You may revert to the points raised by Mr. Chellapandian.
If the matter is more than 3 years old and in the interim you have not issued any communication acknowledging the debt then your lawyer may opine that it is barred by time.
Your lawyer may opine to:
---Declare the debt as time barred. Being Time barred the recovery can not be enforced.
Hence the ARC/Recovery agency that has bought the debt at throw away price is resorting to tactics to make a fat buck.
But the delinquency may continue to feature in credit bureau’s like CIBIL. If it
---Deny acknowledging the debt in writing.
--- demand that the Original Creditor M/s ABN AMRO should supply you in writing that it has sold the debt to M/s Kotak , and M/s Kotak should supply you in writing its credentials and the proof and existence of debt.
Demand that M/s Kotak should supply you in writing specifically that they have authorized the callers calling from phony numbers…………………………….and mention full name of agency, its prop, address with pin code, phone number, registration number, email id, fax number, website, etc……………
---Ask the caller to stop calling you at once. Real debt collectors should stop calling you the moment you ask them to do so.
Your phone is your personal property and only the one that has been permitted can enter your property.
--- to ask the persons/entities calling you if the debt is time barred.................................and it is up to the calling person to speak the truth or not............................... to you. However he should speak the truth.
You can also ask the collector about the last date of payment and admission and acceptance of debt as in record...................................it is up to the collector to speak the truth...........
Even in such cases the borrower needs to dispute the debt and should issue and supply the notice within say.....................................30 days and must highlight that he wants to verify the debt and details.
The collectors must supply the details and verification to borrower and must stop calling till they supply it.
Each CC company, ARC has to maintain the list of collection/recovery agencies on its website.
You can lodge a complaint with police, RBI, BO, DCDRF, ………….
There are many threads on similar queries that you may find relevant e.g;
https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
However in this matter you must proceed under expert advice of your lawyer.
