hemanth (farmer) 14 May 2015

Recovery agent harsement

Hello distinguished gentlemen and women of this forum.
i had taken a personal loan in 2007 and defaulted in 2010 due to the recesation and closure of my business, I comunicated to the bank my intention to clear the balance at a discounted amount since i had some saving to do so, They refused to do so and in mar 2010 sent me a legal notice, since i was already in dificulty i over saw this issue and did not respond to the notice. now after 5 years and no comunication from there side a person claiming to be there recovery agent threatened me to payup, immediatly i filed a case in the local police station they filed a civil case, I also wrote a email to the bank about this harresment, after this the agent was called to the police station to give a statement. the agent constantly calling me and coerce me to give the payment and my address..
i request your knowledge and experties in this matter.
1) as per the law the loan is time barred!(over 5years)
2) can they file suit now using security chq(not blank)
3) can i get a injunction against the bank to prevent further harresment?
4) does sending a email of the harsment canel the limitation.

My intention is to pay my dues but the way the banks are break the law with impunity we need to stand up and uphold the law.
Thank you
regards

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8 Replies

bsrao 14 May 2015

Sorry for your misfortune.

1. It depends whether it is a term loan or demand loan.

2. They can sue but you can resist in the court by filing your version.

3. You can but you'll go on record. Your choice.

4. No. Limitation has nothing to do with communication.

To avoid calls, you can change your contact number like you changed your address.

hemanth (farmer) 15 May 2015

Thank you for your concern and reply.

Sir The loan was term loan, if you can please elaborate on point 2 and 3, my previous home is owened by my parents but they do not stay there, my intention is not to run away.

But after this bitter experince would like to know my legal standing.

regards

bsrao 15 May 2015

For term loan, the limitation is 3 years from the last installment due.

On 2, I meant that anyone can sue anyone. You can't stop them from suing you.

On 3, you can file a case against the Bank, but then you'll be the complaining party before the court and you'll file an affidavit narrating facts. This may be used against you later.

hemanth (farmer) 15 May 2015

Thank you for the information, I can give the facts and face the legal route.

since the police treated the complaint as civil in nature, how can i convert it to criminal case, since the agents threathed me!!

Kumar Doab (FIN) 18 May 2015

Record all calls.Ask the manger's name,addres,phone numbers,email id's.

Bank has to maintain list of recovery agents on its website.

Escalate to MD of the bank and make him/her party and escalate to RBI.

Reject the calls.

Go thru:

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

hemanth (farmer) 20 May 2015

Thank you Mr Kumar, The same has been done, I have recorded the conversation, complained to the bank via email, complained to the local police station(they have filed a civil case and asked me to approace the civil court to file a case), I have also complained to the banking ombudsman.

Every time this person calls i ask him for his agency name and his desgnation, He does not provide it.

Kumar Doab (FIN) 20 May 2015

Ask the MD and local BM and Local Recovery manager that since the calling person does not state his/her name/agency etc they should supply to you ....in writing (by Redg. Post) the name (1st+middle+last name) of calling person,designation,name of recovery agency,address with pincode,phone numbers with STD code,mobile number,email id and name (1st+middle+last name) of the Prop/Director/MD of the recovery agency, and name (1st+middle+last name) of Bank's personnel that is I/c of the agency alongwith designation,address with pincode,phone numbers with STD code,mobile number,email id ..........................

Your lawyer could have succeeded in filing a criminal complaint.............

Proceed further under expert advise of your lawyer.

hemanth (farmer) 20 May 2015

I did ask for the agent to provide this information via the banks offical email id but another person just emailed me stating to contact this agent, this email had the banks contact details deleted.

I forwarded this email to the banks offical email id mentioned on there web page and nararted the whole incident, with the recording and asked to authenticate the person, there has been no responce from the bank.

Thank you all for your support.