COMPLAINT ABOUT RECOVERY AGENT HARASSMENT
Complaint to the lender about the conduct of its recovery agents
Date: __________, at __________
__________
To: __________, __________
From: __________, __________ (email __________, telephone __________)
Subject: __________
Sir or Madam,
- 1. My loan. This complaint concerns __________. __________
- 2. Who is contacting me. __________
- 3. What has been done and said. __________
- 4. What I have already told you. __________
- 5. Why I complain. A lender answers for the agents it uses to recover its dues. Abuse, threats, calls at unreasonable hours, and telling my family, employer or neighbours about my loan are not a lawful way to recover money, and are against the fair practices the Reserve Bank expects of the lenders it regulates.
- 6. What I require. Please, within seven days of receiving this complaint: (a) stop the conduct described above and instruct your agents to do so; (b) contact me only by the means and at the hours the Reserve Bank's directions and your own code allow; (c) tell me in writing the name of every agent or agency authorised to contact me about this loan, and send me their authority; (d) not contact my family, employer or neighbours about this loan; and (e) reply to me in writing, stating what you have done and the name of the officer handling this.
- 7. If it continues. If the conduct does not stop, I will report it to the police, since threats and intimidation can be offences, and I will complain to the Reserve Bank's Ombudsman and, if needed, to the District Consumer Commission, and I will ask for compensation for the harassment. This letter does not waive any of my rights.
ENCLOSURES
__________
LEGAL BASIS
Punjab and Chandigarh: The Reserve Bank of India expects the banks and non-banking finance companies it regulates to follow fair practices in recovering dues, which include a lender answering for the conduct of the agents it appoints and limits on how and when a borrower may be contacted. A lender's service to a borrower is a service under the Consumer Protection Act, 2019, so a complaint of deficiency can be taken to the District Commission, and a complaint to the Reserve Bank's Integrated Ombudsman Scheme in force can follow a rejection or no reply. Threats, intimidation and abuse may also be offences under the Bharatiya Nyaya Sanhita, 2023, which the police can look into. No fee is payable on this letter.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023.
The purpose of collecting the personal data in this document is to identify the borrower, record what the recovery agents did and said, and let the lender investigate and reply.
The record will be held by __________ and may be shared with the lender and its grievance officers, the recovery agency, the police if a complaint is made, the Reserve Bank's Ombudsman, the sender's advocate, and any Commission or court that hears the matter.
If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.
A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.
Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.
Personal-data instruction: __________.
SIGNATURE
______________________________
Signature
Complainant: __________
Place: ____________________
Date: ____________________