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Old 10th February 2009, 11:46   #1
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Angry HSBC Bank threat to blacklist me and issue non-baliable warrant

About 6-7 years ago, an ex-colleague of mine had applied for a loan with HSBC Bank. At that time, I believe he had mentioned me as one of the references alongwith a couple other colleagues.

Today I get a call out of the blue from a lady saying that she is from HSBC Legal Department and informs me that my friend has not paid his loan for 6 months or something. She asks me to speak to him and make him pay up. If not, she says I will be -

1. Blacklisted - dont know where or what blacklist this is, but I'm assuming some loan defualters list. Which is quite unfair because I have never owed any money to anybody, let alone a bank.

2. A notice will be sent to my house (this was explained in a rather savage fashion, i.e. Caller - "When will you home?" Me - "How does it concern you?" Caller - "If you're not when the notice arrives, we'll stick the notice on your door".

3. A non-bailable warrant will be issued in my name.

I explain to her that I do not work with him for over 5 years now, and I seriously do not have his contact number. To which she replies that I should pay for him.

I do not remember what exactly transpired 6-7 years ago, but after consulting a kind friend familiar with banking, I called the lady back and confirmed with her that I was not a guarantor in this equation, merely (I hope) a reference. She said she had my signature on the papers as a reference too and that I had telephonically confirmed with the bank that I was a reference when they were doing their checks before issuing the loan.

I also confirmed with her that she had indeed issued all the above threats to me and that they fall within the regulations of a personal loan, which she re-confirmed. I recorded this telephone call.

Can anyone explain whats going on here, and am I indeed liable?
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Old 10th February 2009, 11:56   #2
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B&T, have you checked with the banking ombudsman if this can be done, or is legal?
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Old 10th February 2009, 11:57   #3
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Mostly these are just some tantrums played by the collection agency appointed by the bank, so that you can put some pressure on your friend to pay off their dues..

You can be a bit harsh on her and tell her that he was a acquaintance at that time and now we are not in touch. You are under no obligation to entertain them. You can also warn her that you will meet the branch manager or send a legal notice to them for harassment.

Source: My experience in handling regional collection activities for a NBFC.
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Old 10th February 2009, 12:02   #4
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This is completely illegal, that woman (let's not call her lady) is obviously trying to threaten you without basis. You have nothing to fear.
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Old 10th February 2009, 12:07   #5
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B&T, i had the same situation a few months ago (where my name was given as a reference from a friend who had taken a loan from standard chartered). Be stern with them and inform them that you have recorded the conversation and you'll approach the police. they really cannot do anything to you or your credit worthiness.
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Old 10th February 2009, 12:09   #6
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Just tell them to send the legal notice or whatever and you would reply to it through your lawyer. Considering the costs involved in sending legal notice etc, they will shut up and pursue the original debtor. Considering you are not the guarantor and just a reference, I do not understand how they can threaten you, but if you are the guarantor, things can go bad for you. If you indeed are the guarantor, you are liable to pay up is what I heard from a person who was a guarantor for a loan.

Last edited by hemanthisgreat : 10th February 2009 at 12:19.
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Old 10th February 2009, 12:09   #7
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Quote:
Originally Posted by Bass&Trouble View Post
About 6-7 years ago, an ex-colleague of mine had applied for a loan with HSBC Bank. At that time, I believe he had mentioned me as one of the references alongwith a couple other colleagues.

Today I get a call out of the blue from a lady saying that she is from HSBC Legal Department and informs me that my friend has not paid his loan for 6 months or something. She asks me to speak to him and make him pay up. If not, she says I will be -

1. Blacklisted - dont know where or what blacklist this is, but I'm assuming some loan defualters list. Which is quite unfair because I have never owed any money to anybody, let alone a bank.

Need not worry. This is not possible as you are not the loan holder

2. A notice will be sent to my house (this was explained in a rather savage fashion, i.e. Caller - "When will you home?" Me - "How does it concern you?" Caller - "If you're not when the notice arrives, we'll stick the notice on your door".

Ignore the notice , or give a police complaint against the Bank and the Caller


3. A non-bailable warrant will be issued in my name.

I explain to her that I do not work with him for over 5 years now, and I seriously do not have his contact number. To which she replies that I should pay for him.

I do not remember what exactly transpired 6-7 years ago, but after consulting a kind friend familiar with banking, I called the lady back and confirmed with her that I was not a guarantor in this equation, merely (I hope) a reference. She said she had my signature on the papers as a reference too and that I had telephonically confirmed with the bank that I was a reference when they were doing their checks before issuing the loan.

I also confirmed with her that she had indeed issued all the above threats to me and that they fall within the regulations of a personal loan, which she re-confirmed. I recorded this telephone call.

Can anyone explain whats going on here, and am I indeed liable?

, thats a nice joke someone's played on you.

O K on a serious note, i am from the Banking Sector. NO WORRIES AT ALL

1) There is no chance in which you become liable to pay up his loan outstandings under any rule.

2) If you have gone in as a guarantor, wherein the Bank provides a document Signed by you mentioned as a Guarantor, then you become liable, but even in this case, you can go ahead a file a case against the Bank for sending you a notice in this fashion and can basically put this trouble away for time being on a back foot, Until and unless the Bank finds the actual Loan Holder.

