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Issue ID: 108415
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Delay payment on repayment of loan

Date 14 Apr 2015
Replies1 Reply
Views 1547 Views
Attribution of delay: bank-caused payment lag does not constitute borrower default for CARO reporting when instructions were timely.
When a borrower issues a timely instruction but the bank fails to execute a funds transfer due to technical reasons and the lender receives credit the next day, the delay is attributable to the bank and not the borrower; such bank-caused procedural delays should not be characterised as a default in repayment for compliance reporting if the borrower can show timely instruction and lack of causation. (AI Summary)

Company has sent instruction to its bank for payment of installment of repayment of loan to lander institution on last date within normal banking hrs. Due to technical reason borrower bank could not execute RTGS on the same and do the RTGS on very next day. Lander bank get credit after a day from the stipulated date.

Would it be qualify for CARO compliance of default in repayment of loan or it is a simple procedural delay beyond the control of borrower.

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Replied on Oct 24, 2015
1.

In my view it is not a default because the delay is not attributed to you.

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