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Questions for bankers
Kratos
#1 Posted : Friday, October 03, 2014 11:48:45 AM
Rank: Veteran


Joined: 9/19/2011
Posts: 1,694
Any bankers out there who can help? I took a loan to purchase a van but am now rethinking the idea. I want to sell the van midway through the loan repayment. The van is registered under both my name and the bank. Can i legally sell it and give the bank the balance from the sale to clear the loan balance? Your help will be much appreciated, thanks.

“People will believe a big lie sooner than a little one, and if you repeat it frequently enough, people will sooner or later believe it.” ― Walter C. Langer
kizee1
#2 Posted : Friday, October 03, 2014 2:28:21 PM
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Joined: 9/29/2010
Posts: 679
Location: nairobi
yes you can, for as long as the buyer is not in a hurry to receive the logbook you can
jerry
#3 Posted : Friday, October 03, 2014 4:10:06 PM
Rank: Elder


Joined: 9/29/2006
Posts: 2,570
Read the early exit clause. You may have to pay the interest for the whole term!
The opposite of courage is not cowardice, it's conformity.
Kratos
#4 Posted : Friday, October 03, 2014 4:16:52 PM
Rank: Veteran


Joined: 9/19/2011
Posts: 1,694
Thanks @Kizee & Jerry, let me do my math and see the way forward.

“People will believe a big lie sooner than a little one, and if you repeat it frequently enough, people will sooner or later believe it.” ― Walter C. Langer
kiriita
#5 Posted : Friday, October 03, 2014 4:47:07 PM
Rank: Member


Joined: 4/20/2008
Posts: 437
jerry wrote:
Read the early exit clause. You may have to pay the interest for the whole term!


I believe early repayment penalty is now outlawed under the recent consumer protection law?
Intelligentsia
#6 Posted : Monday, October 06, 2014 12:53:02 PM
Rank: Elder


Joined: 10/1/2009
Posts: 2,436
kiriita wrote:
jerry wrote:
Read the early exit clause. You may have to pay the interest for the whole term!


I believe early repayment penalty is now outlawed under the recent consumer protection law?


True, the prepayment penalty is no longer in place.
@Kratos, you can sell the van I hope its market value is higher than your loan bal. in which case entire van sale proceeds will be deposited in ur loan account and bal. credited to your a/c or per your instructions.
Hw fast you get your logbook varies from bank-to-bank - wengine ni chap chap, wengine utangonja.
Bigchick
#7 Posted : Monday, October 06, 2014 8:18:48 PM
Rank: Elder


Joined: 2/8/2013
Posts: 4,068
Location: At Large.
Kratos wrote:
Any bankers out there who can help? I took a loan to purchase a van but am now rethinking the idea. I want to sell the van midway through the loan repayment. The van is registered under both my name and the bank. Can i legally sell it and give the bank the balance from the sale to clear the loan balance? Your help will be much appreciated, thanks.


Go to the bank with the buyer.

Get an undertaking from the bank for release of log book to the new buyer upon full settlement of the loan balance.

It should not take more than 24 hours to release logbook after loan repayment.

And yes hakuna penalty ya early repayment.
Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
Kratos
#8 Posted : Monday, October 06, 2014 8:58:12 PM
Rank: Veteran


Joined: 9/19/2011
Posts: 1,694
Thanks @Intelligentsia & Bigchick.

“People will believe a big lie sooner than a little one, and if you repeat it frequently enough, people will sooner or later believe it.” ― Walter C. Langer
westkate
#9 Posted : Tuesday, October 07, 2014 9:49:35 AM
Rank: Member


Joined: 5/3/2014
Posts: 133
Location: nairobi
Am also wondering if there is any bank of finance institution that can finance a residential plot worthy 4 million.at the best rates .
mawinder
#10 Posted : Tuesday, October 07, 2014 10:07:16 AM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
westkate wrote:
Am also wondering if there is any bank of finance institution that can finance a residential plot worthy 4 million.at the best rates .

