• Harassment from recovery agent

I have been recieving calls from a recovery agents regarding my credit card that i was holding when i was in UAE. But i returned to indian 3 years back.
I told them that i will pay when my financial condition will be ok.
But they are threatening me calling my family relatives friends office.
Calling every one and discussing my debt and asking to give me money.

Please Help me.
What to do.
Asked 1 year ago in Criminal Law from Mumbai, Maharashtra
Religion: Muslim
1. Recovery agents have no authority of law to recover the money. The bank or concerned financial institution can at the most move to court for recovery to recover the amount which is due to it.

2. You should lodge a complaint for intimidation to the police. The caller and the officials who sanctioned the use of recovery agents can be arrested.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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1. Lending Banks can ot send recovery agents to forcibly recover dues from defaulting borrowers as has been ordered by the Supreme Court,

2. Lodge a police complaint againstbthe said Bank and its Recovery Agent for harassing you,

3. If police fails to act, file a petition u/s156(3) praying for direction upon thenpolice to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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Hi
 1. The bank may have reported to CIBIL and  have an entry of your name in the defaulter's list.

 2. No what they can do is only use pressure tactics and trouble you to get the money b y way of threatening calls or intimidating your relatives and family.

3. Your legal option to deal with this situation is.

        a) . File a police complaint, by giving the details and the mob.nos of the caller, if possible with names.

         b). next time when they call you tell them that you have initiated legal step and will be going ahead with it.if the bank  wants it has to recover it from you legally and for that it should  approach a court and send you summons.if it happens you will get enough time to defend and  to pay back if you desire so.     But  usually credit card disputes are written off as bad debts and the banks report it o cibil which will get you a negative/bad credit score, So to avail future loan or to maintain your credit score you will be forced to pay it off completely.

4. If bank approach you for settlement, it is not advised to go for a settlement as unless and until you pay off the full amount what reflects in CIBIL  record to the bank and insist them to  delete the the name from the defaulters list in CIBIL , your credit score will not be corrected.   

finally get the help of an advocate if you receive nay notice/summons which may not happen. 
if you feel the threat and trouble is increasing send a legal notice to the bank for the same.There is guideline issued by RBI in terms of recovery fro banks and the method they can take and the recovery agents are not approved by RBI. The recovery agents are private agency entrusted by bank .
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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File a complaint against him/her before police or court, recovery agent have no right to harassed you by these type of the activities.

even you may file a civil suit for defamation or criminal complaint against him for defamation u/s 499/500 of IPC.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0

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