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Sandra (Executive)     22 December 2010

Debt Collector is harassing my family

Hi,

I'm really in a very frustrating situation. I had a credit card and was paying my dues regularly but due to recession i lost my job and could not make payments anymore. Now a debt collector is harassing my mother (who by the way has heart problems and is not supposed to be stressed out), she does not live with me but they call her neighbours (I dont know how they got the numbers), then they told the neighbours all about my debt, which i feel is a breach of my confidential agreement with the bank, so the neighbour gave my mother's tel number and they start harassing her and interrogating about her income and how much money she has etc, which i feel is uncalled for as the debt is in no way connected to her. When my husband contacted them and told them not to pester my mother, they finally stopped. But now after 4 months of silence, they started again by sending her continuous telegrams.

I do intend to pay back but the bank have kept on increasing the interest that it makes me impossible to pay 10 times more than what i owe them, at the same time being unemployed. I dont know what to do, please somebody help me with some advice, i dont want them to stress out my mother due to her illness and old age. Is there any way to stop them harassing her. They have my email, landline telephone n mobile but they pester her instead.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 December 2010

Meet the bank officers and tell your problems.  If they are ready for one time settlement then clear it off.

shivanand sharma (penal lawyer)     22 December 2010

hi sandra pls contact on phone no 9359359355,for sivika assocaite a group of legal expert

J. P. Shah (RTI & CONSUMER ACTIVIST)     22 December 2010

Please refer attachment.


Attached File : 7 7 credit card notice.doc downloaded: 868 times
1 Like

J Sridharan (Lawyer)     22 December 2010

Hi Sandra,

Please refer https://www.rbi.org.in/scriptts/NotificationUser.aspx?Id=2627&Mode=0.

As per RBI guidelines the debt collecting agents should abide the below rules,so you have the rights to privacy.

Contact the banker and do the settlement,if they are not ready to accept  your proposal,go for a nuisance case or contact a lawyer.

iii) Fair Practices in debt collection

(a) In the matter of recovery of dues, banks / NBFCs may ensure that they, as also their agents, adhere to the extant instructions on Fair Practice Code for lenders (circular DBOD. Leg. No. BC. 104 /09.07.007 / 2002–03 dated May 5, 2003) as also IBA’s Code for Collection of dues and repossession of security. In case banks / NBFCs have their own code for collection of dues it should, at the minimum, incorporate all the terms of IBA's Code.

(b) In particular, in regard to appointment of third party agencies for debt collection, it is essential that such agents refrain from action that could damage the integrity and reputation of the bank / NBFC and that they observe strict customer confidentiality. All letters issued by recovery agents must contain the name and address of a responsible senior officer of the card issuing bank whom the customer can contact at his location.

(c) Banks / NBFCs / their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude the privacy of the credit card holders’ family members, referees and friends, making threatening and anonymous calls or making false and misleading representations.

s k s k sarma (advocate)     22 December 2010

the bank has no power to recover your debt throug collection agent. if the bank have any grivances agaisnst you they have to file suit for recovery but not by force. you have every right to send notice to bank officials stop them to send recovery agent to your house adn stop harassment as otherwise you will recovery damages from them for the harassment you and your family undergoing stress. you have other hand appraoch legal service authority for help. 

Venkat Rao Marella (Manager - Finance)     22 December 2010

Mr. Shah...this is a perfect letter. thanks for sharing.

Venkat.

Shahid Ali Khan (Advocate)     22 December 2010

Dont worry them and strictly warn to taking legal action against those phone call or file F.I.R. to the nearest police station. Bank have no right to recover their debt like that.

Shahid Ali Khan

Advocate

 

 

 

Sandra (Executive)     22 December 2010

Thanks all so much for the reply and advice, really appreciate it. I feel so much relief and secure ater reading all the posts. Thanks again everyone, God Bless. 

Sandra (Executive)     06 April 2011

Hi, its me again, Sandra. The situation now is that since i could not secure any jobs in India, my husband (who is a british citizen), has brought me to UK so im living here now but still no job as yet here also and i'm totally depending on my husband. Before coming to UK, I had a job offer but when I came here the company had gone through rough times due to recession hence the job was no longer available. Just recently, a collector from India started calling the UK company which had offered a job to me and started harassing this company that have no connection with me at all. Nobody, not even my family members knew of this UK company except the british embassy where i had applied for my visa and where i had submitted the offer letter along with all my documents for obtaining a visa. When i came to know that they started calling the UK company, they contacted me and gave me the number of the person who kept calling them. My husband called the mobile number given and the man said that his name is Sharad Kumar and that he got all my information from the British Embassy in India who revealed to him all of my details, confidential details, my whole life file. He even said that he's taken legal action and threaten that we will see what he is going to do with me. Is the embassy right in giving access to my file, or am i wrong, can anyone just get all your information and identity from the embassy by paying a sum of money?? I feel so exposed and stressed out by this, if i do have income, i would gladly pay but from where would i get since im unemployed and my husband's income is barely sustaining us. Please advise on what steps i should take.

Parker L (advocate)     21 June 2011

You can avoid falling into a trap of abusive collectors by simply being wise. One thing is crucial, and it is about knowing your rights as consumer. One set of individuals that are generally despised is collectors. They could effortlessly be misunderstood, as they do provide a somewhat needed service and the only media coverage is when individuals are abused by collectors, not when debts are correctly and calmly collected in an acceptable fashion. I found this here: Debt collectors trying to polish image in media, personalmoneystore.com/moneyblog.

 

ArcanjoFdes (NA)     25 September 2013

 

Hi J Sridharan

I'm also being harassed by these recovery agents, they are calling my company HR deptment, manager and my family members, was trying view your RBI linked article but some error is coming, please can you share it again and if any new development has taken place on these issue.

 

Thank you in advance


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