COOP bank, Savings and Loans a subsidiary of KCB, HFCK, KCB.Talk to all of them and pick the one with the best rate.
Kratos
#11 Posted : Tuesday, October 07, 2014 8:18:07 PM
Rank: Veteran


Joined: 9/19/2011
Posts: 1,694

Quote:
Pre-payment charges - a borrower is
entitled to pay the full outstanding
balance under a credit agreement at any
time without any prepayment charges
or penalties. A borrower is also entitled
to prepay a portion of the outstanding
balance on any scheduled repayment
date or on a monthly basis without
prepayment charge or penalty.
Furthermore where a borrower repays
the full outstanding amount of a fixed
credit, the lender is obliged to refund a
portion of the cost of borrowing (paid
by the borrower or added to the
outstanding balance) excluding (i)
interest payments and (ii) prescribed charges (which have not yet been
prescribed).


From the Consumer Protection Act No.46 of
2012 (“CPA”) which came into effect pursuant to the
provisions of Article 46 of the Constitution

“People will believe a big lie sooner than a little one, and if you repeat it frequently enough, people will sooner or later believe it.” ― Walter C. Langer
kivairu
#12 Posted : Thursday, October 30, 2014 11:34:25 AM
Rank: Member


Joined: 3/5/2008
Posts: 532
Location: Nairobi
@Kratos , thanks for enlighting us based on law. A question here....Does the law put a cap on the interest one can pay on loan. Heard something like you can't pay over 100% interest on the principal.

Strive not to be a success, but rather to be of value. –Albert Einstein.
kyt
#13 Posted : Friday, November 21, 2014 11:47:54 AM
Rank: Elder


Joined: 11/7/2007
Posts: 2,182
kivairu wrote:
@Kratos , thanks for enlighting us based on law. A question here....Does the law put a cap on the interest one can pay on loan. Heard something like you can't pay over 100% interest on the principal.

it is also in the constitution
LOVE WHAT YOU DO, DO WHAT YOU LOVE.
Gordon Gekko
#14 Posted : Friday, November 21, 2014 10:09:32 PM
Rank: Elder


Joined: 5/27/2008
Posts: 3,760
kyt wrote:
kivairu wrote:
@Kratos , thanks for enlighting us based on law. A question here....Does the law put a cap on the interest one can pay on loan. Heard something like you can't pay over 100% interest on the principal.

it is also in the constitution

Id duplum rule comes into play only when the loan is non performing. As long as the loan is classified as performing, you can pay in excess of 100% i.e. you can't take a ksh 100 loan and dutifully pay 25 cents per month as agreed with the bank and expect the interest not to exceed ksh 100.
Gordon Gekko
#15 Posted : Friday, November 21, 2014 10:17:44 PM
Rank: Elder


Joined: 5/27/2008
Posts: 3,760
kyt wrote:
kivairu wrote:
@Kratos , thanks for enlighting us based on law. A question here....Does the law put a cap on the interest one can pay on loan. Heard something like you can't pay over 100% interest on the principal.

it is also in the constitution

Id duplum rule comes into play only when the loan is non performing. As long as the loan is classified as performing, you can pay in excess of 100% i.e. you can't take a ksh 100 loan and dutifully pay 25 cents per month as agreed with the bank and expect the interest not to exceed ksh 100.

2. The Amendment (Banking (Amendment) Act, 2006 (Act No 9 of 2006) section 17)
As already stated, the Banking (Amendment) Act introduced section 44A in the Banking Act (Banking Act, cap 488, Laws of Kenya) which is reproduced here. Section 44A Limit on interest recovered on defaulted loans:
"An institution shall be limited in what it may recover with respect to a non performing loan to the maximum amount under subsection (2).The maximum amount referred to in subsection (1) is the sum of the following: the principal owing when the loan becomes non-performing; interest, in accordance with the contract between the debtor and the institution, not exceeding the principal owing when the loan becomes non-performing; and expenses incurred in the recovery of any amounts owed by the debtor."
The above cited two subsections formulate what is known as the in duplum rule. It can be seen from paragraph (b) of subsection (2) that the amount of accrued interest on the loan is restricted to equal the amount of the principal amount owing when the loan becomes non-performing. In effect, therefore, the lender cannot recover at any one given time an amount that is more than double the outstanding principal.
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