Personal loan default
Hi Team, thanks in advance for your prospective answers. I have taken personal loan for house repairs from a bank. This bank was not able to arrange ECS Mandate i.e. direct debit to my another bank's account where my salary is credited. For first 5 to 6 months I paid my EMI in cash. Further, the bank where I took loan & where my salary account was, got merged. So it's same bank with loan & salary account. Then too my ECS Mandate was a issue. I continued paying my EMI in cash for a few months & bank debited my salary account with additional penalty charges for there mistake of not setting ECS Mandate. This was informed verbally when I had visited loan department of bank. Further EMI amount was debited to my salary account with late payment charges without any prior information & To date ECS Mandate is an issue. In spite of communication with bank verbally to find a way, they have done nothing. Now, I was unable to pay EMI of my personal loan since last 6 months. Recovery agents ran too & fro to my house. I kept on requesting to ask them waive off late payment charges & I would pay Pending EMI in near future.I did get one pending statement via recovery agent couple of months ago. Now my account must have been an NPA in bank books as 8 to 9 months have passed by since I am a defaulter. bank is not in a mood to communicate as, they have not approached me nor sent me recovery agents or legal notice for non payment of personal loan.Instead they have put a lien on my salary account. Mental torture is another thing I am suffering these days. Till date bank has not sent my any documents to put Leon on my salary account for personal loan although both things are separate. What will be next step if I get sued by bank for pending EMI's, can I appeal against bank for not taking my permission while charging penalties or lien on my salary account, can I shift my salary account to another bank to avoid harassment of bank & meanwhile can I settle my personal loan account stating wilful defaulter (I know my credit ratings will be spoiled by bank yet its better than legal process to gain peace of mind). Can I submit my story in court in case if I am summoned & get my penalties recovered by bank, can I complain to bank ombudsman to appeal for harassment & mental agony given by bank. What would be penalty by court if I loose civil case against bank. Any case similar to mine has gone against bank ? All suggestions are welcome & thanks again in advance.