Debt collector acting on behalf of UAE bank
A debt collector in delhi engaged by UAE bank went and contacted my employer via email telling them I had a credit card debt with bank telling them my name,passport number and the name of the bank. In the email they also asked my employer to pressurise me to pay or else bank will pursue with police in UAE. I am indian national but working in UK. My employer also UK company asked me to resolve personal matters directly with bank and were not happy with this collection agent contacting them like this via their sales email id.
What is the provision to ensure that my confidential information is not disclosed further by this debt collection agent to my employer? Can I file a case against him in delhi?
Asked 2 years ago in Civil Law from Australia
1) when was last payment made by you ?
2) what are total outstanding dues ?
3) had any case been filed against you in UAE?
4)if more than 3 years have passed and no case filed claim of bank would be barred by limitation
5) bank can contact your employer to inform him your track record and amount payable by you If you don't pay they can take recovery proceedings
6) better settle dispute with bank
Yes, you may file a civil suit for defamation and claim compensation and also get a restrain order against him and his company. under specific relief act and under Order 39 Rule 1 & 2 of CPC
Advocate, New Delhi
The debt collector in Delhi cannot contact your employer for the personal issues or personal loan, it is illegal. Your company need not respond to such calls made by a third person to an issue not related to your employment at all. They can reject the calls stating that is is a personal affair of yours and they have no right to contact them on personal liabilities. You can inform your employer about this.
You can write to the agent to not to venture into such illegal activities and if at all he has any claim, ask him to proceed legally either through police or through court. You can even issue a legal notice to this effect through your attorney.
However, it becomes your responsibility to clear the debts or loans availed by you and should avoid such embarrassing situations lest this may draw adverse inference to your own future and career.
1. Debt collectors have no sanction of law.
2. The debt collector should not have contacted your employer under any circumstances. You may issue a lawyer's notice for defamation to him.
3. To prevent the disclosure of the confidential information to your employer you may issue another lawyer's notice for restraint to him.
4. If he does not mend his ways even after the notice from your lawyer then you may move to court and seek a restraint order against him.
5. If the debt collecting agency is based in Delhi then you may launch the legal proceedings in Delhi.