Harassment by recovery agents
Suresh
(Querist) 21 December 2013
This query is : Resolved
Hi,
My father had availed credit card 15 years back and i am not aware clearly but he had cleared all dues.
After 6 years he started getting calls saying he has not payed the dues and they have charged the penalty interest to 4 lakhs.
One day he got a letter from advocate asking to attend a civil court.
My father had multiple organ problems due to diabetes and was not in condition to step out of the house, all these info was shared to us later on.
My father expired last year,Suddenly i dono how but someone got my number and called me and started asking if i were my fathers son and that there is a court order in my fathers name and started abusing and harassing me, when i said my father is no more he abused me more and threatened me and kept call.
He knew my house address and my place of work.
He threatened me he will create havoc at my work place.
I want to know whether:
1)Since my father is no more will this issue be resolved/become void.
2) Or will the issue be passed on over to me since am the heir.
Pls help, I am actually in lot of debts due to my father's ill health and now because of that call i have lost peace of my mind.
Seemed like he was a recovery agent.
Guest
(Expert) 21 December 2013
You are not liable to repay this particular loan of your late father.These Recovery Agents will not have any permanent address and they keep changing also.You just ignore them and handle them tactfully with out approaching the banks.When things go beyond control seek the help of police.Do not sign any paper or Strictly do not issue any cheques for temperaory reliefs which would drag you to trouble
Suresh
(Querist) 21 December 2013
Thanks a lot for the advice Mr Narasimha, Thats a great relief Thanks again. I will follow your advice.
Devajyoti Barman
(Expert) 22 December 2013
The author is boycotted by experts here.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
does not appear to be the same person.
Let us see how he behaves with this query.
Sudhir Kumar, Advocate
(Expert) 22 December 2013
You need to meet the nearest available advocate with papers.
facts given by you indicate that the debt is time barred and your father could not have been sued.
Biswanath Roy
(Expert) 22 December 2013
Immediately you visit and take help of an experienced criminal lawyer to draft a written complaint against the anonymous threat phone calls mentioning time. date and phone number of the caller and file it in the local police station and serve a copy to the Superintendent of Police of your District praying legal protection. Simultaneously you may proceed to criminal court and file an application under Sec.156(3) Cr,P.C. for a direction upon the O.C. of your P.S. to investigate the complaint and to report. This measure will also save you from any untoward incidents that may occur at your working place. According to law if you inherit deceased father's property then you are liable to pay his debts left behind.
ajay sethi
(Expert) 22 December 2013
agree with experts
Kumar Doab
(Expert) 22 December 2013
The matter is also hopelessly time barred.
Your lawyer would know how to deal with it.
Record all such calls and events (audio/Visual).
Keep your locality and community by your side.
If any one invades your privacy give them a good beating of mind.
Biswanath Roy
(Expert) 23 December 2013
Now a days Bankers engage bouncers as recovery agent who often heckles innocent people to extort money. Although glaringly the bouncers act illegally there is hardly any rule or law to curb down their actions. Considering their such illegal actions I REITERATE MY ADVICE.
Kumar Doab
(Expert) 23 December 2013
Agreed with Mr.Roy.
Record the audio/ visual.
Drill the sense into heads and give them a good beating of mind.
Once you succeed put the audio/visual and decision of your case online at various portals.
There are many citizens who do it:
http://annkur.com/2012/05/audio-the-police-officer-on-behalf-of-airtel-fir-threats-etc/
Tame and shame them and help your fellow countrymen.
There are many citizens that have made them learn a good lesson to the extent:
- that Regional Head had to travel from National Capitol to the o/o Lawyer of Card Holder and there he touched the feet of CC holder and begged for apology along with local staff. He was given free copy of his acting to show to his masters and his family and friends and let them know what his job is...........................................
-the so called agents were made ‘Murga’ and go thru ‘Chitter Pared’ and handed over to police
The locality boycotted M/s ICICI, M/s HDFC.....................
This nuisance won’t end till it is ended by citizens and countrymen in their respective localities.
RBI feels that banks are so innocent and hapless that they are to be given free hand..................................
The latest is that if min. amount of CC is not paid the a/c be declared NPA after 90 days.
RBI has shied away from instructing the bank and bankers to send all communications by redg. Post only.
NO bank agrees for sending communications by redg. post easily.In private the banks murmur that where else bank shall get interest @ 2.75% per month...............
T. Kalaiselvan, Advocate
(Expert) 22 December 2013
