Personal loan - default

Is your father CO-applicant, Guarantor in personal loan?

NO one other than you can be approached by any one including MD/Chairman of M/s HDFC bank.

IN all probabilities it is some recovery agency/lawyer posing as court employees etc that are calling you. Court personnel does not call…………………..court issues summons and by redg. post normally.

Most probably it shall be some Special Lok Adalat and summons shall be again dispatched by redg. post normally.

They shall apply all tactics to extract admission of debt from you in writing and it might be a time barred loan…………………………..and was allowed to increase without sending you any communication by effective mode of communication e.g redg. post.

You and your father and everyone should record all calls.Ask the person to speak his name, designation, name of his company agency, full address, registration number issued by local shops and Commercial establishments authority, RBI etc………………….phone number, email id, name and phone number, address o HDFC bank recovery manager  I/c of the agency……………..etc and to send whatever they want to supply by redg. post only………………………..and that you are prohibiting everyone and anyone to come to your place………………………..and if they want to come send an application seeking appointment by letter thru redg. post only…………………..and if deemed fit appointment shall be granted.

The bank has to maintain list of its recovery agencies at its website.

Match the phone numbers and you shall know.

Arrange to record the visit of recovery agents (audio/visual) along with some irrefutable witness and report beforehand to local police station that you are being threatened and anyone and everyone from M/s HDFC Bank should be injuncted to come to your property and they be instructed to send all communications by redg. post and approach thru court of law.

Approach your lawyer AS AP.

There are many threads on similar queries that you may find relevant…………..e.g.;

https://www.lawyersclubindia.com/forum/Harassment-from-icici-bank-for-personal-loan-104478.asp#.U7lje5SSwb8

and other threads mentioned in it………………….

You may pick up the points that are relevant to you and prepare in consultation with your lawyer.

"Kumar Doab" - Thank you for the reply.  My father has never taken a loan in his life and I doubt he will now (smiling).  In saying that, My dad just told me that the Agent From HDFC bank called him again and said that I (Loan Taker ME) has given the original papers of his property to take out that loan, IT IS NOT MINE TO GIVE IN THE FIRST PLACE.  He also told him that he will come there personally to Attach a Notice on my Dad's house for me.  On the other hand Nitin calls me up and says that I have to there in Court on the 12th. 

I am really lost, should I go to the Local HDFC Branch and meet the manager there, as per my Orignal comment I am little scared to visit the New Delhi ITO branch ...what should I do.  Can a Bank do this to us.  I am ready to pay, Yes it is my responsibility and I took it, but I can pay it in installments not in One Go as advised and instructed by the bank people calling us.  NBW is a very big word and can scare many people like I am right now.

Please advise...thank you.

Have you submitted the original ownership Documents of house owned by your father?

Has you father recorded the call during which the caller has made such statement?

Can a Bank Employee paste summons issued by court on the walls of owner of the house that has not availed any loan?

The Layer of the bank might have an office in court complex so the caller may be calling you to office of the lawyer and not in court.

If court wants to call you then court shall issue summons and grant an opportunity to put forward your version of the matter and thus opportunity to defend..

It is a civil liability.

It is entirely your choice to go the BM of M/s HDFC Bank or not.

If you enter into any settlement then you should know that settlement is adverse entry and it shall have negative bearing on the credit score,credibility, maintained by credit bureau's like CIBIL.........................otherwise you are a defaulter as admitted by you...................................

A lawyer can guide you on how to settle with bank..........................and by getting the penalties 'Waived Off' and not as 'Written off'............................................

You may go thru the thread and other threads mentioned in it and also meet your lawyer in person at your location and proceed under expert advise of your lawyer....................

Rest is upto you.

So today I received a call from HDFC again, guy called VIPIN - +91 8459485506 and +91 3582889257 and said "tere ko aur tere baap ko tho mai uthwalunga Mad****, thu dekh 2 din mai tere aur tere baap ka kya haal hota hai salee", meaning and I will make sure that I kidnap you and your father from home and see what happens to you both in another 2 days"

What to do now.  I am worried and scared about my Dad.