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Ramalingam

Ramalingam Kalirajan  |4803 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 18, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Asked by Anonymous - Jun 17, 2024Hindi
Money

I took loan and gave my friend rs.3 lacs. He didn't pay me back till now. Now, the loan came for settlement and I am clearing it month on month after speaking with the collection team. Current situation I am not able apply for any loan and even not able to purchase a mobile for myself in EMI. How should I get my cibil scores corrected and get eligible for loans Also, I came to know he purposely not giving my money back. How to recover my hard earned money from him legally. Is this possible

Ans: Managing a financial setback can be daunting, especially when it involves unpaid loans and damaged credit scores. You are not alone in facing such challenges. With careful planning and appropriate actions, you can recover your money, rebuild your credit score, and regain financial stability.

Understanding Your Current Situation
You lent Rs 3 lakhs to a friend who has not repaid the amount. The loan you took to lend him the money is now under settlement. This situation has impacted your ability to apply for new loans or even purchase items on EMI. Let’s break down the steps to address this.

Steps to Recover Your Money Legally
1. Initiate a Formal Request for Repayment
Start by formally requesting your friend to repay the loan. Send a written communication (email or letter) detailing the loan amount, the repayment terms initially agreed upon, and the current outstanding amount.

Document Everything: Keep records of all communications. This will be useful if you need to take legal action later.
2. Send a Legal Notice
If informal requests don’t work, consult a lawyer to draft and send a legal notice to your friend. The notice should state:

The loan amount and the date it was given.
The repayment terms and the breach of agreement.
A demand for repayment within a specified time frame (usually 15-30 days).
3. File a Civil Suit
If your friend fails to respond to the legal notice, you can file a civil suit for recovery of money in a court. Here’s the process:

Consult a Lawyer: Engage a lawyer who specializes in such cases.
File a Case: The lawyer will file a case in the appropriate court.
Court Proceedings: Attend the court hearings. The court will examine the evidence and give a judgment.
4. Explore Alternative Dispute Resolution
Consider mediation or arbitration as alternative ways to resolve the dispute. These methods can be quicker and less formal than court proceedings.

5. Consider a Criminal Case
If you have evidence that your friend never intended to repay the money, you might have grounds for a criminal case. This could be under charges of cheating or fraud. Consult with your lawyer for the best course of action.

Rebuilding Your CIBIL Score
A good credit score is essential for future financial needs. Here’s how you can improve it:

1. Continue Making Payments
Ensure you continue to make timely payments on your existing loans and bills. Consistent payment history significantly impacts your credit score.

Automate Payments: Set up automatic payments to avoid missed deadlines.
Track Due Dates: Maintain a calendar of all payment due dates.
2. Reduce Outstanding Debt
Focus on paying down your debts. High outstanding debt relative to your credit limit can lower your score.

Debt Avalanche Method: Pay off high-interest debts first.
Debt Snowball Method: Pay off smaller debts first to build momentum.
3. Avoid New Debt
Limit taking on new debt until your current situation improves. Each new loan application can impact your credit score negatively.

Use Credit Sparingly: Keep credit card balances low and avoid unnecessary loans.
4. Check Your Credit Report
Regularly check your CIBIL report for errors or discrepancies. If you find any inaccuracies, report them to CIBIL for correction.

Request Reports: Obtain your credit report annually for free from the official CIBIL website.
Dispute Errors: Use the CIBIL dispute resolution process to correct any mistakes.
5. Maintain a Healthy Credit Mix
Having a mix of secured and unsecured loans can positively impact your credit score. However, manage these wisely to avoid over-leverage.

Practical Financial Management Tips
Effective financial management is crucial during this period. Here’s how you can manage your finances better:

1. Create a Budget
Develop a monthly budget to track your income and expenses. This will help you manage your money more effectively.

Categorize Expenses: Break down expenses into fixed and variable categories.
Set Limits: Allocate specific amounts for each category and stick to them.
2. Build an Emergency Fund
Set aside a portion of your income to build an emergency fund. This fund will be a financial cushion in case of unexpected expenses.

Start Small: Even small contributions can grow over time.
Use High-Interest Accounts: Park your emergency fund in high-interest savings accounts or liquid mutual funds.
3. Cut Unnecessary Expenses
Identify and eliminate non-essential expenses. Redirect these funds towards debt repayment and savings.

Review Subscriptions: Cancel unused subscriptions and memberships.
Smart Shopping: Look for discounts and deals when shopping.
4. Increase Income
Explore ways to increase your income. This could be through side gigs, freelance work, or part-time jobs.

Leverage Skills: Use your skills to earn extra money, such as tutoring, consulting, or freelance writing.
Invest in Learning: Enhance your skills to open up new income opportunities.
Understanding Legal Frameworks for Money Recovery
1. The Indian Contract Act, 1872
This act governs the enforcement of contracts in India. If your loan agreement with your friend was formalized (even orally), it can be enforced under this act.