Ignore and if the lady calls back,Stay calm and jovial, take every word of her with a comic tinge. say her that you've recorded all her converstaions along with her landline number. Tell her if i recieve one more call from you, the recorded conversation will land with the police.
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Old 10th February 2009, 12:13   #8
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Quote:
Originally Posted by Bass&Trouble View Post
2. A notice will be sent to my house (this was explained in a rather savage fashion, i.e. Caller - "When will you home?" Me - "How does it concern you?" Caller - "If you're not when the notice arrives, we'll stick the notice on your door".

3. A non-bailable warrant will be issued in my name.

She said she had my signature on the papers as a reference..am I indeed liable?
Chill.

1. As a reference you are not liable.
2. if she calls again get her name, branch, rank etc.. as well as that of her superiors. if she does not comply tell her untill she does you have no obligation to respond to her calls and hang up.
3. I dont think 'she' will call again. if she does tell her to send all communication in writing as such cases are 'managed by the legal department of your company' and it is only the legal department that has the mandate to reply.
4. if she threatens to put a notice on your door tell her (a) you will file a counter suit for defmanation (b) take this issue to the press (c) lodge an FIR with the local police station againt her, her superiors and her company for harrassment as, as a reference, you are aware that you have no financial obligations.


now..just so that we are clear..
did you sign any papers for your 'friend'? if not maybe he forged yuor signature which is often easily proven.

if it is a joke find out whom and reverse the process - many years ago a naighbour of mine once tried something similar. I had him arrested on saturday evening. he cooled his heels in Gamdevi till monday morning. No one jokes with me now!

Dont think I have forgotten CCTB.

Last edited by navin : 10th February 2009 at 12:25.
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Old 10th February 2009, 12:24   #9
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I am not a guarantor.

In another call now (recorded), she informed me that in an unsecured loan, a reference is a gurantor. She said that she is sending a constable today to my home/ office, non-bailable warrant will be issued, some section 138 will be slapped, and that I will have to attend some court. She also told me that I may record the phone conversations as much as I want.

I don't think its a prank. No one would be able to mess with me about something of this sort with so much detail. And I have good reason to believe that my ex-colleague must have indeed defaulted. Not that I can do anything to help though.

Last edited by Bass&Trouble : 10th February 2009 at 12:26.
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Old 10th February 2009, 12:25   #10
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B&T

this is a ploy by collection agencies to actually threaten people so that you can put pressure on your friend and the dues are paid.

there is no way they can do anything against you and they shouldnt be troubling you.

tell them in very clear and hard words that they should go ahead and do whatever they want and stop wasting their/your time on phone.

it will be over.
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Old 10th February 2009, 12:25   #11
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there is no way any notice can be served on you or a non bailable warrant issued if you are just a reference.

in case a notice is served, just make a copy of that and file it with the banking ombudsman

if you are harassed by the bank, you can file an FIR with the cops. if you need any specific legal info, feel free to PM me.

EDIT: just saw your post:

couple of things:

1. section 138 (negotiable Instruments Act) is applicable ONLY for bounced cheques.
2. In case of a legal proceeding, it is a private complaint and NOT an FIR and so the police cannot come to arrest anyone- only if the person named in the complaint does not repeatedly attend the court proceedings, and the court issues arrest warrants, can the police come into the picture.

so chill, they are just bluffing.

Last edited by himanshugoswami : 10th February 2009 at 12:28.
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Old 10th February 2009, 12:26   #12
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Hi B&T, I agree with all here! This is nothing but pure harassment which bank/recovery agencies specializes in, to get the recovery. This is a kind of pressure tactics, wherein the main purpose of the call is to unsettle you, so that you call up the friend (assuming you are still in touch) and tell him (pressurize your friend inturn) that you are getting these calls and ask him to do something.
Believe me, these should be immediately brought up to the notice of the banking ombudsman and also file an FIR with your local police station giving a copy of the recorded telephonic conversation.
If you are just a reference and not a guarantor (meaning, your signature is not in the loan papers as the guarantor), then they have no business calling you and putting you thru' this mental agony.
Hammer the lady or anyone else from HSBC if they call you again!
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Old 10th February 2009, 12:26   #13
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BT, this call is going to come again. See if you can record the conversation. It'll come handy in future.
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Old 10th February 2009, 12:31   #14
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Quote:
Originally Posted by Bass&Trouble View Post
I am not a guarantor.

In another call now (recorded), she informed me that in an unsecured loan, a reference is a gurantor. She said that she is sending a constable today to my home/ office, non-bailable warrant will be issued, some section 138 will be slapped, and that I will have to attend some court. She also told me that I may record the phone conversations as much as I want.

I don't think its a prank. No one would be able to mess with me about something of this sort with so much detail. And I have good reason to believe that my ex-colleague must have indeed defaulted. Not that I can do anything to help though.
This thing has gone to some limits now.

Go to police, call that lady from there and ask her to speak.

You are in no way liable to pay up for the loan under any section of any rule.

Check this below link, you need not fret, Give her a sound advice on the phone and hang up.

Sample Questions-Criminal Offences, Criminal Law, IPC, CrPC

Dont fret dude.
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Old 10th February 2009, 12:35   #15
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Quote:
Originally Posted by himanshugoswami View Post
1. section 138 (negotiable Instruments Act) is applicable ONLY for bounced cheques.
Even in case of cheque bouncing banks do nothing. Last week I had a case where a cheque given by vendor company bounced twice, still HDFC bank says they can't do anything. They say it is up to me to sue and recover the money. And here I was thinking cheque bouncing was a serious offence.

While this HSBC woman thinks she can issue non-bailable warrants and send police to arrest a guy who gave mere reference to a loan. Total nonsense.
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