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Manoharan Mudaliar   02 January 2016

Harassment & threatening call from phoenix trust fy11 - 5 sc

I had Barclays bank credit card in 2010, after including interest the due amount was of Rs. 40486. One day recovery agent called me for subject due, hence I replied them, I am looking to settle the amount, however I will be doing in two installment, as per my commitment I paid the sum of Rs 20000/- on 15th OCT 2015, since currently I was out of country from last 5 years and working in MNC, I requested them don't call me as per India time since I would be sleeping or getting ready for my office, the best way you can contact me on email.

In addition, I requested Kotak bank repsentative to acknowledge the payment which was done on 15th Oct, however he refused to do so. Since I was out of country the only way was to get authenticity is through getting acknowledge through there official email id, however after many argument they acknowledge on  21st of Dec 2015. In meantime they called to my friend’s residence no and harassed them, since they are from native they got scared, they called them min 100 times, however on the same day when they acknowledge the receipt I paid the remaining amount. However they are again calling and threating them to settle the amount by their pocket.  

I requested my friend’s family to lodge complaint to nearest police station, however they are saying we don’t want to file any complain, just pay the money once more and get rid of them.

Hence request you to provide your expert view on the same, so that I can take through legal process.



Learning

 6 Replies

Adv. Yogen Kakade (+ 91 9225510883)     02 January 2016

No financial institution has any authority to harass or threaten anyone for the purpose of recovery. And if your friend is not ready to file a complaint with the police.. then immidiately send a legal notice to the bank authorities and also the recovery agency mentioning the consequences of their behaviour.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in    

Anand Bali Adv. (Advocate Solicitor & Consultant)     02 January 2016

Please make a police complaint immidiatly against the Bank and their recovery agents. Or sent them a legal notice through a good Lawyer stating that why not a legal action should be taken against them by way of filing Criminal case and civil suit for damages caused by their this illegal action.

It also will be good for you to get settled the case through court.

Call on any time or send PM for any further advice in due course.

Kumar Doab (FIN)     02 January 2016

Report the conduct to Governor RBI also.

1 Like

Manoharan Mudaliar   03 January 2016

Hello,

I tried to contact them, however i didn't received any reply from concern athority.

Please find the below mail sent to phoenix trust.

Dear Customer,

 

Greetings for the day !

 

We have received Payment through NEFT Rs 20000/- (15.10.2015)

 

Kindly make the balance payment Rs 20486/-

Thanks & Regards,

Portfolio Resolution Manager - Mumbai.

Retail ARD - Credit Cards.

From: manoharan
To: RARD Customer Care (Retail ARD, KMBL); Rardcards Mumbai (Asset Reconstruction, KMBL);
Cc: Service Bank (Consumer Bank, KMBL)
Subject: RE:  Harassment & Threatening call from Phoenix Trust FY11 - 5 Scheme C
Importance: High

Hello,

This is in reference to calls, which was made by recovery agent priya on 18th Dec 2015 representing herself as Kotak Mahindra bank recovery agent. I am going to lodge a complaint against priya for Abusing, threating & mental harassment. I am serious, we are aware there are many more such cases & you are too going to ignore this email, however I am writing this email to higher authority for their understanding & marked in subject email.

On what grounds and how can you call someone, who is not responsible for any reason. You have threatened and abused my friend’s family, which is against banking recovery law. You have also lied saying them there contact details was given as reference at the time of credit card issued. Which is totally baseless. Hence request you to provide duly signed document for the same as an evidence. Else these mean you have hacked my online account. We have recorded the conversation and as I know as per law every recovery calls made to customer should be recorded and need to maintain the recording for certain period of time. Hence request you to go through the recording for understand the language used for communication, No law says you can call or threaten someone who is friend of borrower. How pathetic is this?

It seems you guys have forgotten rules, hence request you to go through "fair debt collection practices act”, BCSBI’s banking Ombudsman.

I am the responsible person for the subject credit card. You have to contact me, if I am not answering for any reason. That doesn’t mean & give to authorization to call my friend’s family and abusive and harass them.

As per initial discussion & agreed with Mr. Santosh Giri the due amount will be paid in two installment. Installment one has already been paid on 15th Oct 2015, and requested to acknowledge the same. In fact you guys took more than a month to acknowledge. I was surprised & confused when you received an amount what’s was stopping you to acknowledging the receipt. In addition, I have yet not received any receipt for the same till date. Since I am in abroad, there are no other ways to authenticate except asking for paid receipt.

I would like to take this through legal process, since you have compromised my “right to privacy”.


 

Kumar Doab (FIN)     03 January 2016

If you are unable to handle on your own engage an able counsel specialzing in banking/consumer/criminal matters.

 

T. Kalaiselvan, Advocate (Advocate)     10 January 2016

Despite plenty of guidelines by RBI and various high courts, the recovery agents seem to flout all rules and have scant respect for the law of land in this regard.

They can be made alright only by lodging a criminal complaint with the police after which they either come for negotiation or vanish from the scene.


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