2. Negotiable Instruments Act, 1881
If your friend gave you a cheque that bounced, you can take legal action under this act.

3. Small Claims Court
For amounts less than Rs 20 lakhs, small claims court can be a faster and less expensive option for money recovery.

Steps for Filing a Case in Small Claims Court
1. Preparation
Prepare all necessary documentation, including the loan agreement, communication records, and any evidence of repayment demands.

2. Filing the Complaint
Submit a complaint to the small claims court. The complaint should detail the amount owed and the circumstances of the loan.

3. Court Proceedings
Attend court hearings and present your case. The court will examine the evidence and issue a judgment.

Protecting Yourself Financially in the Future
1. Formalize Loans
If you lend money in the future, ensure all agreements are formalized in writing. Include clear terms and conditions.

Legal Agreements: Draft formal loan agreements with clear repayment terms.
Witnesses: Have witnesses sign the agreement if possible.
2. Limit Personal Loans
Avoid lending large sums of money to friends or family without proper security.

Evaluate Risk: Assess the risk before lending money.
Seek Collateral: Consider asking for collateral for significant loans.
3. Financial Literacy
Enhance your financial literacy to make informed decisions.

Courses and Workshops: Attend financial literacy courses and workshops.
Reading: Read books and articles on personal finance and investment.
Final Insights
You are in a challenging situation, but with the right steps, you can recover your money and rebuild your credit score. Here’s a summary:

Recovering Money:

Send formal repayment requests.
Issue a legal notice.
File a civil suit if necessary.
Improving Credit Score:

Continue making timely payments.
Reduce outstanding debt.
Avoid new debt and check your credit report regularly.
Financial Management:

Create a budget.
Build an emergency fund.
Cut unnecessary expenses.
Explore ways to increase income.
Legal Frameworks:

Utilize the Indian Contract Act, Negotiable Instruments Act, and Small Claims Court.
Future Precautions:

Formalize loans.
Limit personal loans.
Enhance financial literacy.
Implement these strategies diligently to regain financial stability and secure a better financial future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |4803 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 10, 2024

Asked by Anonymous - Jun 17, 2024Hindi
Money
I took loan and gave him rs.3 lacs. He didn't pay me back. Now, the loan came for settlement and I am clearing it month on month after speaking with the collection team. Current situation I am not able apply for any loan and even not able to purchase a mobile for myself in EMI. How should I get my cibil scores corrected and get eligible for loans
Ans: I'm sorry to hear about your situation. Let's look at how you can improve your CIBIL score and become eligible for loans again.

Understanding Your Current Situation
You’ve done a commendable job by managing the loan repayments diligently. Your awareness of your financial standing is the first step towards improvement.

Loan Given: Rs 3 lakhs
Repayment Issue: Affecting CIBIL score
Current Loan: Settling month on month
Financial Impact: Not eligible for new loans or EMIs
Analyzing the Impact on Your CIBIL Score
Your CIBIL score reflects your creditworthiness. Missed or delayed payments can negatively impact it. Let's assess the key areas affecting your score:

Loan Default
Defaulting on a loan severely impacts your CIBIL score. Lenders view this as a high-risk behavior.

Repayment History
Timely repayments are crucial for a healthy CIBIL score. Even one missed payment can lower your score significantly.

Credit Utilization
High credit utilization ratio can lower your score. It indicates that you are overly reliant on credit.

Steps to Improve Your CIBIL Score
Improving your CIBIL score requires a strategic approach and disciplined financial behavior. Here’s a detailed plan:

Regularize Loan Repayments
Continue clearing the outstanding loan amount. Speak with your lender to negotiate better repayment terms if needed.

Clear Outstanding Debts
If you have other outstanding debts, prioritize clearing them. Reducing your debt burden improves your credit score.

Timely Payments
Ensure timely payment of all EMIs and credit card bills. Set up reminders or automate payments to avoid missed deadlines.

Strategies to Rebuild Your Credit Score
Rebuilding your credit score will take time and consistent effort. Here’s how you can go about it:

Obtain Your CIBIL Report
Get a copy of your CIBIL report to understand your current score and the factors affecting it. Look for any discrepancies and get them corrected.

Avoid New Credit Applications
Refrain from applying for new credit cards or loans while rebuilding your score. Multiple inquiries can further lower your score.

Maintain Low Credit Utilization
Keep your credit card utilization below 30% of the limit. High utilization signals financial distress.

Use a Secured Credit Card
Consider using a secured credit card. It’s backed by a fixed deposit and helps rebuild credit without the risk of overspending.

Benefits of Timely Loan Repayments
Timely loan repayments have multiple benefits beyond improving your CIBIL score. Let’s explore:

Improved Creditworthiness
Consistent repayments show financial responsibility, making you a desirable candidate for future loans.

Access to Better Loan Terms
A good CIBIL score can help you secure loans at better interest rates and terms.

Importance of Credit Mix
A healthy credit mix includes both secured and unsecured loans. This diversification can positively impact your CIBIL score.

Secured Loans
Loans backed by collateral like home or auto loans. They are seen as less risky by lenders.

Unsecured Loans
Loans without collateral like personal loans and credit cards. They carry higher interest rates and risk.

Disadvantages of Direct Funds
Direct funds require active management and market knowledge. Investing through a Mutual Fund Distributor (MFD) with a Certified Financial Planner (CFP) ensures professional management.

Market Volatility
Direct funds expose you to market volatility. Professional management can help navigate these fluctuations better.

Time and Expertise
Managing direct funds requires time and expertise. Professional advisors can provide insights and strategies tailored to your goals.

Advantages of Regular Funds
Investing in regular funds through an MFD with CFP credential provides multiple benefits:

Professional Management
Funds are managed by experts with deep market knowledge. They can make informed decisions on your behalf.

Regular Monitoring
Professional managers regularly monitor and adjust the portfolio to align with market conditions and your financial goals.

Final Insights
Improving your CIBIL score is a gradual process that requires consistent effort and financial discipline. By regularizing your loan repayments, maintaining a low credit utilization ratio, and seeking professional financial advice, you can rebuild your creditworthiness and become eligible for loans again.

Remember, patience and persistence are key. Stay committed to your financial goals and make informed decisions to secure a better financial future.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner,

www.holisticinvestment.in

..Read more

Ramalingam

Ramalingam Kalirajan  |4803 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 21, 2024

Listen
Money
I took loan and gave my friend rs.3 lacs. He didn't pay me back till now. Now, the loan came for settlement and I am clearing it month on month after speaking with the collection team. Current situation I am not able apply for any loan and even not able to purchase a mobile for myself in EMI. How should I get my cibil scores corrected and get eligible for loans Also, I came to know he purposely not giving my money back. How to recover my hard earned money from him legally. Is this possible
Ans: Understanding Your Financial Situation
You loaned Rs. 3 lakhs to a friend who has not repaid you. This has affected your ability to get loans and purchase items on EMI due to your current financial situation and credit score. Let's explore steps to improve your CIBIL score and recover your money legally.

Improving Your CIBIL Score
Regular Payments
To improve your CIBIL score, continue making regular payments on your existing loan. Timely payments are crucial for rebuilding your creditworthiness.

Clear Outstanding Debts
Focus on clearing any outstanding debts. Even partial payments can help show lenders that you are committed to repaying your debts.

Avoid New Credit
Refrain from applying for new credit until your score improves. Frequent loan applications can negatively impact your credit score.

Monitor Your Credit Report
Regularly check your CIBIL report for any discrepancies or errors. Dispute any incorrect information to ensure your report is accurate.

Effective Budget Management
Create a Budget
Develop a monthly budget to manage your expenses and allocate funds towards loan repayment. This helps in tracking your financial commitments.

Prioritize Debts
List your debts and prioritize them based on interest rates and due dates. Focus on paying off high-interest debts first to reduce financial burden.

Emergency Fund
Build an emergency fund to cover unforeseen expenses. This prevents you from needing to take additional loans during emergencies.

Legal Steps to Recover Your Money
Communication
First, communicate with your friend and remind them about the loan. Sometimes, a gentle reminder can prompt repayment.

Legal Notice
If communication fails, send a formal legal notice. This serves as a warning and can often lead to repayment.

Civil Court
If the legal notice does not work, file a civil suit in a local court. Gather all evidence, including loan agreements and communication records, to support your case.

Alternative Resolution Methods
Mediation
Consider mediation as an alternative dispute resolution method. A neutral third party can help negotiate repayment terms.

Arbitration
Arbitration is another option where an arbitrator listens to both parties and makes a binding decision. This is faster than court proceedings.

Steps to Avoid Future Financial Issues
Written Agreements
Always have a written agreement for any loan given to friends or family. This helps in legal proceedings if the need arises.

Limit Personal Loans
Limit the amount of money you lend to others. Ensure it does not impact your financial stability.

Benefits of a Certified Financial Planner
Expert Advice
A Certified Financial Planner (CFP) can provide expert advice tailored to your financial situation. They can help create a personalized plan for debt repayment and credit score improvement.

Financial Planning
CFPs assist in comprehensive financial planning, including budgeting, investment, and risk management. This ensures long-term financial health.

Final Insights
You are facing a challenging financial situation, but with strategic planning, you can improve your CIBIL score and recover your money. Focus on regular debt repayments, budget management, and legal steps to recover your loan. Consider seeking advice from a Certified Financial Planner to create a robust financial plan.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

..Read more

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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