Loan Application Recovery Harresment
3 years ago
I took loan from some loan application(OK Cash, Sanpit loan bubble, etc). Due to some some financial issue and brother loss i could not pay on time. At the time of application they asked for contact list access. I given the access because as per their policy they want access only for risk analysis. Now they are calling on my relative, friend and office colleagues number. They abused to my family and me. Some application has been banned from google from google play store. Let me know what can i do ?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.They asked for access to contact list for that purpose only and you gave it.
once people not able to pay, they call your friends, family and relatives to defame you so you will pay in pressure.
but legally they can not call any of your friends, family and relatives.
your relative, friend can file police complaint on callers if police take it.
you can send them a legal notice and later file a case for mental harassment, defamation as they are defaming you in-front of your friends, family and relatives.
Hope this clarifies,
Advocate Ankur Goel
once people not able to pay, they call your friends, family and relatives to defame you so you will pay in pressure.
but legally they can not call any of your friends, family and relatives.
your relative, friend can file police complaint on callers if police take it.
you can send them a legal notice and later file a case for mental harassment, defamation as they are defaming you in-front of your friends, family and relatives.
Hope this clarifies,
Advocate Ankur Goel
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A.hi,
the creditor has no right to contact your family, relatives except you till you are alive. after your death your legal heirs will be approached. but right now they are invading your privacy as the contact list is a personal matter.
you can send them a legal notice, which can also be sent through online mode.
later you can file a civil suit against them claiming for compensation for the mental harassment and defamation you had to suffer( they defamed you in front of your friends, family, relatives).
the creditor has no right to contact your family, relatives except you till you are alive. after your death your legal heirs will be approached. but right now they are invading your privacy as the contact list is a personal matter.
you can send them a legal notice, which can also be sent through online mode.
later you can file a civil suit against them claiming for compensation for the mental harassment and defamation you had to suffer( they defamed you in front of your friends, family, relatives).
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
they can not invade anyone's privacy. access to ones contact list is against right to privacy.
even if they have the contact list, they can not call any relative, friend, etc. of yours.
since the loan was taken by you, you are supposed to be contacted for the recovery and not anyone else.
if is advisable to deal with the situation amicably first, if the matter is not resolved, you can send them a legal notice and later file a case against them under mental harassment, defamation as they are defaming you in-front of your friends, family and relatives.
they can not invade anyone's privacy. access to ones contact list is against right to privacy.
even if they have the contact list, they can not call any relative, friend, etc. of yours.
since the loan was taken by you, you are supposed to be contacted for the recovery and not anyone else.
if is advisable to deal with the situation amicably first, if the matter is not resolved, you can send them a legal notice and later file a case against them under mental harassment, defamation as they are defaming you in-front of your friends, family and relatives.
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Gaurav Bhatnagar
Responded 3 years ago
A.Issue of Loan Recovery is of Civil in nature and the Creditor have right to recover the same using Civil Remedies (Civil Suit etc.) available with them OR in terms of your Loan Agreement as the case may be.
But they have no right harass, abuse or Intimidate you/your relatives over phone. Such acts are criminal in nature.
The best remedy is, record their calls as evidence and lodge a Police Complaint in your nearest Police Station. Police will register complaint under appropriate legal provisions and act accordingly. Now a days on line complaint facility is also available in most of the States.
But they have no right harass, abuse or Intimidate you/your relatives over phone. Such acts are criminal in nature.
The best remedy is, record their calls as evidence and lodge a Police Complaint in your nearest Police Station. Police will register complaint under appropriate legal provisions and act accordingly. Now a days on line complaint facility is also available in most of the States.
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