Harrassment by Kotak Mahindra-Help!

sammyboy · 2nd February 2009, 13:29

Need your suggestions guys.
Here is the issue :

I had taken a 5 year car loan on increasing installments for my Ford from Kotak Mahindra bank in may 2005. Everything was going smoothly till some time back when one day my father called me saying that there are two guys at the house saying that the installment for Feb 2008 has not been paid. I asked to speak to the guys over the phone and asked them if they had any clue of what they were asking as the amount has been debited from my account in the name of Ford Credit Kotak mahindra via check no. XXXXX.

They admitted that they might not have the complete information and went away saying that they wil check and revert. Did not hear from them again.

Now a few days back I get a letter from their legal dept saying that the feb installment has not been paid and I need to pay the complete balance amount within 7 days including legal charges and other charges or else they will initiate action (read take the vehicle).

They have been coolly taking the installment every month and remembered almost after a year that one installment has not been paid, though I have proof that this is not the case.

I had called the customer care on saturday and told them to have the concerned people call me but I havent heard anything from them till now.

The way they are acting is ridiculous and I have read through threads on the forum regarding their crazy attitude.

I have asked my father to speak to his lawyer an find out the procedure to approach consumer court to report this harassment.

In the meanwhile I am waiting to hear from them. Please let me know what should I do?

narayan · 2nd February 2009, 13:34

sammyboy - you can defer decision to go to consumer court for now

what you can do is put together the facts of the case and write to the banks customer id giving them 4-5 days notice to reply back with an apology letter and claim any damages incurred

if you do not hear, you can put together all this and write via reg post with AD to the local RBI ombudsman ( details are in RBI website )

your problem will definetly get solved in these 2 stages at least

sammyboy · 2nd February 2009, 13:42

Thanks Narayan. I havent started preceedings for consumer court but am just getting all the information from the lawyer to be ready, just in case.

The issue is my father was the co borrower as I did not have a permanent address in delhi then, and the letter is in his name so obviously he is worried. Also, the letter mentions a 7 day response so I do not want them coming to my house in 7 days and harassing my parents without reason.

Will write to them immediately.

iraghava · 2nd February 2009, 13:44

Sammy - Delhi Police has also recently started a helpline to deal with these harassment cases. I'll look up the number for that & pass it on to you. In case these people come to the house again & try any strong arm tactics, ask your father to call the Police.

sammyboy · 2nd February 2009, 13:50

Quote:

Originally Posted by iraghava

Sammy - Delhi Police has also recently started a helpline to deal with these harassment cases. I'll look up the number for that & pass it on to you. In case these people come to the house again & try any strong arm tactics, ask your father to call the Police.

Thanks a lot Ishaan, issue is my parents are in Doon and though we have enough contacts there it is still harrassing that too for no reason.

OT: To rub salt on my wounds I see the Kotak ad on the top of the thread :(

narayan · 2nd February 2009, 13:55

to add on - while you take necessary steps to avoid any untoward incident due to these thugs ( which is quite unlikely given the strong message sent to banks by RBI ), you just need to be cool and prepare your case properly with all details of

1) loan
2) various correspondence
3) visits made- who made them, info about their ID etc
4) calls/letters sent to the bank

put in a notional damages claim ( make it realistic ) and send it right away to bank via email with a notice period. DO NOT DELAY THIS FURTHER

BaCkSeAtDrIVeR · 2nd February 2009, 14:01

Insist on an apology letter, failing which you will take them to (1) banking ombudsman (2) consumer court (3) RBI.

Quote:

OT: To rub salt on my wounds I see the Kotak ad on the top of the thread :(

Take revenge on them!!!! Click on it!!! Make them pay t-bhp - I guess tbhp gets a payper view.

narayan · 2nd February 2009, 14:04

Quote:

Originally Posted by BaCkSeAtDrIVeR

Insist on an apology letter, failing which you will take them to (1) banking ombudsman (2) consumer court (3) RBI.

Take revenge on them!!!! Click on it!!! Make them pay t-bhp - I guess tbhp gets a payper view.

the banking ombudsman is an RBI official.

Lalvaz · 2nd February 2009, 14:12

Sammy boy, just write to the bank along with the proof of payment and send it via registered post. Explain to them that if you are harassed any further, you will publish your experiences in the media.

This should do the trick. Seems to be a stupid mix up. Nothing to worry about, although the embarassment and harassment are really a matter of concern.

ashthedivx · 2nd February 2009, 15:02

Quote:

Originally Posted by sammyboy

Thanks a lot Ishaan, issue is my parents are in Doon and though we have enough contacts there it is still harrassing that too for no reason.

