• Harassment

Sir, i used credit card in dubai, i came back to india, i cannot pay money, now one of  agency in india bikish asking pay money, they have  right to ask  pay money, now i dont have money. and they calling my wife mobile and harssing, i fearing, how to handled them.
Asked 5 months ago in Civil Law from Hyderabad, Telangana
Hello,
1) If you have used the credit card you are liable to pay back. It appears that since you have not paid back the bank has given it to a recovery agency to recover the money from you.

2) However, no one is authorized to threaten you or harass you in various ways as stated by you. The bank must adopt legal ways to deal with the unpaid debt.

3) To stop the harassment to your wife, you and other members of the family, you must lodge a police company against the recovery agency. You will need to gather the mobile number, name and address of the persons calling you and harassing.

4) You also need to take steps to to repay the card provider. As you are short of money now, you can negotiate with the bank to either pay installments or settle for an amount agreeable. Write a letter to the bank/ card provider in this regard and keep a record of the same.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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when was last payment made by you on credit card ? please clarify 

2)if any agency is calling your wife harassing, and threatening  her she should record  the calls and file police complaint against the agency of criminal intimidation under section 506 of IPC


3) your wife is not liable to pay your debts 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
issue instructions to your office security personnel not to allow any such agency employees entry in the office 

2) your wife can change her mobile number

3)also file complaint with the bank regarding strong arm tactics adopted by agent . bank is bound to investigate your complain
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Paying the borrowed money is the natural duty of a person. If you are used the credit card it is your duty to pay the debt. But no one can enforce the money by threat. They can realize the money only through legally. If the threat is going in high range file a criminal case against them before judicial first class magistrate court and seeking protection. 
You can file complaint before cyber sell through your wife for getting protection from the said phone used/ owner person. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1) the remedy of bank is to file summary suit to recover its dues 

2) agents cannot harass you and yiur family members 

3) if they come to your house and threaten you go to local police station and file complaint of criminal intimidation as advised earlier 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
 i used credit card in dubai, i came back to india, i cannot pay money, now one of  agency in india bikish asking pay money, they have  right to ask  pay money, now i dont have money. and they calling my wife mobile and harssing, i fearing, how to handled them


If you have used a credit card and availed the benefits, it becomes your duty to repay the same.
You cannot escape the liability by fleeing that country.

If the authorities at Dubai decide to report the matter to the Indian police or any other law enforcing authority in India, your position  will be in trouble.

The police or any other authority may initiate legal action which may not only embarrass you but also would ensure punitive action as per criminal  law though it may take time for the credit card agency to recover their dues. 

Thus, owing to the inordinate time delay in recovering the dues, the Foreign agencies appoint their collection agents in India for recovering their due amount and this is not only in India, but they appoint such agents across many countries to recover their dues from defaulters according to their own strategies or local laws.  

No doubt the agents in India cannot take law into their hands for the purpose of recovery of money in any manner as per their desire.  

The agents here in India cannot trouble or harass your relatives for the recovery of your dues to the company.
If your wife is being harassed by such agents she can lodge a criminal complaint against those hooligans in the guise of collection/recovery agents.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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if they come my office i will lost my job, they never come to my office, home and don't call to me and my family number what should i do. how to put harassment case against  bilkish

You collect the details of the caller and warn them of their advances and instruct them to restrict if they dont listen then you may either send a legal notice or lodge a complaint agaisnt them with the local police. 
Why dont yo enter into a repayment terms with them instead of undergoing all these troubles?
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
they know my  address, if they come to my house my family members will fear, what is the possible way  stop  to not come to my office and house,  i paid last credit card bill feb,2016. i am trying to settlement but they are  not accepting. the bank name is RAK Bank in dubai.

If you are ready to repay the dues as pr your terms, you may first issue a legal notice to the bank or the agents who trouble you or lodge a criminal complaint agaisnt them.
Let the police summon them and mediate the terms so that the agents do not call or indulge in further activities agaisnt you this way. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Go to the nearest police station to file a criminal complaint for criminal intimidation against the agency as such tactics are not allowed by the law. The maximum which the bank may do is to file a suit for recovery of money against you, which you may contest.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0

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