Tarun Vats 23 June 2016

Advise needed - consumer court case

I had a credit card account with Barclays bank which was closed for the past 8 years. When i paid the final amount, they gave me an e-mail which clearly states that my account balance is NIL.

One day my wife, her friend and a few of her relatives get a call from a recovery agency asking for money which was due on that card.

They sent a recovery agent to my house who was unable to produce any valid bank statements. He was aggressive but had no clue how the debt became due.

They have stopped phone calls. However, they have still been harassing me via e-mails everyday

They have updated this wrong record on my CIBIL score.

I have already filed a police complaint.

I would like a lawyer to draft a cease and desist letter on my behalf and prevent the said company from communicating with me.

I would like to file a consumer case against them for:

1) Defamation

2) Harassment

Advise solicited from any consumer lawyers based in Mumbai. Please let me know if you have any experience in the matter and how should

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2016

Banking ombudsmen is an authority to settle these tips of cases.so give a complaint to them.

Kumar Doab (FIN) 23 June 2016

On the same email trail submit a fitting reply narrating everything and attach copy of email showing NIL balance.

Ask them to supply full address,with pin code,phone numbers with STD code,Fax number, email id, name with designation of Branch Manager and Prop.of the agency,name with designation of Branch Manager of the bank to which agency reports, and to supply the debt related substantiating docuemnts and conclude that the agent sdent by them did not bear any I.card, letter from bank , proof of debt etc .............................and although you declared with email that NO debt is on you, NO One has stopped from actions amounting to extorting monies from you, and false updation has been made at CIBIL, and agency made defamation/harassment etc etc and demand written apology, compensation policy of the bank/agency, and raise your demand for damages etc............

Record all calls visits (Audio/visual/witnessed/minuted).

You may enagage a very able counsel specializing in banking/consumer matters......................and civil/criminal mattters and wellm versed with defamation.........

Kumar Doab (FIN) 23 June 2016

You may also go thru thread at:

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

Nitish Banka (lawyer) 24 June 2016

You may file consumer case against the bank who has employed agents for wrongful recovery of money and also file injunction suit against agent company, you may also file defamation suit both civil and criminal for spoiling your CIBIL score.

Warm Regards

Adv.Nitish Banka

9891549997