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Mani   14 October 2015

Personal loan, credit card default

Dear Sir / Madam,

Mani here,

Wish to know the consequences after a cheque bounce (which PDC given for Personal Loan)

  1. I have taken a personal loan and paid around 10 months. I could not pay EMI regularly due to serving un-employment. 5 EMI pending (not continuos, paying almost alternate month). I have mailed my situation to top to bottom of the bank. The bank not giving any holiday period and not stopping the collection agents visit my home. 
  2. Meanwhile the bank depositted the one of the PDC where given at the loan approval time, and it bounced now. What will be the consequities? 
  3. I'm communicable by all means, I mailing them upto their MD, what is their intension to visit my home? Does all the bank obey our law system or not? Do i dont have right to ask them stop the recovery agents visit my home? (As every one knows, they dont follow any RBI guidlines, doing rude!)
  4. I just need time, and im paying as possible as much almost alternate month, contacting them regularly. Im jobless! not a wilful defaulter!!
  5. Can i stop collection agent visit or not, atleast by law, by writ? I have mails from them that they will proceed with collection agent even i asked them for legal action!
  6. Personal loan / Credit card related cheque bounces treated same like normal cheque bounces cases?
  7. I need breathing time upto joining a job or arranging alternate solution. How LAW can help me? Im clear that they are violating banking guidlines set by RBI, i have phone recordings and mails as evidence. I want the bank to do only in legal path! How can we ensure this?
  8. Can i ask them thru a lawyer that i need breating time 3 to 6 months or you can only approch a court for legal path, im not in a position to interact with those collection bodies, but wish to go legal path. How a lawyer can help with this? Can i approch any Chennai lawyers....?

Thanking you in advance,smiley

Mani.



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     14 October 2015

Defaulting in payments and subsequent follow up by collection agents through personnal visit and by telephone is usual process , u can take a call when they start harassing you or threatening  you of dire consequences if  you fail to honour commitments. Then u have no other go but to lodge a complaint with jurisdiction police narrating all incidents. In such cases generally police will  be reluctant to accept and register FIR.  but u have to impress upon them to register a case. 

Mani   15 October 2015

Thanking you for the reply Mr.Raghavan. Im very new to LAW and its practices. Sorry if i meant wrong any.

I meant to say, The banks are not following any laws and guidelines regarding the collection agents. This is not usual process and as i know thats illegal, falls under criminal law  i guess! They are harrasing, staying long time in the house, furnish the details to others, affecting privacy and moreover nuisance to other resident in the colony. The ladies are afraid and asked to settle outside the home whatever. An Advocate (Mr.Raghavan) feels that this is 'usual process',how peoples, a coomon man get a justice?!  

A person serving unemployment and irregular in payments, willing to pay soon and communicable always is ----- under civil law --- am i right?

On the other hand the bank what trying to do and doing is falls under criminal law --- Right?

Why this is too difficult for a common man to protect his rights? 

I thought that a Lawyer stands only to protect his client under legal circumstances, offer him a best protection by law. Am i wrong?

Lawyers Please teach the peoples about the law and their rights as per law.

Only rich people enjoying legal rights in India...! Is it true...???

adv.raghavan (Advocate,9444674980)     15 October 2015

.dear querist thanks for the lecture, but i am  not in a mood to listen. Generally i do not reply to views which contradicts mines, but in you case u have raises some serious question about my profession i have no other go but to rebut it point by point.Let us get down to business, as per your version bank is harassing you to honour commitments, but u need some time to get your acts together. 1,As per your version, recovery agents are harassing you and neighbours, have you filed complaint in this regard? if not why? why others should suffer because of you? did you ever thougt about that? I said USUAL PROCESS because it is normal practice being followed by all banks.2, Serving un employment is not qualification, rather situation, have you ever tried  contacting bank higher officials , what is their response? you have a civil remedy did you ever considered that option.3, Banks duty is to recover money, they will try by hook or crook to recover money, and it is upto to you to take them on legally.4, You have all the remedies available to you, your failure the adhere to these , is not our fault rather yours.5,Lawyer can always would like to stand with client,but every lawyer has their own limitations with regards to bank defaulters, because at the end of day, the client has to honour his commitments to the bank, we can get the client the requied time to stream line things, but we cannot deny bank payments as it is public money.6, We are not here to take classes for defaulters. and  this profession is not to harbour defaulters against public money.7. That is your assumption i cannot comment on that. 

Mani   16 October 2015

Dear Mr.Raghavan, smiley

I'm Extreamly sorry sir, Misunderstood my query, or i have not explained well. 

Since it is a free service, You have doing excellent job over this site, Kindly continue even some people hurt you like me. People dont know what is LAW and what is possible practically. But You knows. Please guide them as much as possible. Every one (LAWYERS) in this site doing Fantastic job over here. Really happy about this kind service available in our country. Good peoples are around here! HAPPY about this environment.

I will post a detailed reply soon today. Rushing now. Thanking you so much Sir! smiley


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