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TAMAL ROY CHOWDHARY (nil)     21 July 2017

Credit card help

Sir, I am was holding an HDFC Bank credit card from 2008 and in 2015 june there was one 180000 loan was going in my card and again I had taken a loan of 300000 nov 2015 for a friend and 3-4 months the emi was going on time after some time in a accident he died and after that his family member clearly said they are not in any stage for pay that amount and all the burden came on me to clear his due as I have taken the loan. and till 2-3 months then I got shifted from my old city to new as there was some family problem and we then seprated and I got my address also change in credit details, and I was paying the amount and asking the bank to reduse the emi month as its getting hard for me to the money but they did not replyed once also. And after 2-3 months I lost my job so it was getting tuff for me to pay my loan as no job and the same I have informed bank to help and to give me some time and after 2 months they have close all the loan amount and started asking for full amount together which came around 500000 after there adding all the charges and interest on interest . and after that they starting sending some people in my home statred threating us and then I some home manage to pay 30000 by taking loan from a friend and was looking for job and then this people came there also and started asking for money in front of all office staff which annoyed my boss and he asked me to leave as he dont want to disturb the office enviroment. and currently I don't have any proper job and some how I am only earing 15000 per month from which I have to pay my rent any family expense. I even asked them to make an small amount and take around 10000 as I will be getting that from that friend family from next month but they have gone to my old address and asking them to pay and they clearly told them and me that if next time any person came to them then they will file an case against e in police as I have seprated from there and there is nothing left for me.

So please help me what should I do in this matter as they have started mis behaving on telephone with my wife and sister and abuse me also.  I will start paying them by next month rs 10000 everymonth as that amount i will be getting for sure. and now the amount is as per them is Rs.800000 and they are asking to pay that in 3 emi, I clearly told them I will not be able to pay the same.

Please help me what should I do to get out of this matter. as I am ready to pay Rs. 10000 everymonth until my loan amount is clear.  



Learning

 26 Replies

Siddharth Srivastava (Advocate)     21 July 2017

As per law, now bank officials can not indulge in such manhandling activities. If any bank official approach in such rude manner then you lodge a police complaint complaining harassment, manhandling, threat etc. Let th bank go to court for recovery where you can by the intervention of court settle the matter. For details contact with details.

TAMAL ROY CHOWDHARY (nil)     21 July 2017

Sir just now I was going through my emails and found there is an email letter dated 11 July send me where Invitation to conciliation as per provisions of Section 62 of the Arbitration and Conciliation Act, 1996 for amicable settlement of outstanding dues on your HDFC Credit Card No. is meintioned and its in my old address what should I do for this now, I am living in faridabad haryana. 

Kumar Doab (FIN)     21 July 2017

If you have the evidence of lending to friend stake claim from his estate.

Take help of a very able senior local counsel of unshakable repute and integrity specializing in civil matters.... 

Kumar Doab (FIN)     21 July 2017

For harassment by Recovery agents; 

Record all threats, abuse, calls, etc etc 

and build some irrefutable evidence..............

 

Thereafter write to MD,CEO; Aditya Puri of M/s HDFC bank;

aditya.puri@hdfcbank.com

 

RBI

Police

 

Kumar Doab (FIN)     21 July 2017

There are many threads at LCI from whihc you can pick up relevant RBI guidelines, Contact details of RBI officials, Master Circulars of RBI,   judgments by courts etc etc  e.g;

 

https://www.lawyersclubindia.com/forum/Icici-harassing-my-mother-sister-148680.asp

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

https://www.lawyersclubindia.com/experts/Credit-card-payment-473636.asp

  

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y

https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y

https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

 https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA

 https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA

https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

  

https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA


https://www.lawyersclubindia.com/search_results_custom.asp?module=experts&q=Harassment+by+ICICI+Bank+recovery+agents+&B1=GO

 

 

TAMAL ROY CHOWDHARY (nil)     21 July 2017

there is no evidence, but his family have confirmed me that they will only be able to pay around 8000-10000 per month and I will also add some amount to the same and in coming time I might get a good job from where I can pay off the debt quikly but currently only 10000 i will be able. they have increased the amount almost double the principle amount.

Kumar Doab (FIN)     21 July 2017

If you are unable to handle on your own entrust to your local counsel....

Kumar Doab (FIN)     21 July 2017

Generate evidence and record thier  admission...............

Take help of elders of your family..................local counsels.....

 

Also: If they are getting some claim money request to pay you so that clear the debt....

 

You have to put in your own efforts..

TAMAL ROY CHOWDHARY (nil)     21 July 2017

i don't have recording in my or anyone phone, and when they call for abusing they call from random numbers. my financial postion is not good at all not and becasue of all this thing happening my mental condition is also not good, some time I think to sucide as the words which they use are shamefull to hear and they sometime call at midnight and when i stop taking there calls or stop responding they start sending message like balance nahi hai kya, phone utha, jawab de, baat kar, etc but they never abuse in sms.

Kumar Doab (FIN)     21 July 2017

GO thru the mentioned links carefully.

The Recovery agents list and phone numbers should be on M/s HDFC bank's website....

Record all calls. 

The recvoery agents can not call in midnight.

TAMAL ROY CHOWDHARY (nil)     21 July 2017

Kumar Doab (FIN)     21 July 2017

You might have signed clause on arbitration in CC issuance form.....

M/s HDFC Bank has lent to you and not your friend.

The CC loan is on high interest and you have signed the T&C by your free will...

The principle amount itself is very high.

You are unable to pay in lum sum.

The bank may/may not agree on settlement.

If you have relative that has banking experience take help.

TAMAL ROY CHOWDHARY (nil)     21 July 2017

sir i was holding this card from 2008 and from that time as per my knowlegede i have not sign any other document then the form and for the loan also it was done over the telephone no form was sign by me. and in the phone call also they have told me about the interest and loan period. please tell me what is this. and what shoudl i do now as for some problem with my wife health I am outside delhi in her home and will be back around 10 august. please guide me what to do.

Kumar Doab (FIN)     21 July 2017

It is entirely your personal decision.

If you wish to meet but cannot on said date, send letter by Redfg. Post to HO M/s HDFC bank........

It is reiterated that you may consult locla counsel specializing in banking/consumer matters at your current location wherever you are................'

Instead of getting panicky and acting in haste consult.......locally.


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