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Someone new claims your loan: verify before you pay anyone

Loans do get sold — to Asset Reconstruction Companies and other lenders. Fraudsters know this and impersonate them. The rule that protects you: never pay a claimed new owner until the assignment is proven in writing.

When this letter applies

  • ▸A caller or letter claims your loan has been "taken over" and payment should now go to a new entity.
  • ▸An ARC offers you a settlement on a loan you thought belonged to your original lender.
  • ▸Recovery pressure suddenly arrives from a name you have never dealt with.

Who it goes to

Both sides, separately: your ORIGINAL lender’s grievance officer (asking them to confirm or deny the assignment) and the claiming entity (demanding proof). The original lender’s written answer is the anchor — fraudsters cannot produce it.

What it must contain

  1. 1A demand for the assignment notice: under SARFAESI §6, the borrower is entitled to notice when a secured loan moves to an ARC — ask for the date and copy of that notice.
  2. 2A demand for a current statement of account from the claiming entity — amount, break-up, and the chain of how they arrived at it.
  3. 3A statement that until written proof arrives, you will continue to deal only with the original lender, and no payment will be made to the claimant.
  4. 4A request to the original lender to confirm in writing whether the account was assigned, to whom, and on what date.
  5. 5The claiming entity’s full legal identity — name, CIN, registered address — demanded explicitly. Legitimate ARCs provide it without friction; fraudsters evaporate.

The timeline

⏱️ No statutory clock here — the discipline is yours: zero payment until the paper trail is complete. A genuine assignee loses nothing by proving itself; only a fraudster is hurried.

What happens next

If the original lender denies the assignment, you likely just documented an impersonation fraud — report it at cybercrime.gov.in and to the original lender in writing. If the assignment is real, the proven assignee steps into the original lender’s shoes — including all the conduct rules on this site.

Don't draft it alone

Loan Kavach drafts this letter for your exact situation — personalised, legally worded, addressed to the right officer, dispatched from your email with the dates and deadlines tracked for you.

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⚖️ The legal basis for this page

Every step above rests on a specific law or RBI instrument. Cite these by name when you complain — a grievance that names its provision is handled differently from one that doesn't.

SARFAESI Act, 2002 · §6 — notice of assignment

Your entitlement to be told, formally, that a secured loan changed hands.

RBI Master Direction — Transfer of Loan Exposures, 2021

The regulatory framework every legitimate loan sale operates under — legitimate buyers can always show their paperwork.

Transfer of Property Act, 1882 · §130

Assignment of an actionable claim requires a written instrument — "we bought your loan, trust us" is not a legal position.

This is general legal information about public statutes and RBI instruments, not legal advice for your specific case.

Common questions

Will refusing to pay the new claimant put me in default?
Paying the wrong party is the real danger — it does not discharge your debt. Continuing to pay the original lender (or holding payment while demanding proof, with your demand documented) is the defensible position.
The claimant sent a fancy letter with a logo. Is that proof?
No. Proof is the assignment notice from your ORIGINAL lender or their written confirmation of the transfer. A logo is a design choice; a §6 notice is a legal document.
An ARC is offering a big settlement discount. Legit?
ARCs do settle — but only after the assignment is verified, in writing, with a proper statement of account. Verify first, negotiate second, and get any settlement’s full-and-final status in writing before paying.

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