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Thanicka (ceo)     18 June 2014

Icici bank - harassment over personal loan after 8 yrs

Bank: ICICI, Chennai

Amount: 3Lakhs

Paid EMI: 125000/-

I have taken a personal loan with ICICI in 2006. I was supposed to move abroad by Jan 2008. And as per my company instruction of closing the pending payable, I went for a foreclosure with both ICICI PL and Standard Chartered Credit Card at the same time. An agent collected a check for amount of 175000/- for ICICI and 48000/- cash for full payment to Standard Chartered card on Dec 24 2007 in Chennai. He gave me the Chelan associated. The check I gave was of ABN AMRO bank. At the same time, I gave two checks to my parents to use that for their expense, along with a letter to ABN AMRO to close the savings account, advising parents to withdraw the pending amount using the check given. After that I moved abroad. All these days I was in an idea everything was settled.

But all of a sudden on 29th May 2014, means after 8 full years I received a call from a collection executive of ICICI Chennai stating my loan account was not repaid and I have absconded and they have traced me by spending money for Detective agencies. At first I thought someone was bluffing. But then he mailed me a statement stating I have a total outstanding of 6lakhs+ including the interest. I told him that I gave a check to their collection agent and it was all closed. For that he replied they never got any check from any agent and it’s not their issue to verify with the collection agent. 

I asked them to give me some time so that I could consult with my advisories on what to do. Then after two days I myself called the agent who called me and asked, "Why didn't ICICI intimate me for these 8 yrs." For that both the agent and his superior told me that ICICI contacts only the mailing address and not the permanent address given in records.

Which was so funny reply for me, as to my experience even if there is single default payment for one month EMI/Credit card these agents call the permanent address and land-line immediately. Then I told them I am ready to pay. But in this case both bank and I are at fault. So please give me some time, and kindly suggest me the feasible amount as its over 8 yrs and you call me out of blue, but before prove and send me a statement that I have not paid and I am absconded and give it in writing. For that they said they can mail the statement and mailed me (statement don't have cheque details I gave and also EMI was cleared till April 2008, where in I have settled the account in Dec 2007 and was out of India by Jan 2008.), then they gave me two options. 

1.     Pay remaining 180000/- (pending principle) as single installment within a day

2.     Pay remaining 280000/- (pending EMI) as two installment in two months from the day they called.

For which I replied, my present status does not allow me to pay that much money, also I am still not convinced as my queries are not answered. Kindly give me some time. As I really want to close this issue in best possible way for both bank and myself. But they were so stubborn on the above conditions. I politely told them I can’t arrange that much money in such short span also I need to verify with my auditor and bank over the same. For that the agents are so stubborn and telling me borrow some where and pay them.

My queries are listed as below.

a. I have issued the cheque to collection agent of ICICI eight years back. If the cheque has bounced or if there is no proper payment of EMI, I am pretty sure and even everyone around will understand that these agents/bank will immediately contact the addresses and contacts provided. Why didn’t they do so?

b. I go with the fact that collection agent failed to present the cheque to bank and EMI was getting cleared till April – 2008. Right from May – 2008 they say the EMI’s are pending and not a single call or notification from ICICI to the addresses provided. (My permanent address and the registered email address are all the same till date in ICICI records)

c. I am getting a reply from ICICI that they notify only the mailing address and not the permanent address. In that case, why did I receive a call after eight full years to my apartment resident, whom I have never seen or spoke to in my life time? And how did they get this new mobile number of mine which is just around 6 months old.

d. Now out of blue they come up and say I have to pay around 6lakhs+ if I don’t agree to pay in the installment options they give.

e. The Collection agent gave a statement that I am absconded for eight years and they have spent money (14000) to detective agencies to trace me out. I really need to get an explanation from them on this. As I would like to know which eminent detective agency and bank didn’t even bother to leave a note at the permanent address they had in their records. (A simple google search of my name first four pages comes with my work, social and other media related profiles)

Please do advise me

  1.     I am ready to pay if I am proved wrong, but not the amount/installments as described by ICICI collection agents. The advice from my friends and relatives are to ignore the calls of collection agents and take them legally. But I being correct till date in all my financial dealings want to close this off in a mutual possible way without much dragging in consideration with my present financial situation and expenses around.
  2.     I need a solution to close this account for all if proved wrong. But the amount and EMI has to be meaningful. I am at no fault. It’s all the fault of ICICI collection agent and ICICI bank who failed to submit and also failed to contact or inform me in this past eight years.

