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Credit card

(Querist) 21 January 2016 This query is : Resolved 
Hi sir , my name is Debaditya and I am from Delhi , 2 years back I took a credit card from icici bank , and I was offered a limit of 25000, every month I used to pay the dues and in total I see I paid 66000, for the last 3 months I couldn't pay as I was out of job and I mentioned the recovery agent as well. But now I have a job and I asked them for an extension till end of this month. But still I am getting harassed by numerous phone calls and they send the agent to my home and abuse me . please let me know if they continue doing that should I call up the police to my home and file a complaint?
rajagopal.s (Expert) 21 January 2016
Hi
First are you willing to pay your credit card dues? if so then ask the bank to finalise the amount and pay the same in one go if possible or make payments in installments. any way because of your default your credit scores would have taken a huge beating. so in your interest, i advise that you negotiate with the bank directly and agree for settlement in a manner mutually accepted to both of you.
ALso recovery agents are not employees of bank. they are agents who get paid a small fee for all repayments done by you. they keep offending customers like you which is prohibited in law. you can choose to complaint against recovery agents, but it will not absolve you of your loan liability with your bank.
Kumar Doab (Expert) 21 January 2016
Settlement is also an adverse entry.

By now the delinquency would have been reported to CIBIL & others credit bureau's.


You should negotiate so that bank calls back your name from defaulter's list and settlement does not affect your loan taking ability in future.

The Bank shall not agree to it easily.



Record all calls visits (audio/visual/witnessed/minuted) and lodge complaint with police and MD of the bank.


If you are unable to resolve then entrust to an able counsel.






Rajendra K Goyal (Expert) 21 January 2016
Recovery agents are not supposed to misbehave, record proofs and lodge police complaint. If police refuse to lodge, file direct complaint to the magistrate under section 156(3) Cr. PC.
Adv. Yogen Kakade (Expert) 22 January 2016
Even if you are defaulter in the repayment.. the bank or it's agents have no legal right to misbehave or harass or use any such language which might disturb you for the recovery of money..
File a complaint against the recovery agency as well as the bank. And if the police refuses to file your case then file a direct complaint as stated by Mr. Goyal.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888


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