[Resolved]  Barclays Bank Plc / Personal Loan — re-demanding / harassment for the pre-close personal loan

Address:

Hyderabad, Andhra Pradesh

I am consumer availed personal loan facility from Barclays Bank and because of my heath conditions I forced to close my business activity in 2008, on my own approached Barclays Bank and after negotiations paid Rs.4,55,000 towards full and final settlement of pre closure of my loan account. Surprisingly, from last six months I am receiving calls from Barclays Bank for payment of EMI's, lot of persons are coming to my residence and creating nuisance, even I have received a legal notice etc., patiently I am answering all the calls, convincing the persons visiting me, providing the details of account closing receipts and replied to their notice. since from yesterday I am receiving threatening calls individuals who are identifying themselves as Government Advocates, High Court officials from Delhi. I have made several complaints orally to Barclays Bank since last 6 months but no response in turn legal action on me. Yesterday I forced to make complaint to all the concern of Barclays Bank and Ombudsman of RBI and today I have sent a reminder also and forced post my complaint in the Indian Consumer Complaint Forum for a justice and support.

The below are the 2 mails which I have sent to Barclays Bank, their officials and RBI:

1st mail:

Date:[protected]

To
[protected]@barclays.com
Barclays Bank PLC,


Reg: Loan Account No.[protected]
Ref: My Complaint No.5370606 lodged to your customer care on[protected]

Sub: Complaint regarding demand of payment for the pre-closure of my loan account.

I, Venugopal Cheela taken loan from your bank vide Loan account no.[protected]. I have made my payments in time upto August 2008, last amount paid before settlement is Rs.28,728 by cash towards 2 EMI’s wide Receipt No.22238 dt.[protected] through your authorized DSA M/s. Rohit Associates, Secunderabad as per the commitment.

In 2008, I felt very sick because of multiple complications combined with heart attack and diabetic related problems. Being doctors advised me to take complete bed rest and there is no other person to look after my businesses in my absence, which were also running under losses, I forced to close all my business activities to save my life and to avoid further losses, problems, tensions & complications.

As I am a principle person with ethics, I, by myself have approached all the Banks & individuals and explained them about my health & business position by showing the documents and came to an understanding with them for pre-closure of my loans under one time settlement [OTS] against the agreed payment after reaching an understanding on the settlement amount against proper receipts which includes closing of my personal loan account with your bank which I availed wide loan account no.[protected]. I have settled the account as per the understanding reached figure [under OTS] of Rs.4,55,000 which includes Cash, Post dated Cheques, DDs through your Authorized DSA M/s. Athithya Associates, Hyderabad in October 2008 itself after negotiating with your bank officials. As per the following details:

1. Paid by cash of Rs.15,000 vide Receipt No.68078 dt.[protected]

2. Paid by Cheque No.020599, Dt.[protected] for Rs.20,000 drawn on Indian Bank, S.D. Road branch, Secunderabad against Receipt No.68079 Dt.[protected]

3. Paid by Cheque No.020600, dt.[protected] for Rs. 20,000 drawn on Indian Bank, S.D. Road branch, Secunderabad against Receipt No.68080, dt.[protected]


4. Paid by Cheque No.020597* dt.[protected] for Rs.2,00,000 drawn on Indian Bank, S.D. Road branch, Secunderabad against Receipt No.68081, dt.[protected] [*The Cheque No.020597 for Rs.2,00,000 was dishonoured and we have issued a Demand Draft vide No.421088 dt.31-01-09 against the above said cheque for the same amount against the receipt no.115280 dt.[protected]]


5. Paid by Cheque No.020598 dt.[protected] for Rs.2,00,000 drawn on Indian Bank, S.D. Road branch, Secunderabad branch against Receipt No.68082, dt.[protected].

On the above mentioned final payment receipt, it is very clearly mentioned as “payment towards full and final settlement”. We have demanded for loan closure / no due certificate at the time of issuing cheques on[protected] but your executives convinced me by saying that you will get no due certificate automatically after realization of above mentioned final cheque dt.[protected]. [I am enclosing all the copies of receipts for your information.]

After clearance of the said cheque, I have called and reminded to your bank number of times for the issuance of no due certificate but unfortunately I have not received the same and I was under the opinion anyway the loan account is closed and I have the receipts for records and stopped following up after sometime.

After closing the account in 2008 I have no communication [or] call [or] any correspondence from your bank till first quarter of this calendar year and surprisingly I started receiving calls & messages from your bank officials, call center, DSAs for payment of EMIs for the account which is closed and patiently I was explained to all the callers who are calling me about the pre-closure of loan account and all the callers were responding that they will look into the matter but never I have relieved of this problem. Some of the callers were used dirty and filthy language and some of callers were promised me to settle my issue. In the process I have met your recovery executives of M/s. Athithya Associates, DSA and Some of your bank officials also. I have submitted the receipts for their records and verification for which they felt unhappy with the bank’s systems and convey to me that they will take up this matter to higher authorities and I have stopped getting calls and I was under the impression that the issue is closed.

