Dear Sir, I was working in Abu Dhabi till 2014. I had a credit card and was paying the bank from Muscat. I lost the job and had no money to pay. It was just Rs.60000/- UAE 2000 dirhams. Now the recovery agents are calling my parents land line threatening that I will be arrested in India or they know how to recover and harassing me and my parents. I replied to them saying that I can pay in installments and also 80000 not 1.3lacs they claim. 1 What should I do? Will I be arrested in India? 2 Can they send goons and get me killed or break my bones? 3 Please advise on the legal aspect of this harassment.
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If you are getting threatening calls, you need to file police complaint first.
Later, you can settle the due with the bank. But not through duress. Do not deal with Agents directly, Contact the bank directly with the offer for settlement. Negotiate a good deal with Bank.
You may be arrested in India where ever you found. According section 3 IPC and 188 Cr.P.C. offence committed beyond India is also punishable in India and if foreign country demands extradition section 188 empowers the government to extradite. They cannot kill you or give threats, if they do so they commit offence. Try to settle this issue with bank.
NEXT TIME you or your parents receive a call - immediately call 100 / police give them the phone number and tell them you are getting death threats / threats from the recovery agents .
a. Credit card is an unsecured loan hence no one can force you to pay - stay calm
b. No Bank can send goons to beat you up....they outsource to agents and these agents do all these mischievous calls . Just complain in police and you might not receive a call ever from the bank.
c. In case you want to pay , speak to the bank directly which issues the card and TELL them that you are willing to pay just the principal . The bank will agree - also do take a no dues certificate once this is settled as your CIBIL rating would have gone for a SIX by now.
1 What should I do? Will I be arrested in India?
This is not a crime committed in India that they will arrest you. This is crime involving loan and default in repayment so they have to initiate only legal process.
2. Can they send goons and get me killed or break my bones?
They cannot take law into their hands. If you receive any calls, record them and make a complaint against the caller with the local police for initiating legal action against their threats.
3 Please advise on the legal aspect of this harassment.
If you are ready to make the payment, you may negotiate the amount, if they dont agree, ask them to proceed legally and not to handle illegal things against you or your relatives, failing which you have solutions to tackle them legally.
1. Unless there is a warrant to arrest issued against you the arrest cannot take place.
2. The bank can file a lawsuit to recover the amount from you, which you can contest in defence.
3. File a police complaint for criminal intimidation against the bank to the nearest police station. The practice of employing recovery agents to intimidate the borrowers has been deprecated by the SC on numerous occasions.
Sir, what is this answer signify? The bank is not accepting the principal amount I was told by the agent. Kindly advise on below answer. "You may be arrested in India where ever you found. According section 3 IPC and 188 Cr.P.C. offence committed beyond India is also punishable in India and if foreign country demands extradition section 188 empowers the government to extradite."
THIS answer clearly states that there is nothing illegal BY law you have done, you took / used an unsecured loan and was unable to pay. Now you are willing to pay too. Hence approach the bank directly if you want to settle your disputes / credit card payments.
Kindly understand that AGENTS are the RECOVERY AGENTS authorized by banks to get the money , the banks does know about the wrong practices used by agents but dont do anything to it. These agents get commission on any money they are able to get the bank from people like you.
IN your case call the bank on their customer care number and speak to them to settle down your payments. 99% of the banks agree and settle the payments. Pay only the principal money.
AGENTS are no one to tell you whether the bank will accept the principal amount or not. Speak to the bank. In addition the research / or information of IPC done/ given to you is wrong as you have not commited any offence / crime.
"You may be arrested in India where ever you found. According section 3 IPC and 188 Cr.P.C. offence committed beyond India is also punishable in India and if foreign country demands extradition section 188 empowers the government to extradite."
The above will be only when there is a very serious issue involving both the countries having alerted the Interpol for a grievous cheating offence. I dont think this has reached to that extent, the banks might have engaged collection agents for recovery in a usual and routine manner hence your issue may not be of great concern especially when you are ready to settle the borrowed amount by seeking time.
1. The question of arrest will arise only if there is warrant issued against you.
2. The UAE bank can either initiate the legal proceedings against you in UAE or India. If a warrant is issued by a court in UAE it can be executed by the bank in India through an Indian court.