Car loan company agents harassment
Shaz Sayyad
(Querist) 16 February 2017
This query is : Resolved
Hello,
This happened with us. My wife took a Car loan on her name 5 years back. Due to some issues we felt back on the payment which was through ECS. But as soon as our situation improved we started clearing the payment.
Just three months back we had some 4 installment pending, I called up the Collection person from the bank and asked him for a closure amount so that I can pay the entire outstanding in one go. He told me to pay Rs.68k and I paid the complete amount.
Later, as I didn’t get any loan clearance mail from the company, I called up the collection team for an NOC, but was shocked to hear the officer saying that two of my installments plus some exorbitant interest amount is still pending. I told him that I was given a commitment of a closure and why now this two installment plus Interest demand. The Collection officer did not reply back but started sending recovery agents after us.
Today my wife got a call from one guy stating that he is a Senior Police Inspector from Delhi HIgh Court and he is preparing to send us a Non-Bailable Warrant so wanted to confirm the address. He said that in a day or so they will send us a warrant to arrest my wife.
My question is … is the Non-Bailable warrant possible?? We bought the Car Loan in Mumbai and the Non-Bailable warrant call is coming from Delhi. So can the Car Loan Company issue a NBW from Delhi? What are the actions can we take against the harassing Collection officer? How can we save ourselves from paying the exorbitant extra amount that the Car Loan Company is asking? What are the legal recourse that we have?
Please advise.
Thanks,
Shaz
Sudhir Kumar, Advocate
(Expert) 17 February 2017
read
Today my wife got a call from one guy stating that he is a Senior Police Inspector from Delhi HIgh Court and he is preparing to send us a Non-Bailable Warrant so wanted to confirm the address. He said that in a day or so they will send us a warrant to arrest my wife."
IT IS IMPOSTER. REGISTER FIR.
IN CASE THE PERSON REALLY HAPPENS TO BE EX-POLICEMAN THEN COMPLAINT TO THE CONCERNED DGP TO START PENSION PROCEEDINGS AGAINST HIM.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
is the Non-Bailable warrant possible??
YES POSSIBLE
IF
1. SHE ISSUED A CHEQUE
2. CHEQUE WAS DRAWN ON DELHI BRANCH
3. CHEQUE WAS BOUNCED.
4. COMPANY SENT NOTICE WITHIN 15 DAYS.
COMPANY FILED CRIMINAL CASE IN APPROPRIATE COURT (NOT HIGH COURT DIRECT)
5. SHE DID NOT ATTEND THE COURT WHEN SUMMONED
THEN THE CONCERNED COURT OFFICIALS DO NOT HAVE TO ASK ACCUSED TO GIVE ADDRESS THEY HAVE THE ADDRESS AND SEND NBW TO LOCAL THAN THROUGH LOCAL COURT OF YOUR AREA.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
, We bought the Car Loan in Mumbai and the Non-Bailable warrant call is coming from Delhi.
WHERE WAS THE CHEQUE SUPPOSED TO BE PRESENTED IN WHICH BRANCH THE ACCOUNT WAS.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
So can the Car Loan Company issue a NBW from Delhi?
IT IS NOT THE COMPANY WHICH ISSUES WARRANT. NOWHERE IN WORD. THEY CAN ONLY BE COMPLAINANT AND COURT ONLY CAN ISSUE THE SAME.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
What are the actions can we take against the harassing Collection officer?
AS TOLD ABOVE.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
How can we save ourselves from paying the exorbitant extra amount that the Car Loan Company is asking?
CONSUMER COURT / BANKING OMBUDSMAN AS ADVISED BY YOUR LAWYER AFTER SEEING ALL PAPERS.
Sudhir Kumar, Advocate
(Expert) 17 February 2017
QUERY HAS BEEN PUT ON THE FOLLOWING THREADS
http://www.lawyersclubindia.com/experts/Out-sider-car-parking-619851.asp
http://www.lawyersclubindia.com/experts/Out-sider-car-parking-619841.asp
http://www.lawyersclubindia.com/experts/Car-loan-company-agents-harassment-632196.asp
http://www.lawyersclubindia.com/experts/Outsider-car-parking-in-the-complex-619861.asp
http://www.lawyersclubindia.com/experts/Outsider-car-parking-in-the-complex-619866.asp
Facts have not been clarified even in a single thread.
Anonymous (at times names given) but vague query.
It seems that perusal of papers and site inspection will absolutely essential for anyone to understand your query.
You have not indicated :-
1. who has the title on the land used for parking, when an individual/ Association or Municipality
2. in which capacity Association is interfering
3. what constitution of the Association says.
Rajendra K Goyal
(Expert) 17 February 2017
Author need to reply the questions from expert Sudhir Kumar for further advice.
krishna mohan
(Expert) 23 February 2017
Well advised by expert Mr.Sudhir Kumar. You can meet the Bank Internal Grievance Officer and give a written complaint (or) post in the bank portal detailing the payment and the last payment made as full and final settlement. They are duty bound to answer. You can also inform the bank in writing about the call received from recovery agent and ask them to stop any oral follow up and send reconciled loan account statement so that you can legally respond. If your car is mortgaged you need to take their NOC to cancel the same.
Dr J C Vashista
(Expert) 23 February 2017
It is a question paper for your reply