Again surprisingly, after sometime in the month of April [or] May 2011, I have received a legal notice from N Y Law Chambers, Advocates & Solicitors demanding an EMI of Rs.14,364 for that notice My advocate Mr. Y. Balakrishna Rao, Advocate, [Mobile No.[protected], Email: y.[protected]@gmail.com] has given reply stating “My client denying the allegations & averments of your notice dt.[protected] vide ref.No.NLC/BB/APR2011S25N63 and for issue of no due certificate immediately. But no reply till date. [Copy of your notice and my reply is enclosed for your information]

After that now and then I am receiving calls from some of your executives of DSA’s visited me and some of your bank executives called me for EMI’s and very patiently I was explained them and requested them to provide me a copy of my account statement for understanding myself how I am due, how much I am due, from when I am due etc. But unfortunately, I have not received any account statements till date and more surprisingly they are mentioning that they don’t know/have the details.

As a responsible citizen, as a good client, because of my health, business conditions, family position etc I have voluntarily come forward on my own and pre-closed the account to avoid tensions and complications but unfortunately since last several months I am facing heavy tensions because of this issue and I am in helpless condition. Even now it is a surprise to me if really my loan account is not closed why more than 2 years bank has not approached me for EMI’s? Why your bank not claimed EMI’s for 2 to 2½ years? Why your bank claiming EMI’s after 2 to 2½ years & presented for collection? And why applying pressure on me and creating tension to me which is effecting my health? If my health is affected and in turn effects my family is your bank takes responsibility? Is it wrong that I am honestly come forward with a trust close the account by paying the agreed amount as a settlement?

All these days I was feeling very tense, because of this I have not made any written complaint to your bank, to your ombudsman [or] to RBI ombudsman with a hope that the issue will be settled and I will be free of the problem. But surprisingly today morning some people called me from Delhi calling themselves as Government appointed Advocate from RBI and representative of Delhi High Court and threatening me that “Delhi Police will come and arrest you and demanding for immediate deposit of amount within ten minutes in their ICICI Bank accounts so that they will deposit the amount in Court towards my due”. It was very painful for me and I have immediately felt sick because of my prevailing health conditions and I requested them for few details such as what is the due amount? On which account? What about a demand/settlement letter? But surprisingly the answer is same that deposit the amount within ten minutes [or] face the consequences. Even I was requested them how can I pay even a rupee without knowing the details [or] again payment without proper settlement letter / no due certificate. The answer was very simple to deposit atleast Rs.5,000 out of the total due of Rs.30,000 and after depositing Rs.5000 we will send you no due certificate. How come the due of Rs.30,000 figure is arrived?

After taking advice from my advocate and from well wishers I have mentioned to the callers that I am not due any amount to bank requested them to give some time to confirm with bank being I have not remembered [or] having record of the date of availing the loan, amount of loan, EMI amount, No. of EMI’s because it’s a personal loan borrowed to meet my personal problems and I have maintained only the record of only account closure receipts. Generally, any individual will tear off/destroy the any receipts after may be year and so. But fortunately I have kept these receipts even after 3 years and some safety I have atleast to quote. Please understand what would have been my position if I have not maintained the records of receipts and what I feel that “your bank has taken advantage of my innocence and goodness” and in this situation to safeguard myself, forced lodge complaint to your bank’s customer care ref.no.5370606 dt.[protected] and also I am forced to make this written complaint to your bank and all the higher authorities of your bank, and to your banks ombudsman and ombudsman of RBI.

Atleast now, your bank and bank officials have to seriously look into this complaint and have to issue the no due certificate for the personal loan account no.[protected] immediately and should relieve me from this issue.

Even after this justice is not done I have decided to go to any extend including approaching human rights commission, media, etc for my rights and justice.

Thanking you

Venugopal Cheela,
Plot No.20, Kausalya Estate, Karkhana, Secunderabad – 500 009.
Mobile: [protected] Email: venugopal.[protected]@gmail.com

Request: Sometimes, I may be sick and not in a position to speak, you can call my cousin Mr. Praveen on [protected] who is fully aware of this case.