With all these queries left unanswered I started receiving numerous calls from those agents. They even call my professor who taught be engineering well before 10 years, they have called a lady who resides in the same apartment (whom I have never met till date) and she came with the phone telling some courier call and only then I came to know it’s these collection agents.

And yesterday to the worst case I have received 15 calls continuously to my mobile and 5 calls to my office land line. And now they want my present address so that they could send their collection agent with the closure statement and collect the cash.

With all the setbacks in approach by ICICI

  1.     Do I really have to pay? (as its over 8yrs)
  2.     Do I really have to pay it in a day.

3.     Even when I told them their mistakes and I am ready to clear it why am I being harassed like this. I hope you could understand my queries concept and the queries I have posted. Kindly advise me on what exactly could be done over the same.

Today they called me and told I have to visit a particular branch in Bangalore and meet a particular person in that branch. That person will give a letter and I can give a cheque. Or they could send a agent to my residing place and I could provide them with a cheque. Or they want me give my address and they will send a summon and I will have to pay full due of 6lakhs plus with interest. (when already they have my permanent address with them)

Please advise me on how to handle this. I have read many threads of similar situations. Does my loan come under time barred ones or will it be renewed again if cheque was not produced by agent who collected from me?

  1.     My permanent address is all the same and my father is residing there.    The permanent landline in ICICI records is also active till date.
  2.     Do I really have to go meet the person they say?
  3.     Can I ask them to send a summon to my permanent address registered already in their records which they never contacted for 8 full years.


Learning

 34 Replies

Thanicka (ceo)     18 June 2014

update to the above post:

  1. My CIBIL rating is perfectly clear with no listing of this particular loan as written off or default. My CIBIL score is 760+ as of 16th May 2014 with no defaults or written off listed.
  2. The particular person calling me is telling, name is in EQUIFAX (which I am not aware of) and it's not in CIBIL so he will update CIBIL rating if I don't give a reply to the options he gave me.
  3. The land lines they call from do not accept incoming calls. So I am bound to call only the two mobile numbers I have of those bank employees (as they claim) and the agents.

Presently I have

  1. The numbers from which they called.
  2. The list of people who they called and they could justify before anyone I ask them to.
  3. The email statement they have sent to my email id when I asked for the same. (It's an email ending with ***@icicibank.com)

Dr J C Vashista (Lawyer)     18 June 2014

Be precise in your post. Contact, consult and engage a local lawyer.

1 Like

Thanicka (ceo)     18 June 2014

Originally posted by : Dr J C Vashista 9891152939

Be precise in your post. Contact, consult and engage a local lawyer.

 

Hi sir.

I tried posting complete scenario on what exactly happened.

  1. My main query is if I really should go and meet the person they say.
  2. Can I just ask them to issue a summon to my permanent address in their registry.
  3. What exactly should I do to stop them from calling me over this.

Thanks.

Tarveen (Self Employed)     18 June 2014

Dear Querist, There is no harm in meeting the Personnel from the company as you can negotiate over the repayment on your terms. Incase you are not willing to provide them your current address, you can ask them to meet at some public place as per your convenience. A company/ bank doesn't issue summons. It is for the courts to issue summon when a case is filled before them against the accused/ defendants. You may file a Police Complaint incase they are calling you at odd hours or even unnecessarily harassing you and defaming you in the neighbourhood. You may feel free to contact me for any further clarifications, if any. Thanks and regard Tarveen Singh Nanda Advocate and Consultant Adv.t.s.nanda@live.com

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 June 2014

It is better if you go to a local Advocate and narrate the whole story to him on payment of his consultation fee. We here are only to answer the precise questions on legal facts and grounds.

