• What to do - need legal advice

Hi, I have taken some personal loans from NBFC banks. About 65% of the EMI has been completed and I was facing some financial issues such that I was unable to pay the rest of the EMI. I have written to the NBFC banks for a settlement or to provide some time or to restructure my loan. They are not ready to restructure the loan and provide me with some time to pay the loan. 
My credit was wet and I became a defaulter. Instead of providing me with a solution, the bank agents keep calling and harassing me to make the payment. Some banks are ready to provide me the settlement in a single EMI which is a bigger amount for me to make the payment and I have asked them to provide the settlement into EMI but there are not ready to provide me the settlement into EMI.
 
I have some queries. 
1) How can I stop the agent's call?
2) Due to some financial issues, I was not able to pay the EMI, but I am ready to pay if they provide some time or restructure the loan. How can I get this done? 3) Can other banks block my savings account?
4) Some credit cards are charging more interest and asking me to pay the complete amount in a single EMI as a settlement, as  I have mentioned by providing settlement on principal into EMI. but they are not accepting that.
5)There is some WhatsApp chat where the agents have mentioned that a collection person will reach out to my address and collect the amount. Can it be possible? 
6) Is any lawyer interested in sending the notice to the back on behalf of me? If so, what will be the charges?
Asked 1 year ago in Criminal Law
Religion: Hindu

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9 Answers

- As per the RBI, the bank should give proper time and offers for the settlement of loan amount. on the ground of health and sudden loss.

1. You can lodge a compliant to the  police and higher official against the said agents of bank for the offence of threatening and extortion , as it is illegal to call or harass a defaulter for the recovery of the loan amount. 

2. If you will not pay the amount within the prescribed time given by the bank , then the bank may start legal action against you after sending the legal notice or filing a case for the recovery

- If they file a case, then you will get much time for the refunding of the amount by the court. 

3 No

4. Reply as no.2

5. Yes, they can harass you after reaching your home or place of work , then in that eventuality you can ifle a compliant against them 

6. You can contact me for further suggestions and to send a notice.

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

File a consumer case against the  bank. First send a legal notice

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

You can issue a legal otice to the bank instructing them to stop indulging in illegal activities by sending agents to your home and keep threatening you in the excuse of demanding the defaulted loan amount.

You can ask them to take proper legal action as per law for recovery through court instead of sending collection agents to your home or office.

You can give a complaint to the police in this regard and take legal action against the bank and its agents.

You can contact any lawyer either from this forum or outside and issue a legal notice to the bank as a first step towards this harassment.

 

T Kalaiselvan
Advocate, Vellore
84857 Answers
2188 Consultations

5.0 on 5.0

Complain-to RBI against the recovery agents

 

2) you can also file police complaint against recovery agents threats

 

3) you cannot force them to restructure the loan

 

4) you are bound by terms of your agreement with banks providing you loans

 

5) legal fees vary depending upon lawyer engaged by you  

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Wait for summons to be served 

 

2) engage a lawyer and apply for bail in 138 NI case 

 

3) cheque bouncing cases take 6 years to be disposed of 

 

4) You have to make application for settlement before trial court and not RBI

 

5) Given that the primary purpose of Section 138 of the NI Act is to ensure compensation to the complainant, the NI Act also allows for parties to enter into a compromise, both during the pendency of the complaint and even after the conviction of the accused.

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Do as directed yes you can inform rbi ombudsman

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

- Section 138 read with section 420 IPC is related to cheque , it means that if you have given bank cheque to him as a security of the loan amount , then they can file the case against you. 

- However, if files a case then you will get much time from the court for settlement of the matter. 

- If a case filed before the court, then the RBI having no authority to interfere for the same. 

 

You can contact me, if further details suggestion needed

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

You will be safe only if they approach court for remedy.

You were advised to send a legal notice through a lawyer warning them of the consequences if they indulge in such illegal activities, so better approach an advocate immediately in this regard.

Once they approach court you will have sufficient time automatically to settle the matter at your convenience.

T Kalaiselvan
Advocate, Vellore
84857 Answers
2188 Consultations

5.0 on 5.0

Reach out to them through a lawyer, calling upon  them to stop using indirect measures of recovery which have the effect of harrasing. Side by side, moot a proposal of one time settlement/compromise. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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