OT: To rub salt on my wounds I see the Kotak ad on the top of the thread :(

Quote:

Originally Posted by iraghava

Sammy - Delhi Police has also recently started a helpline to deal with these harassment cases. I'll look up the number for that & pass it on to you. In case these people come to the house again & try any strong arm tactics, ask your father to call the Police.

Sammy - The no. is 1090, it is Delhi Police Helpline for any sort of Recovery harassment.

Kotak People are actually confused and direction-less. Reaching limits of their confusion i already have all my 5 checks with me (returned via regular kotak post) while my kotak car loan is still on-going

http://www.team-bhp.com/forum/indian...ighlight=kotak

Eddy · 2nd February 2009, 15:09

Quote:

Originally Posted by sammyboy

OT: To rub salt on my wounds I see the Kotak ad on the top of the thread :(

Which shows that Google ad-sense is not too bright

.

I would suggest writing to them and giving them till Friday to respond.

salvation · 2nd February 2009, 15:41

i had simmilar experience with HDFC when i took loan from them for my previous car. There was technical mistake at there end and inspite of me writing , furnishing proof's, talking to there head on phone nothing happened. They religiously sent there agents every two months who first showed me notice and then when i showed them proof of money transfer always promised to rectify it at there end but never did.
So it finally settled when i went to there bank twice spent around 2 hour each time, talked to the concerned person , got it rectified in front of my eyes.
I got so much annoyed that i ended 5 years loan in between and paid the balance amount there only.
So my suggestion no writing will help , it would be good enough if you take all your proof to the branch and show it to concern person and get it rectified there only.
By going to consumer court and talking to guys coming to your house wont help as it will result in wastage of your time and money.

sammyboy · 2nd February 2009, 16:11

Update: Spoke to the car finance customer care.
They asked me if i could go in to a branch, I refused saying that if they could send someone to the house for recovery they can very well send someone to collect the documents again. Was then asked to email the statement which I am doing now along with a stinker.
The cust care lady was polite and helpful so atleast one good thing.
I told them very clearly that if someone comes to my house for recovery I will get them arrested first and talk later. Got the name of the person who would be addressing the concern and her email id. Have asked her to call me latest by tomorrow morning .
Hopefully things should get sorted out, I will in any case press for an immediate closure of loan with a waiver of some amount for harrassment.
Thank you for all your support guys. Will keep you updated on the proceedings.

Salvation:Sad to hear you faced a similar thing man but if they harrass me any further I am ready to spend whatever time and money it costs but will drag them to the court. Countless people like us are harrassed everyday, its time to strike back.

kb100 · 2nd February 2009, 16:33

Write that letter to the bank enclosing copies of the relevant documents. Give them two weeks to get back to you. If you dont hear from them then forward the same to the Banking Ombudsman - believe me you will positively get a response - and most likely you will get your loan written off as well

(damages)

aka_iitd · 2nd February 2009, 16:41

Mistakes are bound to happen. Put all facts in an eamil and send. I feel it would be solved.

2nd February 2009, 13:29	#1
sammyboy Senior - BHPian Join Date: Jul 2006 Location: Ggn/Dehradun Posts: 1,842 Thanked: 526 Times View My Garage	Harrassment by Kotak Mahindra-Help! Need your suggestions guys. Here is the issue : I had taken a 5 year car loan on increasing installments for my Ford from Kotak Mahindra bank in may 2005. Everything was going smoothly till some time back when one day my father called me saying that there are two guys at the house saying that the installment for Feb 2008 has not been paid. I asked to speak to the guys over the phone and asked them if they had any clue of what they were asking as the amount has been debited from my account in the name of Ford Credit Kotak mahindra via check no. XXXXX. They admitted that they might not have the complete information and went away saying that they wil check and revert. Did not hear from them again. Now a few days back I get a letter from their legal dept saying that the feb installment has not been paid and I need to pay the complete balance amount within 7 days including legal charges and other charges or else they will initiate action (read take the vehicle). They have been coolly taking the installment every month and remembered almost after a year that one installment has not been paid, though I have proof that this is not the case. I had called the customer care on saturday and told them to have the concerned people call me but I havent heard anything from them till now. The way they are acting is ridiculous and I have read through threads on the forum regarding their crazy attitude. I have asked my father to speak to his lawyer an find out the procedure to approach consumer court to report this harassment. In the meanwhile I am waiting to hear from them. Please let me know what should I do? Last edited by sammyboy : 2nd February 2009 at 13:30. Reason: edit
	() Thanks

2nd February 2009, 13:34	#2
narayan Senior - BHPian Join Date: Aug 2006 Location: Singapore Posts: 3,133 Thanked: 2,488 Times View My Garage	sammyboy - you can defer decision to go to consumer court for now what you can do is put together the facts of the case and write to the banks customer id giving them 4-5 days notice to reply back with an apology letter and claim any damages incurred if you do not hear, you can put together all this and write via reg post with AD to the local RBI ombudsman ( details are in RBI website ) your problem will definetly get solved in these 2 stages at least
	() Thanks