Contact Mr Anil Kumar my friend on Ph.08867907494 at Bangaluru.

Kumar Doab (FIN)     18 June 2014

The loan/debt is hopelessly time barred and recovery can not be enforced.

Decline to accept the amount shown as debt on you.

Approach a competent lawyer ASAP.

 

Don’t pay a single penny until or unless the Bank and its recovery agency/agent has begged apology in writing and you have consulted your lawyer and bank has in writing on its letter head under original seal and signature of competent official has supplied you the loan statement for each month separately from the date you have handed over the cheque…………………………showing the dues and accrual of penal charges separately and have agreed to waive off (not write off) the penal charges, collect the principle amount, update the Nil balance in CIBIL and statue shown as ‘Waived off’ and a written pledge that bank shall clean your credit history in its written records and this settlement shall have no adverse bearing on your loan taking ability in future and you can sue the bank in civil and criminal courts in case of default by bank and bank shall pay compensation to you……………………………

 

Demand certified copies of all communications sent to you along with proof of dispatch and delivery.

 

 

First of all you ask everyone to record all phone calls, and acquire RBI Master Circular ON CC operations and Loan (personal Loan) in the year you had taken loan and each year thereafter. These are available on website of RBI,IBA,BCSBI and have to be maintained on Bank’s website and bank is under obligation to supply certified printed version without any cost to customer.

RBI guidelines are statutory and mandatory on each bank to follow and NO bank can violate.

If you have prohibited once NO bank employee or recovery agent can dare to call on phone or come in person.

 

Lodge a police complaint.

 

They can not call anyone other than you. Order them to follow due process of law for recovery and do not call or come to you and send all communications by redg. post only.

Issue explicit instructions in this regard addressed to MD,CEO, Chairperson of M/s ICICI Bank, local BM, Recovery Manager and make them a party and warn them for defamation, libelous charges…………………….

.

Each bank has to maintain on its website full detail of its recovery agencies and their numbers, address…………………………….Each agency reports to The Recovery Manager of M/s  ICICI……………………….

Keep the challan issued by the agent safely and demand that bank produces certified copy of the Resume and personnel file of this agent including his current address and also his manager in ICIC bank to whom he was reporting……………………and that he shall have to depose before court of law ………………….

 

 

Relate with the list.

Ask the agent and bank employee to speak their full name, designation, name of agency, bank its address, website, email id, fax number, phone number, phone number with STD code from which call is made, and also who is their manager in ICICI bank and his/her details.

 

 

 

There are many threads that you may find relevant and can download the judgments, details etc……….. e.g;

 

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

 

https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.U5v-YHKSwb9

 

 

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y


https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y





https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

                                               

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA

 


https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA


https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

 

 

https://www.lawyersclubindia.com/forum/Loan-recovery-limitation-54748.asp#.UrbHnNIW1MA

1 Like

Thanicka (ceo)     18 June 2014

Thanks Kumar Doab sir for your valuable comments.

Today I did the following.

  1. Like as you said my family advocate advised me not to pay them anything and take them to court.
  2. So I clearly notified them "about my cheque issued to their agent on 24 Dec 2007 for closure and its the bank responsibility to get back to me and prove the cheque is not encashed" I told them I am not able to verify going behind the bank as ABN AMRO bank itself is not there now.
  3. I told them what ever be the issue please send me legal notice or what ever applicable in written to my permanent address registered with them, and I want to take this legally through my lawyer.
  4. Also notified them I don't want to entertain any calls from now as I want to take this legally.

After this mail from me, the agent manager called me and he blasted me saying 

" you are uneducated, you borrowed and you are cheating. i will make sure i will ruin your happiness. i will see how you are getting married. i know who is guiding you to talk like this so i will ruin their happiness too."  

