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Can a case be filed against a person who is a reference


26-Jun-2023 (In Banking / Finance Law)
Hi, my colleague applied for personal loan through HDFC Bank and used me and other guy as a reference. He might have missed on payments.He currently changed company and Bank person calls me up continuously and says he is not pickup the call. She called today and said Legal case will be filed and I would be included in it. I never signed any document for my colleague, Bank person also specifically said I was a given an reference. I just want to know will I be liable if he does not pay and this kind of harassing, can I take any action if it continues. She did not says I was guarantor but I was a reference. I called up my colleague and he says, he will check with them. I do not want to be involved in all this. Kindly assist on what needs to be done incase they call me and threaten like this again.
Answers (3)

Answer #1
701 votes
Hi,
Don't worry about this issue. You are not responsible for the loan. You are just a reference and not a guarantor.
Please record the call next time for evidence in future. Bank issue legal notice to the borrower not for you.
I think she is calling from recovery agency. Next time ask the details about her, like employee code and branch. And record the conversation.
So, its useful for future action.
So, don't worry nothing will happen.
If they harassed you call me or mail me. Or consult an advocate near you.
Have a nice day.good luck.

Answer #2
846 votes
No financial company can harass you. It's against the law. Only guarantors are liable but mere reference can not be taken in to account.
The bank guys are just trying to get the contact number and to reach the defaulter.
But no need to worry , it's the cheap tricks of the bankers to harass terrorise the people over phone.
Ask them to send a notice !
Answer #3
718 votes
Dear Client, No need to worry on such things as you said you did not sign any assurance documents then it will be okay for you, the bank people call you again tell them i will file a case against to you on harassing, if they want to do anything ask them to do it, you will not have any effect with them. You have only given reference through giving his credentials and the remaining things done by bank itself so no need to bother about it, until unless you personally sign any document which reflect a assurance to your friend then that will be a problem.

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