[Resolved]  HDFC Bank — loan recovery

Address:

New Delhi, Delhi, 110023

I am Priya, I had taken an Auto loan from HDFC Bank in the month of June 2018. Since then I have been paying the monthly EMIs on time, since from last three years I maintained a handsome amount in my salary account. But, because I lost my job suddenly due to a tragic incident at my place, I was unable to pay the EMI for last two months which is January and February. I had informed the bank that due to this sudden state, I am unable to make the EMIs for now but will be paying them back by the end of this month.

However, even after constantly being in touch with HDFC people, their recovery agents started calling me almost everyday and embarrassing me with their harsh words for not being able to pay back the last two EMIs. Earlier also, I had registered a complaint (ID 2222486) but unfortunately no action has been taken against it by HDFC.

But today, what happened was really harsh on my social image. An executive called somebody that I used to know 6 years back in college. We are not even friends but today that person called me and told me the whole story that an HDFC Executive called him in the morning around 12 and asked if he knew me. I was in his vague memory so he accepted he knew me back then but now we are not in touch. So the executive told him that I have an auto loan running on my account for which I have not paid two EMIs. So, that guy asked him what do I do in this case then? To which, that executive told him that Priya has mentioned your name as one of the guarantors in the loan and If Priya doesn't pay the EMIs, his CIBIL will get spoiled and also a legal action will be taken against you.

Out of concern, that guy found out my number through some connection and informed of this whole scenario and how he got a call from [protected].

My question here is- Isn't this kind of a social harassment, HDFC Bank is giving me in the name of those two EMIs? Even after informing them of my current state and taking their calls timely, they are still degrading my image in public? Is this very derogatory? The moment I received a call from that guy, I was in a state of shock. How did the HDFC executive got that guy's number who I have never talked in these last six years? Does HDFC bank hold the right to leak my personal account details without my permission and intimation to anyone? Or are they trapping and hacking my phone and personal data to get contacts from it and harass me in public? Was I not given this loan after checking and assuring my repaying capacity? Also, is HDFC Bank allowed to lie like this????

This kind of harassment is completely intolerable and illegal. For HDFC bank's reference, I quote a few points from RBI guidelines below:

(iii) Fair Practices in debt collection

(a) In the matter of recovery of dues, banks / NBFCs may ensure that they, as also their agents, adhere to the extant instructions on Fair Practice Code for lenders (circular DBOD. Leg. No. BC. 104 /09.07.007 / 2002–03 dated May 5, 2003) as also IBA’s Code for Collection of dues and repossession of security. In case banks / NBFCs have their own code for collection of dues it should, at the minimum, incorporate all the terms of IBA's Code.

(b) In particular, in regard to appointment of third party agencies for debt collection, it is essential that such agents refrain from action that could damage the integrity and reputation of the bank / NBFC and that they observe strict customer confidentiality. All letters issued by recovery agents must contain the name and address of a responsible senior officer of the card issuing bank whom the customer can contact at his location.

(c) Banks / NBFCs / their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude the privacy of the credit card holders’ family members, referees and friends, making threatening and anonymous calls or making false and misleading representations

I want an answer in regards to the mental and social trauma that I had to go through by these HDFC Bank recovery agents.

Please HELP!