Very urgent: fetching calling data by collection agencies
Guest
(Querist) 11 February 2014
This query is : Resolved
Dear Experts,
Can collecting agencies of banks fetch data from mobile companies to call relatives and friends of defaulter of credit card holder informing about the not paid outstanding thereby making defamation??
Is there any legal provision in this regard?
How the mobile companies provide such data although they are bound to hold privacy of the subscribers??
What are the available counter measures against banks and collection agencies??
Requesting you to reply on urgent basis.
Thanks in anticipation.
ajay sethi
(Expert) 11 February 2014
what are facts of your case?
Guest
(Querist) 11 February 2014
Dear Sir,
I was a credit card till May 2012 issued by Barclays credit card. my last outstanding with the bank was Rs.36203.19 and I was in the process of settlement with the bank and they agreed to close my account in Rs. 16000 in 4 shots. But suddenly the bank had informed me that it had sold their card business to your bank. Since than I was totally in dark about my settlement??
Now after almost 2 years back, I am getting calls from a very rude and misbehaved person. He called me to close the account in Rs. WHOOPING RS. 84000 !! Once when I was not able to pick up the phone he called up my previous company (I dont know from wherer he got their no) and started defaming about me. Even in today morning my mobile was on charging and not able to pick his call, he, For a surprise called there again about 150 times and hence disturbing their business. They have already informed him that he has left the job 4 months back.The director of the company called me up and informed me about the same and I was really embarrased. Not only this When I was talking to him for the settlement and stop making calls he said " IT IS UPTO ME TO STOP CALLING AND TAKING FINAL DECISION". when I asked Him to let me talk to your senior he said I am the only SENIOR to take the decision and I AM THE BANK. When once I am in communication with him HOW COULD HE STILL MAKE THE CALLS TO MY PREVIOUS COMPANY AND MAKING DEFAMATION AGAINST ME. and he is taking the thing PERSONALLY!!
Please suggest.
Guest
(Querist) 11 February 2014
Dear Sir,
I was a credit card till May 2012 issued by Barclays credit card. my last outstanding with the bank was Rs.36203.19 and I was in the process of settlement with the bank and they agreed to close my account in Rs. 16000 in 4 shots. But suddenly the bank had informed me that it had sold their card business to your bank. Since than I was totally in dark about my settlement??
Now after almost 2 years back, I am getting calls from a very rude and misbehaved person. He called me to close the account in Rs. WHOOPING RS. 84000 !! Once when I was not able to pick up the phone he called up my previous company (I dont know from wherer he got their no) and started defaming about me. Even in today morning my mobile was on charging and not able to pick his call, he, For a surprise called there again about 150 times and hence disturbing their business. They have already informed him that he has left the job 4 months back.The director of the company called me up and informed me about the same and I was really embarrased. Not only this When I was talking to him for the settlement and stop making calls he said " IT IS UPTO ME TO STOP CALLING AND TAKING FINAL DECISION". when I asked Him to let me talk to your senior he said I am the only SENIOR to take the decision and I AM THE BANK. When once I am in communication with him HOW COULD HE STILL MAKE THE CALLS TO MY PREVIOUS COMPANY AND MAKING DEFAMATION AGAINST ME. and he is taking the thing PERSONALLY!!
Please suggest.
ajay sethi
(Expert) 11 February 2014
file police complaint against the caller for threats issued to you . you must be having his phone number .also address letter to bank managing director complaining about the behaviour of caller .
Guest
(Querist) 11 February 2014
Thanks a lot for your reply.
Kumar Doab
(Expert) 11 February 2014
NO.
He is testing your wits.
The ARC has bought the debt and is now out to make fat bucks.
Record all such calls.
Demand that he may send a letter by redg. post only.
There are many threads on similar matters e.g;
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
Rajendra K Goyal
(Expert) 11 February 2014
There are a lot of regularizing instructions from RBI regarding recovery Agents.
Record all the misbehavior, other evidences and complaint to RBI and police.
Devajyoti Barman
(Expert) 11 February 2014
Such calls are not permissible under law. You can file criminal of criminal intimidation.
Raj Kumar Makkad
(Expert) 14 February 2014
I do agree with the experts hence no more to add.
