WITHOUT PREJUDICE
Date: __________
Place: __________
FROM
__________
__________
Mobile: __________
Email: __________
TO
__________
__________
__________
__________
SUBJECT: LOAN ACCOUNT NO. __________ - __________ in the name of __________ - PROPOSAL FOR ONE-TIME SETTLEMENT
Sir / Madam,
- I am the borrower in the __________ account bearing account number __________, serviced through your __________ office. In this letter, "the Lender" means __________. I write to place before the Lender a proposal for a one-time settlement of this account, and I request that it be put before the authority competent to decide it under the Lender's board-approved settlement policy, framed in terms of the Reserve Bank of India (Framework for Compromise Settlements and Technical Write-offs) Directions, 2023 dated 8 June 2023, or the equivalent policy applicable to the Lender.
- Particulars of the account.
Borrower: __________
Facility: __________
Loan account number: __________
Date of sanction: __________
Amount sanctioned: __________
Dues as on __________, as per the Lender's records:
Principal outstanding: __________
Interest outstanding: __________
Total claimed: __________
- Repayment record and default. I serviced this account until __________, when I missed the first instalment. I do not dispute that the account is in default. What I am not in a position to do is pay the full amount claimed.
- Why the default occurred. In short: __________.
__________
- My present position.
__________
- The offer. Without admitting the correctness of the amount claimed, and purely to close this account amicably, I offer __________ in full and final settlement of everything due under this account - principal, interest, penal interest, and legal and incidental charges. This is the most I can raise. I have not arrived at it by bargaining, and I would rather tell the Lender the truth about my capacity than agree to a figure I will fail to pay.
- Payment schedule. If this proposal is sanctioned, I will pay:
- __________ within __________ days of the date on which I receive the Lender's written sanction letter;
- and in any event the entire settlement amount on or before __________.
Every payment will be made by NEFT, RTGS, IMPS or demand draft to the account nominated by the Lender in the sanction letter, quoting loan account number __________, so that each payment is traceable to this account.
- Source of funds.
__________
- What I ask the sanction letter to record. If this proposal is accepted, I request that the sanction letter be issued on the Lender's letterhead, signed by the competent authority, and that it state clearly:
- the exact settlement amount in figures and in words, and that it is inclusive of all principal, interest, penal interest, and legal and incidental charges, so that no further amount is raised against this account afterwards;
- the payment schedule, the last date for payment, and whether any extension of time is permitted and on what terms;
- the bank account details to which payment is to be made;
- that on receipt of the full settlement amount the Lender will issue a No Dues Certificate and a settlement completion letter for this account;
- the exact status in which this account will be reported to the credit information companies after payment, set out in the words that will actually appear in the report;
- that on receipt of the full settlement amount, neither the Lender nor any person claiming through it, including any assignee or recovery agency, will make any further claim or take any recovery step in respect of this account against me.
- Credit reporting. I am aware that an account closed on a compromise is ordinarily reported to the credit information companies as "settled" rather than "closed", and that this entry will affect my ability to borrow for years. I am not asking the Lender to report anything inaccurate. I ask only for three things. First, that the sanction letter state the exact status that will be reported, so that I know it before I pay rather than after. Second, that the Lender record that if I later pay the amount waived under the settlement, it will on such payment report the account as "closed" and issue a revised no-dues letter. Third, that after my final payment the Lender update the credit information companies promptly and in line with the fortnightly reporting requirement introduced by the Reserve Bank's circular of 8 August 2024 with effect from 1 January 2025, and send me a copy of the confirmation, so that the change is visible on my record without my having to chase it.
- Without prejudice. This proposal is made without prejudice and solely with a view to an amicable settlement. It is not an admission that the amount claimed by the Lender is correctly computed. If the proposal is not accepted, it will be treated as withdrawn and will not be relied on by either side. If it is accepted, the settlement will take effect only on the terms of the Lender's written sanction letter and on my payment in accordance with it, and the Lender's acceptance of any payment before then will not by itself amount to a settlement.
- Response requested. I request a written response to this letter within 30 days of its date, addressed to me at the address and email given above. If I receive no response within that period, or a response that does not deal with the matters in paragraph 9, I propose to take the matter further as follows. __________ I record this only so that the Lender knows the course I will follow. I understand that whether to accept a settlement is the Lender's commercial decision and that no forum can compel it.
- Delivery. This letter is being delivered __________. I have retained proof of delivery, and I request that the receipt of this letter be recorded in the account file and a reference number given to me.
- I am willing to attend the branch or the recovery office at any time convenient to the Lender to explain this proposal, to produce originals of the documents enclosed, and to answer any question about my means. I am also willing to consider a restructuring of the loan instead of a settlement, on terms that fit the income I have described above, if the Lender would prefer that.
Yours faithfully,
_______________________________
__________ (Borrower)
Mobile: __________ | Email: __________
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FOR ACKNOWLEDGEMENT (to be completed where this letter is handed over at the counter)
Received a copy of this letter dated __________ in respect of Loan Account No. __________.
Name: ______________________ Designation: ______________________
Signature: __________________ Date: ______________ Office stamp: