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Wife misses loan payments, bank recovers dues from husband's pension kept in joint bank a/c; Odisha HC tells bank to return money
The Economic Times· 2025-11-18 05:50
Core Viewpoint - The Odisha High Court ruled that a bank cannot unilaterally deduct money from a pensioner's account to recover dues from a borrower's default, emphasizing the protection of pension funds as a fundamental right under Article 21 of the Constitution of India [7][24][27]. Summary by Sections Case Background - Mr. Mallick, a retired employee, acted as a guarantor for his wife's loans totaling Rs 21.35 lakh, which included two transport vehicle loans and a car loan [2][3]. - The loans defaulted, leading to their classification as Non-Performing Assets (NPA) on November 7, 2018 [3]. Bank's Actions - The bank debited Rs 5 lakh from the joint account of Mr. Mallick and his wife without prior notice, claiming it was to settle the defaulted loans [4][5]. - The bank argued that the joint account was not solely a pension account and that Mr. Mallick had been withdrawing his pension regularly [6]. Court's Findings - The court highlighted that pension funds are protected under various legal provisions, including Section 60(1)(g) of the Code of Civil Procedure, which exempts government pensions from attachment [9][27]. - The court ruled that the bank's action of debiting the account without a court order or prior notice violated the principle of due process [13][27]. Legal Precedents - The judgement referenced previous cases, including Radhey Shyam Gupta v. Punjab National Bank and State of Jharkhand v. Jitendra Kumar Srivastava, reinforcing that pension is considered property and cannot be taken without legal authority [10][12][27]. - The court noted that pension funds retain their protected status even when deposited in a joint account, and contractual agreements cannot waive this exemption [14][17]. Conclusion and Directives - The Odisha High Court ordered the bank to reverse the Rs 5 lakh deduction within four weeks and prohibited any future deductions from Mr. Mallick's pension without due process [24][28]. - The judgement clarified that while the bank retains the right to recover outstanding dues, it must do so through lawful means and cannot directly appropriate pension funds [24][25].
SBI charges Rs 4,400 for bounced EMIs; customer contests and wins Rs 1.7 lakh after 15 years
The Economic Times· 2025-11-13 05:32
Core Point - The case revolves around Smt Sharma, who faced unjust bounce charges from SBI despite maintaining sufficient funds in her account, leading to a ruling in her favor by the Delhi State Consumer Commission [18][19]. Group 1: Background of the Case - Smt Sharma took a car loan of Rs 2.6 lakh from HDFC Bank on April 15, 2008, and authorized SBI to deduct her monthly EMI of Rs 7,054 through ECS from her savings account [3][4]. - A total of 11 EMI payments bounced, resulting in charges of Rs 4,400, with three due to insufficient funds and eight labeled as "not valid" [5][18]. Group 2: Legal Proceedings - After SBI declined to refund the bounce charges, Sharma filed a complaint with the district consumer commission in 2010, which was dismissed, prompting her to escalate the matter to the National Consumer Disputes Redressal Commission (NCDRC) [2][7]. - The NCDRC remanded the case back to the Delhi State Consumer Commission, which ultimately ruled in favor of Sharma on October 9, 2025 [18][19]. Group 3: Findings of the Delhi State Consumer Commission - The Commission found that SBI's argument regarding incorrect ECS mandate details was implausible, as some EMIs were successfully cleared under the same mandate [12][16]. - SBI failed to provide evidence to support its claims of insufficient funds or incorrect ECS details, leading to a conclusion of deficiency in service on SBI's part [11][14][16]. Group 4: Compensation Awarded - The Delhi State Consumer Commission ordered SBI to pay Rs 1.7 lakh to Sharma, which includes Rs 1.5 lakh for mental agony and Rs 20,000 for litigation costs, to be paid within three months [19].
Unemployed Dave Ramsey Caller Owes $1.8 Million & Wants Buyer To Take Over Mortgage. 'You're Going To Get In Trouble Because You're Getting Desperate'
Yahoo Finance· 2025-11-08 19:01
Core Insights - A former commercial real estate credit analyst is facing severe financial difficulties after losing his job, leading to a desperate situation where he is managing multiple debts and trying to survive on minimal income [1][2]. Financial Situation - The individual previously earned $130,000 annually, while his spouse continues to earn the same amount, but his income has drastically dropped to nearly nothing due to job loss amid $2 billion in loan defaults [2]. - The total mortgage obligations amount to over $1.36 million, with total debts likely closer to $1.8 million when including car loans and credit card debt [6]. Property Details - The financial breakdown includes: - Primary home: $540,000 mortgage at 5.75% with a monthly payment of $4,400 [7] - Rental 1: $453,000 mortgage at 6.5% with a monthly payment of $2,956 [7] - Rental 2: $192,000 mortgage with a monthly payment of $1,119 [7] - Rental 3 (with a business partner): $184,000 mortgage at 11.5% [7] - The individual is considering selling assets, including their primary home, and has listed nearly everything for sale, including their car [3][6]. Proposed Solutions - The individual proposed a deal where a potential buyer would pay $20,000 upfront and take over the mortgage, while he would remain on the loan, which is not a viable solution due to the due-on-sale clause in the mortgage [3][4][5].
5 Ways Fewer Jobs for Everyone Else Might Help Your Finances
Yahoo Finance· 2025-11-02 15:28
Core Insights - The Federal Reserve's interest rate decisions are influenced by job creation data, with lower job additions potentially leading to rate cuts to stimulate economic growth [1] - Rate cuts can have a direct impact on consumer finances, particularly through reduced interest rates on variable-rate products like credit cards and loans [2][4] Group 1: Impact of Job Reports on Interest Rates - A jobs report indicating fewer positions added than expected may prompt the Fed to lower interest rates to encourage economic activity [1] - Lower interest rates can lead to increased consumer and business spending, ultimately boosting demand for labor [5] Group 2: Financial Benefits of Rate Cuts - Consumers with variable-rate debts, such as credit cards and car loans, will benefit from lower interest rates, resulting in reduced interest payments [4][5] - Fixed-rate borrowers may also find refinancing opportunities as rates decrease, allowing them to secure better terms on existing loans [6][7]
SBI ordered to pay Rs 1.7 lakh to a Delhi customer for not deducting car loan EMIs despite sufficient balance
The Economic Times· 2025-10-28 10:46
Core Viewpoint - The Delhi State Consumer Disputes Redressal Commission held the State Bank of India (SBI) accountable for service deficiency after dishonoring 11 EMIs despite the customer having sufficient funds, resulting in a compensation order for the complainant [7]. Group 1: Customer Complaint - Chhaya Sharma, a resident of Karawal Nagar, filed a complaint against SBI for returning 11 EMIs, with three marked as "insufficient funds" and eight as "invalid account," while she had adequate balance [1][2]. - Sharma sought correction of the bounce entries, a refund of ₹4,400 in bounce charges, and ₹10 lakh for mental harassment and inconvenience [3][6]. Group 2: District Forum's Decision - The district consumer forum initially dismissed Sharma's complaint, citing technical aspects under the Reserve Bank of India's ECS guidelines and concluding no deficiency in service by the banks [4]. Group 3: State Commission's Findings - The state commission reviewed account records and found that Sharma maintained sufficient funds when the EMIs were presented, and SBI failed to provide evidence of insufficient balance [5]. - The commission ruled that SBI was deficient in service for dishonoring the EMIs and unjustly charging bounce fees, ordering SBI to pay ₹1,50,000 for mental agony and ₹20,000 for litigation expenses, with a 7% interest applicable for delayed payment [7].
I just found out my new wife has been hiding $65K in credit card debt from me — what can I do to protect myself?
