A vehicle in India is more than just an asset. It is often essential for commuting to work, transporting children to school, or even earning a livelihood. This is why receiving calls from recovery agents or notices from lenders after missing a few loan instalments can be deeply stressful. Understanding your rights as a borrower can help avoid panic, challenge unlawful recovery practices and, in some cases, even reclaim their vehicle before it is sold. Can a bank repossess your vehicle after missing one or two EMIs? One of the biggest fears among borrowers is that a single missed EMI could result in the lender taking away the vehicle. Experts say that is generally not how the process works. “A lender cannot ordinarily repossess a vehicle immediately after a borrower misses one or two EMIs without following the process laid down in the loan agreement and its board-approved recovery policy,” says Ankit Bagadia, Director – Business, BankBazaar.ET Online
Notices lenders must send before vehicle reposession RBI requires lenders to clearly disclose their repossession procedures, notice requirements and recovery processes upfront, according to Bagadia. While continued defaults can eventually trigger recovery action, lenders are expected to follow due process rather than resort to surprise seizures or coercive methods. The exact trigger for repossession depends on the loan contract and lender policy, but courts have repeatedly held that lenders must act fairly and reasonably while enforcing their security interest, he says.What notices must lenders send before repossessing a vehicle? Before repossession takes place, borrowers are generally entitled to be informed about the recovery process. RBI's Fair Practices Code requires lenders financing vehicles to clearly disclose the repossession process in the loan agreement, according to Bagadia. Borrowers should be informed about the consequences of default, the circumstances under which repossession may occur and the process that will be followed if recovery action becomes necessary. “The lender's recovery policy must also outline notice requirements, repossession procedures and the process for sale of the vehicle after repossession,” he says. Borrowers should also be informed if recovery agents are being engaged and should receive details of the authorised agency handling the recovery process. While notice periods may vary depending on the lender's policy and the terms of the loan agreement, repossession is expected to follow a documented process rather than happen without communication.Can recovery agents forcibly take your vehicle? Stories of recovery agents taking vehicles from homes, offices or public places often create anxiety among borrowers. However, experts say lenders and recovery agents must operate within strict boundaries. "Recovery agents cannot use force, intimidation or coercive methods to take possession of a vehicle," says Bagadia. RBI guidelines require recovery actions to be conducted professionally and fairly. Recovery agents must carry proper authorisation and identification and follow the code of conduct prescribed by the lender. Borrowers are entitled to be treated with dignity throughout the recovery process. “Intimidation, threats, abusive language, public humiliation, coercion or harassment are prohibited,” according to Bagadia. If a borrower believes a vehicle has been taken without following due process or through coercive means, the action can be challenged through the lender's grievance redress mechanism and, if necessary, before appropriate legal forums.What should you do if recovery agents harass or threaten you? Borrowers should know that lenders remain responsible for the conduct of recovery agents acting on their behalf. "Recovery cannot come at the cost of dignity," says Kundan Shahi, Founder of Zavo. If a borrower believes due process has not been followed, the first step should be to document the incident carefully. This may include saving messages, recording dates and times of interactions and collecting details of the recovery personnel involved. The borrower should then file a formal complaint with the lender. “If the issue remains unresolved, it can be escalated through the RBI's grievance redress mechanism, consumer commissions, or courts,” says Shahi.Can you get your vehicle back after repossession? Many borrowers assume that once a vehicle is repossessed, it is gone forever. "In many cases, borrowers are given an opportunity to regularise the loan account and reclaim the vehicle before it is sold," says Bagadia.ET Online
