Default on bank loan leading to threats
Mudita d
(Querist) 20 December 2017
This query is : Resolved
Hi lawyers .
I had taken a loan from hdb Bank ( sister concern of hdfc Bank ltd ) of 9lacs due to medical issues in April 2017.
Lost my job without notice in June and managed to pay emi till sep 2017.
Now Bank Collection team enters my house n threatens to pay up one emi or they sending police to arrest with NBW
I have always been in touch with Bank n attended every call explaining how I�m jobless and really trying hard to get back on feet.
Have just got one Bank notice and nothing else ...
having a small kid n single mom I just want guidance on this arrest or procedures as I want to protect my child.
PLEASE RESPOND. AWAITING A FEEDBACK AND GUIDANCE.
Mudita d
(Querist) 20 December 2017
Please help me with guidance .....
SHIRISH PAWAR, 7738990900
(Expert) 20 December 2017
Once you taken loan you have to repay it. You can approach bank and explain the difficulty that is the only option with you. Meanwhile you can try for new job.
Mudita d
(Querist) 20 December 2017
Dear pawar Ji ,
I have been telling them that I�m not running away and my job hunt is on and interviews are going on in my industry.
But they insisting on a NBW .... when I have received one Bank notice and nothing beyond that.
They don�t want to listen or understand...
Can they issue this warrant without the court keeping me in loop or sending me a copy of the legal notice ?
Thank you so much for ur guidance. Just that warrant word is disturbing me.
Mudita d
(Querist) 20 December 2017
Pls help me anshwer I�d banks can arrest without a court notice or legal notice addressed to me too.
Mudita d
(Querist) 20 December 2017
Pls helpI�d banks can arrest without a court notice or legal notice addressed to me too.
Mudita d
(Querist) 20 December 2017
Pls helpI�d banks can arrest without a court notice or legal notice addressed to me too.
Kumar Doab
(Expert) 20 December 2017
The default is from your side, on payment.
Arrange funds and pay and close the matter.
Bank’s/lenders cannot default on set procedure of recovery and can not harass. Such procedure and list of recovery agency is on bank’s website also.
Record all calls of threats, coercion, intimidation, NBW etc etc and record the instances of forced entry in home.
The bank communication that you term as notice could be a communication to pay.
Bank/lendr can ask to pay.
Kumar Doab
(Expert) 20 December 2017
Narrate the instances of abuse/harassment/forced entry etc in writing under proper acknowledgment to MD of the bank/lender.
You can ask them not to call many times a day.
If you need time write to MD of the bank/lender under proper acknowledgment.
You have the option of complaining to RBI and lodge police complaint on harassment, if you wish.
Mudita d
(Querist) 22 December 2017
Thank you kumar. I will do both in writing and also I�m really trying to solve this matter as bad time in life has struck me without notice
