Recovery agent visit to address Recovery agent visit to address

8 months ago

I have not taken any loan but still the recover agent has visited my address and is claiming that I have taken loan and calling husband. I don't have my current residential address in any of the documents or national id's but I am still not sure how did recovery agent found this address.

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
When you did not avail of any loan from any Bank or NBFC, then how the recovery agents visited your residence and threaten you for repayment of the outstanding loan? Undoubtedly it appears that either for lack of information or communication, recovery agents might have visited your residence. So in the prevailing situation, you need to contact the concerned Bank whose recovery agents visited your residence for the collection of dues and gather detailed information. Both Supreme Court and Regulatory Authority, RBI issued orders/advisories refraining Bank/NBFC, strictly from taking any coercive or forceful action deploying the recovery agents to recover the dues from the defaulter loanee. Gathering the information from the concerned Bank if it appears to you that someone unidentified person availed of the loan using your identity and particulars or make you a Guarantor against the said loan, then immediately bring the matter to the notice of the concerned Bank and the higher authority and lodge a complaint in local police station regarding harassment by the recovery agents.. You also need to file a complaint online to the RBI against arbitrary and coercive action of the concerned Bank adopted for the recovery of debt from the loan defaulter. Apart you can file a civil suit praying for an injunction against the Bank and recovery agent. So, get in touch with an Advocate with all your papers/document for guidance and for taking the necessary steps to resolve the issue in accordance with the provision of relevant laws. You can also register complaints under the Integrated Ombudsman Scheme of RBI when you have already registered your complaint to the concerned bank or NBFC and it has been rejected by them or doesn’t get any answer within 30 days. You have to visit https://cms.rbi.org.in website to register an online complaint for any matter related to banks. you can also make a complaint through mail to the Centralized Receipt and Processing Center notified by RBI. For this, you have to write your complaint and send it by email to: [email protected] for redressal of your grievance.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
You have the following legal remedies

Filing a complaint at the police station:
A proper complaint should be filed against the Bank and the recovery office. However, if the police do not file a complaint, the magistrate can be approached.

An injunction suit against the bank and recovery agents:
A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. It should be possible to guarantee that bank authorities and recovery agents don't visit a person's home to recover the dues.

File an objection with the Reserve Bank of India:
After getting a few public objections against banks and seeing a few cases recorded against the harassing recovery method, the RBI prescribed certain norms for the recovery agents in order to govern the approach towards defaulters. In this manner, if the defaulters feel undermined, they have an option to contact the organization and file a legal complaint.

Defamation suit:
If the debt recovery depends on incorrect data that prompted the deficiency of a person's CIBIL score, they can file a defamation suit against the bank and recovery organization.

Trespass objection:
On the off chance that the recovery agents of the Bank illegally invade someone's home without approved consent, at that point a trespass complaint can be filed against them for disregarding an individual's rights.

Extortion grievance:
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