New Delhi | 16 Aug, 2016 (4 years, 7 months ago)


I need help on what documents are required when settling a loan and procedures

I have a personal loan from Barclays finance that has shut down and the loan is in default. Now I am receiving call from a recovery agency Fincruise Credit Services. They have informed that Barclays has sold the loans to JFC finance Pvt Ltd and then JFC has given the loan Fincruise. I have requested them for the documents, warrants against me and proof of payments if payments are made. They insist cash payment and do no want to share any communication in writing. They have called my office due this this I may loose my job. I need advice on what documents are required and important to settle such loans. Also, Barclays Finance has shut down and JFC Finance has no contact details for me to verify. In addition the public feedback about Fin cruise is not positive. As per internet they buy data from banks like Barclays and Kotak and call loan defaulters. In addition they do not provide proof of payments or NOCs. They are also not authorized to update CIBIL and people get collection calls even after loan is settled. I want to make sure that I am settling this with the correct people and am not harrased after payments are made. Please advice.
19 Aug, 2016 | 12:06

Since there is so much of uncertainty about the recovery agency, we advice that you should not make any further payments till you get written communication. The Supreme Court has in few judgments frowned at the high-handed tactics of such debt recovery agents and has made it clear that such agency can not use threats or muscle power to recover the money. We would suggest that you write a very firm letter stating that unless and until you do not see the documentation that allows them to recover the loan from you, you will not make any payments. You are advised not to make any cash payments. You can also tell them that if they continue harassing you, you will approach the police. If it is a genuine claim they will revert to you with the documents and if its not genuine they will back off when you tell them that you will approach the police for the harassment meted to you.

17 Aug, 2016 | 16:03

In such cases, the entire paper trail is important. Once you have closed the account or paid the entire sum of loan, the bank shall issue a no dues form. But more so, we need to be sure that the loan has actually been forwarded to Fin Cruise for which you will have to do some research and paper work. Further, in case there is any property that has been mortgaged, the bank will issue discharge letter and hand over the documents as well.


Advice on call

Fixed fee on-call advice
from expert lawyers.

talk to a lawyer

Get free Quotes

Post a requirement & get quotes from verified lawyers.

Get Free Legal Advice

Need legal help?

Send us your requirements and get free proposals directly to your inbox.

Get free proposals