SBI credit card recovery harassment
2 years ago
Due to financial issue,it's been 7months I can't able to pay emi's.
Recovery agents are visiting home every 1 or 2 days.one guy from SBI collection department telling me that I call tell everyone (neighbors) that you haven't paid the credit card dues.
I don't to what to do now I am totally broke.
A.Dear Sir,
Remedies against harassment by Recovery Agents
February 18, 2021
Written By : Kishan Dutt Kalaskar Retired Judge
Leave a Comment
There are numerous cases of the oppressive and illegal conduct of recovery agents attempting to recover pending dues for the banks' benefit. In the past few years there have been many such instances, to showcase an example, an 81-year-old woman was seriously threatened by recovery agents, she got 375 threatening calls concerning her child's unpaid bank dues. After that, she moved to the police, and a case was filed against these agents. Another incident quoted as per media reports stated that a private bus was halted, and 42 travellers were held hostage for three hours by recovery agents, who needed to recover money from the travel company that owned the bus. These cases affirm that recovery agents/offices are feared in India. A recovery agent seeks clients and organizations that owe instalments to banks. Many of these recovery agents collect the banks'clientspayment dues for a charge or a percentage of the total amount owed. These agents are generally a third-party
https://www.vidhikarya.com/legal-blog#
You may get issue a strong legal notice from my office or file a Suit for Permanent Injunction against Recovery Agents and Bankers.
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
Remedies against harassment by Recovery Agents
February 18, 2021
Written By : Kishan Dutt Kalaskar Retired Judge
Leave a Comment
There are numerous cases of the oppressive and illegal conduct of recovery agents attempting to recover pending dues for the banks' benefit. In the past few years there have been many such instances, to showcase an example, an 81-year-old woman was seriously threatened by recovery agents, she got 375 threatening calls concerning her child's unpaid bank dues. After that, she moved to the police, and a case was filed against these agents. Another incident quoted as per media reports stated that a private bus was halted, and 42 travellers were held hostage for three hours by recovery agents, who needed to recover money from the travel company that owned the bus. These cases affirm that recovery agents/offices are feared in India. A recovery agent seeks clients and organizations that owe instalments to banks. Many of these recovery agents collect the banks'clientspayment dues for a charge or a percentage of the total amount owed. These agents are generally a third-party
https://www.vidhikarya.com/legal-blog#
You may get issue a strong legal notice from my office or file a Suit for Permanent Injunction against Recovery Agents and Bankers.
ICCI Bank Limited vs. Prakash Kaur case,
The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.
The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.
It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.
The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.
According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.
Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."
"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.
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A.Dear Client
If you have taken the credit card and used the limit then you have to pay them back legally. What they are doing is also wrong as they are not supposed to harass you like that. If they continue to do so then lodge a complaint with the local police.
If you have taken the credit card and used the limit then you have to pay them back legally. What they are doing is also wrong as they are not supposed to harass you like that. If they continue to do so then lodge a complaint with the local police.
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A.Dear Client,
If SBI debt collection office is crossing line and keep harassing you, you can do the following things.
1) File a complaint at a police station
A formal complaint should be filed against the bank and the recovery agency. If the police refuse to file a case, the magistrate can be approached for the same.
2) Injunction suit against the bank and recovery agents
A civil injunction suit with an ad interim relief can be filed against the bank and recovery agency in the civil court. This can be done to ensure that bank officials and recovery agents do not visit your home for recovery of dues.
3) File a complaint with the Reserve Bank of India (RBI)
After receiving several complaints from the public against banks and seeing several litigations filed against the “threatening” mode of recovery, the RBI issued guidelines for recovery agents to approach the defaulters. Therefore, in case the defaulters feel threatened, they have the option to contact the institution and file a legal complaint.
4) Defamation suit
If the debt recovery is based on erroneous information which led to the loss of your CIBIL score, then you can file a defamation suit against the bank and recovery agency.
5) Trespass complaint
If the recovery agents of the bank illegally entered into your house without authorised permission, then a trespass complaint can be filed against them for violating your rights.
6) Extortion complaint
If the recovery agents forcefully recovered the amount, an extortion case can be filed against them.
Thankyou.
If SBI debt collection office is crossing line and keep harassing you, you can do the following things.
1) File a complaint at a police station
A formal complaint should be filed against the bank and the recovery agency. If the police refuse to file a case, the magistrate can be approached for the same.
2) Injunction suit against the bank and recovery agents
A civil injunction suit with an ad interim relief can be filed against the bank and recovery agency in the civil court. This can be done to ensure that bank officials and recovery agents do not visit your home for recovery of dues.
3) File a complaint with the Reserve Bank of India (RBI)
After receiving several complaints from the public against banks and seeing several litigations filed against the “threatening” mode of recovery, the RBI issued guidelines for recovery agents to approach the defaulters. Therefore, in case the defaulters feel threatened, they have the option to contact the institution and file a legal complaint.
4) Defamation suit
If the debt recovery is based on erroneous information which led to the loss of your CIBIL score, then you can file a defamation suit against the bank and recovery agency.
5) Trespass complaint
If the recovery agents of the bank illegally entered into your house without authorised permission, then a trespass complaint can be filed against them for violating your rights.
6) Extortion complaint
If the recovery agents forcefully recovered the amount, an extortion case can be filed against them.
Thankyou.
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