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SACCO - Guarantor Rights
peglo
#1 Posted : Wednesday, August 10, 2011 11:59:44 AM
Rank: New-farer


Joined: 6/15/2010
Posts: 31
Location: nairobi
I have noted from my statement that my SACCO had deducted me more money than what i guaranteed. And they have never even bothered to inform me that the person i guaranteed failed to pay

When i ask the reason why, they tell me that its because of the accrued loan.

Is this legal considering that i never signed anywhere that i will pay for the intrest accrued?


Peglo

Njung'e
#2 Posted : Wednesday, August 10, 2011 1:38:00 PM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
Most Saccos wiil takke three months before chopping guaranteed amount by which time they should have notified all guarantors.It's actually the duty of the manager to call a meeting of all guarantors in such a case and find best way forward.If the loanee,absconds,his/her shares are used to settle the loan and whatever remains is chopped from guarantors shares directly.At this point,the loan shouldn't have attracted any interest.....Read your Saccos by-laws.They could read diffently.
Nothing great was ever achieved without enthusiasm.
peglo
#3 Posted : Monday, August 15, 2011 9:46:58 AM
Rank: New-farer


Joined: 6/15/2010
Posts: 31
Location: nairobi
Njung'e wrote:
Most Saccos wiil takke three months before chopping guaranteed amount by which time they should have notified all guarantors.It's actually the duty of the manager to call a meeting of all guarantors in such a case and find best way forward.If the loanee,absconds,his/her shares are used to settle the loan and whatever remains is chopped from guarantors shares directly.At this point,the loan shouldn't have attracted any interest.....Read your Saccos by-laws.They could read diffently.



Thanks Njun'ge.

In my case its taken them 4 years, then just notified me that i they had deducted the amount + accrued interest! but will follow up on the by-laws.Meaning what i had been deducted is far much higher that what i guaranteed.

Njung'e
#4 Posted : Monday, August 15, 2011 11:17:01 AM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
Even without going to the by-laws,you deserve every penny of the interest deducted since they were supposed to inform you of the defaulting within 3 months.Where they were all this time is their own business.A lawyer will scare the hell out of them and you will have your refund within no time.Good luck.
Nothing great was ever achieved without enthusiasm.
Thiong'o
#5 Posted : Thursday, November 24, 2011 9:17:10 AM
Rank: Member


Joined: 10/14/2011
Posts: 661
TD
#6 Posted : Thursday, November 24, 2011 9:52:49 AM
Rank: Member


Joined: 11/27/2006
Posts: 57
Legally, your maximum exposure as a guarantor should be the figure u signed for in the loan applicant's form. And if the applicant serviced a bit of the loan, your guarantee should be progressively released - that means u can only be deducted the total amount u guaranteed if the loan was never serviced at all.

Interest risk is something borne by all sacco members, after all its not just the guarantors who benefit from that interest if the loan is serviced fully.
wasee
#7 Posted : Thursday, November 24, 2011 11:11:10 AM
Rank: Member


Joined: 2/5/2010
Posts: 273
Location: NBI
the maximum recovered from you should be the amount that u signed on the form.if u didnot indicate any amount, the sacco divides the outstanding amount amongst the guarantors.

Recently, i learnt that there is a Sacco tribunal where guarantors can appeal against a defaulter and compel/get orders so that the defaulters assets can be confisicated, sold and sacco paid its money.
bird_man
#8 Posted : Thursday, November 24, 2011 11:54:49 AM
Rank: Veteran


Joined: 11/2/2006
Posts: 1,206
Location: Nairobi
Kindly read the fine print on the loan application form.At my Sacco they recover principal,interest and penalties accrued by the defaulter from the guarantor as per fine print on the loan application form.

Say you have 5 guarantors for a loan of 1M and guy poteas leaving interest of 80,000sh unpaid....you are jointly and severally liable for the Ksh.1,080,000.

Luckily you wil be many so each might be deducted about 220,000sh worth of shares savings.
Formally employed people often live their employers' dream & forget about their own.
Kwanini
#9 Posted : Tuesday, December 20, 2011 3:24:33 PM
Rank: Member


Joined: 1/28/2009
Posts: 353
Location: Cloud
@birdman.. well put. its all in the fineprint/by laws. Where i frequent they even chop off your dividends if any.... guarantors are jointly and severally liable... till the day the last coin is paid by the defaulter... hiyo tribunal ni just that... tribunal. the final arbiter is the bylaws, the act,AGM resolutions and your signature!
"For i am the master and the captain of my fate"
jerry
#10 Posted : Tuesday, December 20, 2011 6:11:06 PM
Rank: Elder


Joined: 9/29/2006
Posts: 2,570
Kwanini wrote:
@birdman.. well put. its all in the fineprint/by laws. Where i frequent they even chop off your dividends if any.... guarantors are jointly and severally liable... till the day the last coin is paid by the defaulter... hiyo tribunal ni just that... tribunal. the final arbiter is the bylaws, the act,AGM resolutions and your signature!

@Kwanini, well put. R u a member of the tribunal?
The opposite of courage is not cowardice, it's conformity.
jerry
#11 Posted : Tuesday, December 20, 2011 6:20:05 PM
Rank: Elder


Joined: 9/29/2006
Posts: 2,570
TD wrote:
Legally, your maximum exposure as a guarantor should be the figure u signed for in the loan applicant's form. And if the applicant serviced a bit of the loan, your guarantee should be progressively released - that means u can only be deducted the total amount u guaranteed if the loan was never serviced at all.

Interest risk is something borne by all sacco members, after all its not just the guarantors who benefit from that interest if the loan is serviced fully.

@TD, you seem to have a point but not all the members guaranteed the defaulter! Remember that as you guarantee somebody you're saying that you know that s/he cannot default or is creditworthy. so you've to pay up 4the defaulter then we ALL share the dividends!
The opposite of courage is not cowardice, it's conformity.
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