Anu 24 February 2016

Hdfc bank recovery agency

My mother has an HDFC Bank credit card. She is a senior citizen and is currently very ill and is not able to pay the dues (over 2 lakhs). The card account is 3 months overdue, however, until last month we payed the minimum amount due. This month my mother issued a cheque but was not able to honour the cheque/it bounched. I have decided I want to go for a settlement and close the account. However, I want to deal directly with the bank. I have already written to HDFC Bank grievance redressal and apparently, they don't take you very seriously unless you give them proof. I have all my mother's medical records and I want the bank to settle this matter. But the recovery agents have been calling all day and I have made it very clear that I cannot make any payments this month and that I am waiting for a settlement letter from HDFC Bank. So obviously I am the one who is approaching the bank to be able to clear the dues after they decide upon a settlement amount. My questions are : 1) Do I have to go through the recovery agency to be able to receive a settlement letter? 2) As I am genuinely interested in resolving this issue, shouldn't the grievance redressal forum deal with this issue? 3) How does the bank calculate the settlement amount and do I have the right to negotiate? Will the bank waive the interest?

Thank you very much!

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6 Replies

ROHIT SHARMA (Legal Advisor ) 24 February 2016

1. If the bank has instuted a complaint u/s 138 of N.I. Act, and your mother has been summoned then you can settle the issue by seekig mediation and then ngeiating with the bank for grant of further lesser amount instalment and wavier of compounded interest. Bankers are also human. They will understand as why was in the first place a credit card given to senior citizen who has no emplpyment or income resource.

2. You cannot become a legal representative of your mother in criminal matter. But can on friendly terms tactfully negotiate with the bank personnels (agencies) and ease out of the situation. An amicable setteleent deed if made out can bring an end to trial before the court.

Anu 24 February 2016

Thank you for your input, Rohit. My mother has not been summoned. The bank hasn't contacted her at all, it's just the recovery agents that have been calling us on behalf of the bank. Isn't it a right of the borrower to be able to deal with the bank directly? The bank will obviously pay commission to the recovery agency to process a settlement. If the borrower is contacting the bank herself, why not deal with borrower directly?

matt 05 April 2016

Well this is also a fact that Recovery agency either they are from govt. banks or private banks deals every customer as a guilty. And the Authorities of Bank never respond thinking that let them deal with Recovery agent.I think you must hire a Lawyer and send a legal proposal to the Bank manager.so you will be worried from any type of notice as legal paper will be enough to prove that you are seriously interested to settle the amount.

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Kumar Doab (FIN) 17 April 2016

Record all calls.Speak each time that the person called at time/date, and why is he calling ........... times each day, What is his name/designation/name of employer (agency)/address/Manager of M/s Axis bank in charge of agency etc?

Ask him to stop making phone calls at once, if you do not want phone calls.

Maintain call log: date/time/day

Send call recordings/call log date to local BM, MD, Chairman of M/s HDFC Bank ( aditya.puri@hdfcbank.com) , RBI (CPED) and post your demand...................

Whatever be the reason, you are expected to pay on time.

The recovery/collection agents can not harass and litter nuisance.

Lodge complaint with RBI as well.

You can download the details from many threads e.g.:

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.VxKJPtQrLIU

RAJU O.F., (Advocate) 20 April 2016

Harrassment through Recovery agents are illegal and prohibited by RBI. You may approach the jurisdiction Legal Services Authority, who would call both parties for mediation and amicable settlement.