"then he said he is sending a person to my present address where i stay and i have to sign a document, along with two other persons signatures of that one is to be by a govt. employee. and only then they will send me the summon"   When I said I cant send any document. he said "i know where you stay im sending a person now and he will come there and call 100 and put you in jail." I politely told him, im ready to face it please follow the legal procedures as I have clearly notified I am solving this in court. And even if I have to pay 1rupee or 1cr rupee i will pay only in court. 

for this he said im going to make this complicated for you and banged the call. the calls are from chennai. and i presently reside in bangalore. also please note that my cibil rating is healthy with no default or writing off shown about this loan.

Kumar Doab (FIN)     18 June 2014

Did you record this call?

You may demand Chairperson of the bank that is a female herself Chanda Kochar to identify the caller and supply you the full details of the office, phone number, from which the call was made and recorded version of the call…………………

 

You can obtain call recording thru court of law too. The telecom company shall have to produce in court as per court order.

You can lodge complaint in women cell, women commission……………………..

The comments outrageous of modesty of women.

 

Alongwith crowd of well wishers charge and storm the local BM and you shall get all details and he shall ensure that this caller is produced before police and court.

Wherever this caller is pluck him out of his chair and office and make him stand in corridors and   box in court…………………………..

IN threads suggested to you, you can download the judgments delivered by Supreme Court of India against ICICI bank……………………..

Thru your lawyer you may issue notice to CIBIL and caution them not to include your name in list of defaulters and include any delinquency……………………………and also obtain injunction from DCDRF ( it can issue thru interim order) or High Court.

You may also go thru:

https://www.lawyersclubindia.com/forum/Loan-recovery-limitation-54748.asp#.UrbHnNIW1MA

https://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp?1=1&offset=2

Don’t spare them……………….

 

 

1 Like

Thanicka (ceo)     18 June 2014

Thanks Kumar Doab sir.

After your previous post it self, I have installed call recorder. Also he calls from his personal mobile number. So I don't think they have the calls recorded over this purpose. I have taken prints of both 

  1. the mail from ICICI representative and
  2. my reply mail stating the due is cleared with closure cheque and its long over so proceed legally

along with the numbers and call details of the calls I and my relatives and unknown people that received their calls. I have handed it to our family advocate to handle the process. I also have the copy of the same. And as per my advocate and your guidance I am waiting for some one to land on my door step, so that I myself can click some pictures of them and take them to cops along with the letters and documents I have in hand now.

Thanks.

Kumar Doab (FIN)     18 June 2014

 

In each city the in o/o SSP, Commissioner of Police (if it commissionerate) one police personnel has access to software and can find out the detail of ownership of any phone number landline/mobile with full address…………………………………

Apply your resources and get it and make note on piece of paper. Relate it with detail on bank’s website, and find out if the mobile number is registered in the name of bank employee/agent?

 

Video shoot (with audio support) the visit of recovery agent.

Your lawyer can advise you on what limited comments you have to make.

The RBI has stated in its master Circular (you can download from threads suggested to you and also from RBI website and also of M/s ICICI bank) what documents the bank has to supply to customer before the visit of agent/employee of the bank and the employee/agent has to carry the copy of letter, and ID card and all related documents…………………………..after seeking appointment from customer.

You have prohibited the bank/agent from visiting your private residence?

If yes no one can come.

No one can enter your premises without permission.

Lodge a complaint beforehand with women cell and sensitize them along with crowd of well wishers.

Hand them over to the police and let police have their original and copies of ID card and record what documents they carried and what statement they write. Let the local BM come and get them discharged if possible on his surety and identity.

You can obtain everything from police thru RTI.

Discuss with your lawyer and prepare well.

 

 

1 Like

Thanicka (ceo)     18 June 2014

Thanks Kumar Doab sir. (I am male sir :) )

  1. Yes I have clearly stated on the call today morning that I don't want anyone to visit my Bangalore address and I wouldn't sign anything he brings to me in person.
  2. If anything they can register post the legal documents or other bank related documents to my permanent address in their records.
  3. Apart from my family advocate who is in my home town, I am planning to meet a local advocate near by and explain the same and use his guidance for work to be done in Bangalore.