Yahoo Finance· 2025-10-26 11:30
Core Insights - Financial infidelity can occur at any stage of a relationship, including before marriage, as illustrated by the case of Ren and Akari, where Akari's undisclosed credit card debt of $65,000 exceeds her annual income of $55,000 [1][2] Financial Implications - Combining finances is a significant step for couples, but Ren's credit score remains unaffected by Akari's bad credit score since credit bureaus do not track marital status [3] - Joint loans may pose challenges due to Akari's high debt-to-income ratio, which could lead to loan rejections, and any joint account activity will impact both credit scores [4] - Akari's debts are her sole responsibility, and Ren should refrain from adding his name to her credit cards to protect his credit score [4] Legal Considerations - In the event of Akari's death, Ren would not automatically inherit her debt unless state law dictates otherwise; her estate would be responsible for settling the debt [5] Relationship Dynamics - Financial issues are a common source of conflict in relationships, with about one in three Americans citing money as a conflict source, and money being the second most common reason for divorce [6]
What to do if you're underwater on your car loan
Yahoo Finance· 2025-10-08 10:50
Core Insights - More than 26% of new-vehicle trade-ins in Q2 2025 had negative equity, the highest share in over four years [1] - The average amount owed on upside-down loans is $6,754, indicating increasing risks associated with car debt [2] - Affordability pressures from high vehicle prices and interest rates are exacerbating the negative equity situation [3] Financial Implications - Consumers with negative equity who rolled it into a new vehicle loan paid an average of $915 per month, significantly higher than the industry average of $756 [5] - These consumers financed $12,145 more than typical new-vehicle buyers, highlighting the financial strain [5] Strategies to Mitigate Negative Equity - Keeping the current vehicle longer can help avoid deeper financial issues, as making payments reduces the loan balance while vehicle depreciation stabilizes [4] - Refinancing may alleviate some negative equity impacts if credit has improved or interest rates have decreased [6] - Leasing a new vehicle can be an alternative, but it requires managing higher monthly payments due to existing negative equity [7]
Car loans starting at 7.6% interest rate: Check what SBI, PNB, HDFC Bank, ICICI Bank are others are offering this festive season
The Economic Times· 2025-10-01 03:35
Core Insights - During the festive season, SBI is promoting an auto loan with zero processing fees, zero prepayment charges, no foreclosure fees after two years, and financing up to 100% of the on-road price [1][7] - Interest rates for new car loans from various banks range from 7.6% to 14.25% for a loan amount of Rs 5 lakh over a five-year tenure [2][7] - UCO Bank offers the lowest interest rate starting at 7.60%, while SBI's rates range from 8.80% to 9.90% [7] Interest Rates and Charges - Interest rates for car loans vary significantly among lenders, with public sector banks like Canara Bank and Bank of Maharashtra starting at 7.70% [3][7] - ICICI Bank and HDFC Bank have starting rates of 9.10% and 9.20% respectively [7] - Processing fees for car loans typically range from 0.25% to 2.50% of the loan amount, with certain lenders offering discounts during festive seasons [6][7] Factors Influencing Loan Rates - The interest rate on car loans is influenced by borrower-related factors such as credit score, income, and debt-to-income ratio, as well as loan-related details like loan amount, tenure, and down payment [2][7] - Broader market conditions and individual lender policies also play a significant role in determining the rates [2][7]
4 Bills Middle-Class Retirees Wish They Would’ve Cut Sooner
Yahoo Finance· 2025-09-12 10:59
Core Insights - Many middle-class retirees face financial burdens due to ongoing monthly bills, which could have been mitigated with better financial decisions earlier in life [1] Group 1: Credit Card Debt - The average interest rate on credit cards reached 22.78% in Q2 of 2024, a near record high, making it difficult for retirees to manage debt [3] - A report indicated that 68% of retirees with debt have outstanding credit card balances, suggesting that addressing these debts earlier could have saved them thousands [4] Group 2: Mortgage Payments - Over 10.5 million Americans aged 65 and older still carry mortgages, which can limit financial flexibility during retirement [4] - The percentage of Americans aged 75 and over with mortgage debt rose from approximately 5% in 1995 to 25% in 2022, with the median amount owed increasing from $14,000 to $102,000 during the same period [5] Group 3: Car Loans - As of Q1 2025, average monthly auto loan payments were $745 for new cars and $521 for used cars, with auto loans constituting 33.3% of non-mortgage debt among retirees [6] - Many retirees regret making car payments for vehicles they do not need, especially when living on a fixed income [6] Group 4: Student Loan Debt - Baby boomers carry an average student loan debt of $43,554, with the number of adults aged 60 or older with student loan debt increasing sixfold over the past two decades [7] - The total amount of student loan debt for this age group has multiplied nearly 20 times, indicating a significant financial burden for many retirees [7]