Recovery agent troubling me and my friends
Hi, Yesterday recovery agent from HDFC called me and said that my father has taken personal loan from bank and last EMI was paid on 2009 from than he didn't paid, I told him that because of family dispute i am away from my father and i don't have any type contact with me, he tired to take every information from me. But i told him again and again i don't have any links of him and I don't know from where they got my number from. today in at evening they contacted my sister-in -law and her friends and also called my office friends and inquiring about me and family and asking details of my father and disclosing his loan amounts, I don't know from where they are getting these number and after 7 years they are contacting us. Seriously i don't have any contact where my father is. I called them and told not to disturb my friends and kindly help me what should i do in this. Is there anything that they will recover the amount from me. As i am already struggling family expense. Kindly Help.....
Asked 2 years ago in Civil Law from New Delhi, Delhi
1. Next time they call you, audio record their conversations with your objection for disturbing you,
2. As per Supreme Court order, Banks can not employ Recovery Agents to coerce the defaulting borrowers in realising the outstanding,
3. After collecting adequate evidence of the alleged harassment, lodge a police complaint against the Bank and the agents harassing you.
1) claim of HDFC is barred by limitation
2) suit to recover loan outstanding should have been filed within period of 3 years .
3) you are not liable to pay your father debts if you have not inherited any property from your father .
contact a lawyer and inform him the situation, tell him to issue a legal notice to H.D.F.C Bank regarding the threat calls from their agent.
also in addition you can take down the number of the agent who is calling you, your sister in law, if the calls keep coming at regular intervals, then lodge an NCR at the local police station, this should solve your problems.
1. You are not liable for the liabilities contracted by your father. The lender can proceed against your father alone for the debts incurred by him.
2. Recovery agents are known to harass the borrowers and their family members. You can go to the nearest police station to lodge a complaint against the bank and the agent who spoke to you.
When you receive a call next time, collect the details of the person calling you and can issue a warning to him to restrain from indulging in such undesirable activities against you or with your friends. If he is still not stopping from doing such illegal acts, you may lodge a complaint with the police for taking proper legal action against him for issuing threats and also defaming your name and fame among your friends without any base or right.
This will make him stop making any advances in future in this regard.