Loan recovery harrassment
P.C.gupta
(Querist) 18 March 2015
This query is : Resolved
dear sir/madam,
I had taken personal loan from HDfc in 2010 based on my job in a pvt company.i paid more than 50% of loan but unfortunately my company shutdown it's business due to no project and i loosed my job from then i was unable to pay emi.In the yr 2012 i faced a serious health problems and i came to know that iam suffering with brain tumour,now iam in paralised pasition & fighting for earning daily bread to my family.In recent days one of the bank official is calling me & harrasing me.iam unable to argue with him.he is not listening my version.pls help me in this situation,i cant repay the outstanding amount as my position is very bad.pls suggest how i can get out this tension.i have all my medical reports also.
waiting for reply soon
Regards.
M/s. Y-not legal services
(Expert) 18 March 2015
You are liable to repay your debt. If you are default in repay, banker will initiate recover tthe debt.
They have no rights to harass you. same time your responsibilty can not waived. You can ask time for repay. But can not escape from your liabilty while the property is avail in your name..
ajay sethi
(Expert) 18 March 2015
if more than 3 years have passed since you paid last installment claim of bank is barred by limitation . if you are harassed by bank officers file police complaint of criminal intimidation against said officer
Kumar Doab
(Expert) 18 March 2015
Approach a lawyer handling such/consumer cases.
Record all calls/meetings (audio/visual).
Drive the discussion and narrate that you have ALREADY informed that you are sick,bedridden,incapacitated, and he/she is harassing/tormenting since………………….days/date…………….and you are being bombarded with repeated calls……………times/day (prepare a list)…………………………..ask him to speak his number (s), name of recovery agency/address/phone number of office and Name/designation/address/email/phone/mobile number of official of M/s HDFC Bank that is his I/C……………..
Each Bank has to maintain the list of recovery agency on its website.
You can escalate to MD of M/s HDFC bank; Aditya Puri:
aditya.puri@hdfcbank.com
Governor RBI:
governor@rbi.org.in
and attach call recordings………………….
You can lodge police complaint.
Once you have gathered evidence you can approach court of law.
The bank may agree to settle at Principle amount.
You may go thru many similar queries at:
http://www.lawyersclubindia.com/forum/default.asp#.VQlGthmqqko
Just punch in key words in Box on Right Hand Side ’
Search Topics and Posts’ :
e.g.;
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=ICICI+Bank+recovery+agents+harassment&B1=GO
You can download Supreme Court of India judgments…..pertaining to recovery agents….of the banks.
Don’t borrow if you can’t pay.
The first thing borrower should do is to pay the debt and do anything else later.
Kumar Doab
(Expert) 18 March 2015
Mr. Sethi is right.
If there is no admission of debt in last 3Y the recovery can't be enforced.
However the bank may still keep your name in list of defaulters.
Settlement is also adverse entry........and shall continue to effect the credibility and credit score.