2nd February 2009, 13:42	#3
sammyboy Senior - BHPian Join Date: Jul 2006 Location: Ggn/Dehradun Posts: 1,842 Thanked: 526 Times View My Garage	Thanks Narayan. I havent started preceedings for consumer court but am just getting all the information from the lawyer to be ready, just in case. The issue is my father was the co borrower as I did not have a permanent address in delhi then, and the letter is in his name so obviously he is worried. Also, the letter mentions a 7 day response so I do not want them coming to my house in 7 days and harassing my parents without reason. Will write to them immediately.
	() Thanks

2nd February 2009, 13:44	#4
iraghava Senior - BHPian Join Date: Oct 2005 Location: Bhaiyyaland Posts: 7,993 Thanked: 281 Times View My Garage	Sammy - Delhi Police has also recently started a helpline to deal with these harassment cases. I'll look up the number for that & pass it on to you. In case these people come to the house again & try any strong arm tactics, ask your father to call the Police.
	() Thanks

2nd February 2009, 13:55	#6
narayan Senior - BHPian Join Date: Aug 2006 Location: Singapore Posts: 3,133 Thanked: 2,488 Times View My Garage	to add on - while you take necessary steps to avoid any untoward incident due to these thugs ( which is quite unlikely given the strong message sent to banks by RBI ), you just need to be cool and prepare your case properly with all details of 1) loan 2) various correspondence 3) visits made- who made them, info about their ID etc 4) calls/letters sent to the bank put in a notional damages claim ( make it realistic ) and send it right away to bank via email with a notice period. DO NOT DELAY THIS FURTHER
	() Thanks

2nd February 2009, 14:12	#9
Lalvaz Senior - BHPian Join Date: Jul 2006 Location: Bombay Posts: 1,458 Thanked: 2,418 Times	Sammy boy, just write to the bank along with the proof of payment and send it via registered post. Explain to them that if you are harassed any further, you will publish your experiences in the media. This should do the trick. Seems to be a stupid mix up. Nothing to worry about, although the embarassment and harassment are really a matter of concern.
	() Thanks

2nd February 2009, 15:41	#12
salvation BHPian Join Date: Jul 2008 Location: chandigarh Posts: 117 Thanked: 11 Times	i had simmilar experience with HDFC when i took loan from them for my previous car. There was technical mistake at there end and inspite of me writing , furnishing proof's, talking to there head on phone nothing happened. They religiously sent there agents every two months who first showed me notice and then when i showed them proof of money transfer always promised to rectify it at there end but never did. So it finally settled when i went to there bank twice spent around 2 hour each time, talked to the concerned person , got it rectified in front of my eyes. I got so much annoyed that i ended 5 years loan in between and paid the balance amount there only. So my suggestion no writing will help , it would be good enough if you take all your proof to the branch and show it to concern person and get it rectified there only. By going to consumer court and talking to guys coming to your house wont help as it will result in wastage of your time and money.
	() Thanks

2nd February 2009, 16:11	#13
sammyboy Senior - BHPian Join Date: Jul 2006 Location: Ggn/Dehradun Posts: 1,842 Thanked: 526 Times View My Garage	Update: Spoke to the car finance customer care. They asked me if i could go in to a branch, I refused saying that if they could send someone to the house for recovery they can very well send someone to collect the documents again. Was then asked to email the statement which I am doing now along with a stinker. The cust care lady was polite and helpful so atleast one good thing. I told them very clearly that if someone comes to my house for recovery I will get them arrested first and talk later. Got the name of the person who would be addressing the concern and her email id. Have asked her to call me latest by tomorrow morning . Hopefully things should get sorted out, I will in any case press for an immediate closure of loan with a waiver of some amount for harrassment. Thank you for all your support guys. Will keep you updated on the proceedings. Salvation:Sad to hear you faced a similar thing man but if they harrass me any further I am ready to spend whatever time and money it costs but will drag them to the court. Countless people like us are harrassed everyday, its time to strike back.
	() Thanks

2nd February 2009, 16:33	#14
kb100 Senior - BHPian Join Date: Feb 2006 Location: Bangy Boy! Posts: 1,556 Thanked: 23 Times	Write that letter to the bank enclosing copies of the relevant documents. Give them two weeks to get back to you. If you dont hear from them then forward the same to the Banking Ombudsman - believe me you will positively get a response - and most likely you will get your loan written off as well (damages)
	() Thanks

2nd February 2009, 16:41	#15
aka_iitd BHPian Join Date: Aug 2008 Location: Bangalore Posts: 637 Thanked: 52 Times	Mistakes are bound to happen. Put all facts in an eamil and send. I feel it would be solved.
	() Thanks