Thanks

Thanicka (ceo)     19 June 2014

Hi

Today two agents came to my residence at bangalore (i stay with my cousin sister and family). They came and asked me for address proof, id proof and a letter signed stating I owe the bank. But soon as they came I called up my local advocate and he came at the right time.

  1. The representatives are very arrogant even with my advocate. When asked to show their id card they were asking me to sign a letter and only then they will show.
  2. They were keeping on asking me to visit a particular branch they mention. When I said I will visit a nearby branch they were not ready to accept.
  3. Finally my lawyer told them firmly not to come again, for this their reply was "we will come daily till he signs the document"
  4. Then I asked them to come to my advocates' office as I didn't want to make a scene in my apartment complex.
  5. But they just got my advocates number and went off without visiting his office.

My advocate clearly stated, these are agents and they don't have a document against you. So they need you to sign the letter they have so that they can make you pay the amount they ask for. Some times even the bank might not be involved in this.

Another shocking aspect was

  1. After half hour when I returned home from advocates office, my cousin told me that a lady from ICICI has called one another apartment resident and also asked the resident to give the phone to my cousin and told her that.... my phone is switched off where is he.. if u don't say we will come home... and you know what we will do if we come home..  My cousin told them clearly you have his numbers you can contact that.
  2. The apartment lady first thought I am really a defaulter and when we explained it to her she too responded to the call stating, if again they calls the number she will lodge a complaint.
  3. In the mean time they have also called my professor who taught me engineering and have told the same story that..... " I am a fraud... and I am not paying the money" And my professor told them "We know about his credibility. So don't come here complaining"
  4. Today there was not a single call from them to my mobile but they have called many other people related and non related to me.

Those calls where made by a lady from number 044-66707676 and also one Satish and Mahesh of the same office. They want me to meet one specific Ashraf of Bommanahalli branch of ICICI in bangalore. I checked on Internet and this number has more complaints on consumer forums... of the same lady doing the same thing to many people. When even after such complaints, it is still happening... I am wondering what would be the effect of my new complaint on the same number.

Here are some complaints about the same number on various online consumer forums

https://www.consumercourtforum.in/india/icici-personal-loanchennai/

https://consumercomplaint.co.in/icici-bank-ltd/

 

My one another apartment resident came to know of this and he told me that next time  if anyone comes please let me know I will handle them. (He is a retd. police officer). Also my advocate told me not to worry about the mental harrassment these agents give, as that is the only route to make you sign or pay anything to them.

I am not sure why the bank and its agent are not ready to give anything in writing or by post to my address they have. But instead want me to just sign some documents blindly.

Numbers from they call all the people are.

  1. 044-66707676 
  2. 044-66707609
  3. 9941206955 (Satish)  -  This is the one who told he will ruin the happiness of myself and people surrounding me
  4. 9941416524 (Mahesh) - One who makes the lady call
  5. 8056006345 (Gowri shankar) - Manager to Mahesh as they say.

The two landlines are out going only. When ever we try contacting it wouldn't. The lady calls from land line.

Kumar Doab (FIN)     19 June 2014

Did you record this meeting?

You are having witnesses.

You don't need to visit any of the Branch.

Lodge a complaint with SHO of  nearest police station, with copy to police commissioner in writing under proper acknowledgment and obtain injunction against bank, recovery agency and make BM of nearest Branch and this BM Asharaf...........................and highlight that the entry was forced and you were being forced to sign documents.

Lodge complaint with CEO, Chairman of the bank and with RBI address of which has already been supplied to you, and demand to cancel the license of the bank and agency and terminate the Manager i/c of the agency.Attach supreme court of India judgments, voice files,video files..............

You have adequately been  advised in all threads and by your lawyer and your neighborers...............

You need to Act.

1 Like

Thanicka (ceo)     19 June 2014

Thanks Kumar Doab Sir. I will consult with my lawyer tomorrow and initiate the process of lodging a complaint. 


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