Harassment from Credit Card Recovery Agents Harassment from Credit Card Recovery Agents

4 months ago

I want to bring to your notice how specific agents from the Standard Chartered credit card department have been harassing me and my friends for the past 10-14 days.

My issues date back to the 2013-14 period. I was a regular credit card user of Standard Chartered.

1) Around late 2013, I faced some financial issues and failed to pay credit card dues in time.

2) In December 2013, I went to Dubai for a job.

3) In early 2014, I got in touch with a third-party agent who was representing Standard Chartered to clear the dues. I used to call him from Dubai as I wanted to avoid any pending dues.
However, that agent did not adhere to my promise to settle the account by just making me the principal amount and waiving the late charges.

4) As a process, he took around INR 20,000 in cash and was supposed to issue a settlement letter so I could give a cheque for the agreed outstanding amount. Since I was in Dubai, I asked one of my friends to help me with the transactions as I had given her some cheques for such emergencies.

5) After collecting the cash, that particular agent went out of touch and didn't call me back. I tried calling him multiple times but never got any response.

6) After three weeks, he contacted me, flipped utterly, and asked me to pay for everything immediately. Similarly, they sent some goons to my friend's office and asked her to present the cheque.

7) I had clearly instructed my friend to issue the cheque for the decided amount. Once she declined the goons to give a cheque for another amount, they harassed her in her workplace and created a stir.
Some female call centre executive called my friend on her mobile phone and wrongfully abused her and also passed derogatory religious remarks.

Since the middle of 2014, I have asked the bank and their respective agencies to issue my friend and me an apology letter, confessing they followed wrong practices and used illegal tactics.

I am willing to settle the accounts immediately, but the bank is not ready to accept their wrong action and issue an apology letter.

Over the past few weeks, one more agency claiming to represent Standard Chartered has called me and my contacts.

They call my contacts and openly disclose my financial data.
They are also harassing them and intruding on their privacy.
Sharing the landline details of the agency below:
022 62840136
022 62840135
022 62840144

I am also cooperating with them and asking them to issue an apology letter. But they aren't cooperating. They are continuously pestering me by calling 100 times and my contacts.

Kindly let me know and help me understand if I am being unreasonable buy asking the bank to issue an apology letter for their unruly code of conduct.

Legal Counsel Vidhikarya

Responded 4 months ago

View All Answers
A.Dear Client,
The regulatory authority RBI has strictly prohibited the use of abusive language, intimidation, or any form of harassment in the loan recovery process. Borrowers have the right to be treated with dignity and respect. The Recovery Agents should carry proper identification, maintain decorum, and act within the legal framework. The RBI guidelines emphasize that the recovery process should be fair and not oppress borrowers. Recovery agents should not resort to coercion or use of force in the recovery process. So, understanding the RBI guidelines for loan recovery is essential for both borrowers and lenders. These guidelines promote transparency, fairness, and ethical practices in the loan recovery process, protecting the rights and interests of all parties involved. In the case of Magma Fincorp Ltd. v. Rajesh Kumar Tiwari, (2020) 10 SCC 399, the Supreme Court had “banned taking over possession by recourse to physical violence, assault and/or criminal intimidation by deploying recovery agents by the lender unless they obtained appropriate order in accordance with law and such orders were required to be executed only in accordance with the law. In case you face any threat or harassment from the Debt Recovery Agents of the Bank, you need to make a written complaint to the local police station against the recovery agents and inform the concerned Bank attaching a copy of the complaint made to the local Police Station and file a criminal suit u/s.503 of IPC against the recovery agents and the concerned Bank. Apart, file an online complaint for the same cause of action to the Grievance Cell of RBI in the web link: https://cms.rbi.org.in/cms or contact RBI Toll-Free Number 14448 and lodge a complaint over alleged harassment by recovery agents of the concerned Bank. Alternatively, an email can be sent to [email protected] stating the grievance/complaint in detail. Further, a quick counseling session with a certified credit counselor can help you to discover your options and choose the right path forward to repay your debt.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

View All Answers
A.Dear Client,
Given the history of your case and the ongoing harassment, it is not unreasonable to request an apology letter from the bank for the improper conduct of their agents. Document all instances of harassment, including phone numbers, dates, and details of the conversations.
To address this issue, you can take the following steps:
1.Document Everything: Maintain a detailed record of all interactions, including dates, times, and content of conversations. Note down the phone numbers of the agencies involved.
2.Formal Complaint:Lodge a formal complaint with Standard Chartered's customer service, providing a comprehensive account of the harassment and inappropriate conduct. Attach any evidence you may have.
3.Contact Regulatory Authorities: If Standard Chartered fails to address the issue satisfactorily, consider reaching out to regulatory bodies governing banking practices in your jurisdiction. They can investigate and intervene on your behalf.
Legal Assistance:Consult with a legal professional to explore potential legal actions against the bank for harassment and violation of privacy. They can guide you on the best course of action based on the laws applicable in your region.
Cease and Desist Letter:If the harassment persists, consider sending a cease and desist letter to the involved agencies, clearly stating your rights, the inappropriate behavior you've experienced, and demanding an immediate cessation of such activities. Remember to remain firm in your stance regarding the request for an apology letter, as this may help address the root cause of the issue. If needed, seek advice from a lawyer to ensure that your rights are protected throughout the resolution process.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTook money based on lies
Dear Client, In the given scenario, you can serve a legal notice to the person to whom you lend your money and if you possess sufficient proof in support of your claim you can file suit for cheating a...
question iconHand loan recovery
Dear Client, Sorry to inform you, that in the given situation, the chance of getting back the money that your friend lent to his friend is not feasible and appears to be almost impossible even through...
question iconCredit card
Dear Client, You can try to negotiate a settlement of your credit card dues with the Banks on your own if your pocket permits and the bank agrees, but sometimes it's typically done through third parti...
question iconHarrassment and verbal attack on personal misfortune by Bajaj Finserve TVM
Dear Client, As per the contractual obligation you are bound to repay the loan but the creditors have no right to harass you to recall the amount, there are rules set as per RBI guidelines as to how...
question iconComplaint regarding not refunding fees.
Dear Client, It's essential to communicate clearly with the center about your request for a refund and to provide any necessary documentation, such as receipts or enrollment agreements, to support y...