan be repaid even after being declared an NPA?
Ans: Yes, the loan can be repaid even after being declared an NPA. For this, you can contact the bank and arrange to pay through One-Time Settlement (OTS) or in installments.
Founded in 2015, Ahk Tips is a New Delhi-based financial advisor specializing in debt relief and loan management solutions.