Enclosed :
Copy of the payment Receipts of pre-closure of the loan account no.[protected]
Copy of the notice of your advocate and reply by me through my advocate

Copy to the following for necessary action and justice:

1. Registered Office in India: 801/808 Ceejay House, Shivsagar Estate, Dr Annie Besant Road, Worli Mumbai 400 018.

2. Customer Service Department, Barclays Bank PLC, P.O. Box.11567, Nariman Point, Mumbai – 400021


3. Mr. Karan Bhagat, Managing Director Barclays Bank PLC 601/603 Ceejay House Shivsagar Estate, Dr Annie Besant Road Worli, Mumbai -400018. 022 – 67196575 managing.[protected]@barclays.com


4. Ms. Meera Rawat Principal, Nodal officer, Barclays Bank PLC
601/603 Ceejay House Shivsagar Estate, Dr Annie Besant Road, Worli, Mumbai-18. Phone:[protected] Email: [protected]@barclays.com


5. Ms. Supriya Rajan , Head, Query Resolution Unit, Email: head.[protected]@barclays.com


6. Mr. Vishal Gambhir Head - Service Delivery, Branch operations & Performance Email: head.[protected]@barclays.com


7. Mr. Ram Gopal, Chief Operating Officer Barclays Bank PLC 601/603 Ceejay House Shivsagar Estate, Dr Annie Besant Road Worli, Mumbai -400018. 022 – 67196575 chief.[protected]@barclays.com


8. Mr. Suvrat Saigal, Director – Consumer banking Barclays Bank PLC 601/603 Ceejay House Shivsagar Estate, Dr Annie Besant Road Worli, Mumbai -400018. 022 – 67196575 director.[protected]@barclays.com


9. Barclays Bank PLC, Hyderabad branch: 8/2/686/B/6/A (Ground floor), Road number 12, Banjara Hills, Hyderabad 500034 Board line: +91 040 – 30878500


10. Financial ombudsman o[censored]K. complaint.[protected]@financial-ombudsman.org.uk


11. Banking ombudsman, rbi, 6-1-56, 1st floor, saifabad, hyd-04. Phone:[protected], 23210248, 23236766 FaxL[protected] E-Mail: [protected]@rbi.org.in

2nd mail
Date[protected]

To
All concern

This is reminder to my telephonic complaint no 5370606 dt.[protected] and my email dt.[protected]

In my earlier mail, I have complained in details and being again I am receiving telephone calls, I am forced to make a reminder and forced to post my complaint to consumer complaints forum https://www.consumercomplaints.in. If the harassment continues, I force to make criminal complaint to Police against the officials and other connected persons of Barclays bank being I am receiving calls from Mr. Rana [protected] identifying himself as High Court Officers, New Delhi and pressuring and forcing me to call Mr. P.K. Malhotra, Advocate at [protected] and advising me to come to an understanding otherwise he will depute police to Hyderabad to arrest me and present me in Delhi High Court, in turn, with a fear when I called Mr. P.K. Malhothra several times, he was identifying himself as Government appointed RBI lawyer and pressuring me to deposit of Rs.35,000 [or] atleast Rs.10,000 [or] Rs.5,000 immediately within minutes otherwise he will take action. He is mentioning to me to deposit the amount in ICICI bank of his superior's account and not even giving the details of account number and quoting me to go to any nearest ICICI bank and to make a call to him from branch so that he will give the account number to the ICICI Bank Employee. When I have asked him patiently about the details of case, about proof of identification, confirmation etc. He is not willing to provide any details but threatening and applying pressure on me to deposit money without any question for which I have not agreed and mentioned to him why should I pay for a closed account which I am not due? and requested him to present the details even if I am due further. He refused to give details and quoting if you have trust you deposit the amount in turn I will send you the No Due Certificate.

From yesterday, because of the pressure from unknown people of Barclays bank, my health is very badly effected. Earlier in 2008, I have pre-closed my loan account only because of my health condition [heart attack, diabetic attack, neuro problem] but today I am forced to take pressure from Barclyas Bank which is effecting my health badly [my sugar levels and blood pressures are reached to the danger level] for no mistake of mine and mis-management and wrong procedures of Barclays Bank.

Definitely, this type of harassment from a reputed and international firm like Barclays is not expected . Actually, the Barclays Bank has misused my authorization of electronic transfer of funds for the loan account which is closed and using the facility of my bank account which is also closed in 2009 itself. A simple logic is if it is electronic transfer transaction for monthly EMI to be processed why it is not done for so many months from end of 2008 to starting of 2010? why suddenly the electronic transfer transaction has been done in 2010 after collecting the total settlement amount against proper receipts towards the pre-closure of the said account, Receipts of the same, I have already mailed. Is it not a untrade practice of Barclays misusing the electronic transfer undertaking and sending notice under section 25 (1) of The Payment Settlement Systems Act 2007 and pressuring me to make further payment for the already closed account after 3 years and that too without providing any details of account.

Atleast now, Please correct yourself and relieve me of this problem and prove your credentials, brand name and the trust in the general public. Because you are having power and infrastructure, one sidedly, you should not harass innocent person like me.

--
Thanking you
With regards
Venugopal Cheela
[protected] venugopal.[protected]@gmail.com
Plot No.20, Kausalya Estate, Karkhana, Secunderabad - 9.