Legal process for recovery
Querist :
Anonymous
(Querist) 14 May 2018
This query is : Resolved
Dear sir,
My Question is Legal process in india to Recover Personal loan given by Gulf bank. which is time barred at present. 1.Can Recovery agent are authorised to take legal action for time barred debt. 2.Is it civil crime or criminal crime. 3.whether Police will arrest to recover time barred debts 4.What is limitation period for recovery. it is already 8 year old debts.
Guest
(Expert) 14 May 2018
Recovery agents can loose hell on you to recover each penny of the foreign bank due for the sake of hefty commission they may get for realization of the loan dues.
Why do you talk about time bar> Time bar in India may not be time bar in foreign country caws. They have the tactics to keep the case alive on their record, which you may not be aware of.
But question arises, when got loan, why you are reluctant to pay back the same.
Ms.Usha Kapoor
(Expert) 15 May 2018
Gulf bank recovery agents suck youir blood till you pay their loan.So it's better you settle with that Bank in Gulf.
Ms.Usha Kapoor
(Expert) 15 May 2018
You are right. The debt is time barred. You need no reply to any future notice they send. If they file a case in the court, take limitation as your defense.
Just ensure that you have not signed any letter where you have accepted the balance amount payable to them. If any such letter is created, a new limitation of 3 years is started from that day
Ms.Usha Kapoor
(Expert) 15 May 2018
You are right. The debt is time barred. You need no reply to any future notice they send. If they file a case in the court, take limitation as your defense.
Just ensure that you have not signed any letter where you have accepted the balance amount payable to them. If any such letter is created, a new limitation of 3 years is started from that day
Querist :
Anonymous
(Querist) 15 May 2018
Dear madam,
thanks for your advise, I have not signed any documents. But they send me email for balance due and few conversion with me for settlement discounts.
whether such mails will be considered as acceptance of debt.
Guest
(Expert) 15 May 2018
Mails, if not responded with any objection becomes the evidence of admission of debt.
Guest
(Expert) 15 May 2018
You can feel free to the latest advice of Ms.Usha Kapoor, provided you are ready to face unending harassment till recovery, besides several times of expenditure on litigation, if she considers the debt to be time barred, when you have not made any mention about the dates of mails. Corporate offices are much more alive to the laws, rather than a layman debtor, like you, and inexperienced theoretical fake experts, like Ms. Usha Kapoor.
However, if yours is not a real problem and is merely a hypothetical academic query, any answer can do to satisfy your other theoretical class teachers.
Ms.Usha Kapoor
(Expert) 15 May 2018
The querist has asked us Indian way of dealing with a time barred debt etc. Recovery agents are Indians.That means you'ven't read the query properly;y. First keep your house in order before pointing your dirty fingers at other houses.
Querist :
Anonymous
(Querist) 15 May 2018
Dear members,
Kindly do not fight.If you have expertise kindly share it.
Guest
(Expert) 15 May 2018
@ Ms. Usha Kapoor,
If you pretend to have given right advice based on the Indian laws, you have willfully ignored the fact that the querist has clearly written about foreign country debt (gulf Bank). Not only that, you have also advised through your own advice that "Gulf bank recovery agents suck youir blood till you pay their loan.So it's better you settle with that Bank in Gulf." I have already pointed out in one thread that you are very forgetful what you had earlier posted and what you say later in the same thread that contradicts your own statement.
So, where is the relevance of your present statement, where you have stated, "The querist has asked us Indian way of dealing with a time barred debt etc. Recovery agents are Indians."
You seems to have lost your commonsense in totality and unable to realise, it is not the Indian agents, who matter. Rather it is the foreign bank concerned, whose debt is related and they cannot be expected to file a case in India. They would be free to file their civil or criminal case in their own country. Debt is time barred or not that is relevant to their own country, not your country.
Moreover, nowhere the querist has specified in his query, "the Indian way of dealing" as pretended by you.
SO, IT IS YOU, WHO HAVE THE DIRE NEED TO KEEP YOUR OWN HOUSE IN ORDER, BEFORE POINTING OUT FINGER ON ME. Day by day, you are proving more and more as a quack, rather than having even some small legal knowledge, in spite of your LLM Degree. Your Degree now seems to have no value more than merely a piece of waste paper, as is revealed well from your entirely vague, irrelevant and misleading posts.
.
Ms.Usha Kapoor
(Expert) 15 May 2018
emails do no0t confer any rights on them to harass you. unle3ss you make a fresh commitment./Don't pay also part of debt which gives rise to fresh start of limitation.If recovery agents are harassing you file a police complaint against them.
Querist :
Anonymous
(Querist) 15 May 2018
thanks madam for your advise
Ms.Usha Kapoor
(Expert) 15 May 2018
You need to go to Gulf or appoint a SPA or Representative or a clever and intelligent lawyer to tackle your time barred debt of the Gulf Bank. The procedure is there in the following link. Please cli8ck the following link and find answer for all your queries regarding Gu7lf bank time barred debt. If you send a skillful Negotiator the gulf Bank Officials substantially reduce the4 amount of debt and your representative4 would come out with a laughing face.
https://gulfnews.com/guides/life/law-finance/uae-bad-debts-how-runaway-borrowers-can-clear-names-return-to-uae-1.1947899
Guest
(Expert) 15 May 2018
@ Ms. Usha Kapoor,
So ultimately, with your latest post, you backed out from your initial advice, as proved bad illogical and misleading.
Ms.Usha Kapoor
(Expert) 15 May 2018
Indian part is over. Mainly Gulf bank procedure I've provi8ded in a link.That is more important..
Guest
(Expert) 15 May 2018
Indian part was never required with reference to the foreign bank loan. No plea can justify your original vague and misleading advice.
P. Venu
(Expert) 15 May 2018
Legally, the recovery cannot be effected in India. Of course, the Government of the Foreign the country could extradite you and make you face the law there, if such treaty exist between India and that country and requisite conditions are satisfied. As regards to recovery agents, there is law to protect you against their unlawful acts. Of course, this is the theory and there could situations where the theory may not match the practice or the reality if the amounts involved are huge and the issues involved, deep.
rajeev sharma
(Expert) 15 May 2018
A very interesting discussion is going on. What I could not understand how a resident of India may get a loan from a gulf Bank unless that bank has a branch in India or the person was residing in a Gulf country. If the loan transection was made in India it is governed by Indian laws and if it took place in a Gulf country then it is governed by laws of that country. In the later case I think very few experts may be having knowledge of laws of that country. If the transection took place in India then deciding whether it is time barred depends upon appreciation of facts. I fail to understand how without having appreciated the fact one can give her /his comments . Employing recover agent by bank is fully legal. RBI has laid down certain code for their working and recovery agent may not suck out blood of any defaulter. Having said all i do not think that any one who want to not to repay public money is worthy of any advice.
