CLEARABHYAM SERVICES
Legal Advisory
KNOW YOUR RIGHTSCLEAR / BORROWER INFORMATION

You owe money.
You still have rights.

Understanding your obligations and knowing your rights belong in the same conversation.

Borrowers are expected to repay legitimate dues. Recovery must still follow proper process.

Explore your rights
YOUR OBLIGATIONS.YOUR RIGHTS.YOUR NEXT STEP.
A CLEARER START

Recovery communication.

Privacy. Notices.

The right next step.

When financial pressure starts building, it is easy to react to every call, message or notice separately.

A better place to start is with the full picture.

Who is contacting you?

Which lender is involved?

What is overdue?

What documents have you received?

What has actually been said or threatened?

What evidence do you have?

CLEAR helps you organise the situation before deciding what should happen next.

REPORT RECOVERY BEHAVIOURTALK TO CLEAR

01 / YOUR RIGHTS AS A BORROWER

Being in debt does not mean giving up your dignity.

A borrower has responsibilities.

A lender has rights too.

But those rights do not create a free licence for intimidation, humiliation or inappropriate recovery conduct.

RBI guidance says regulated entities remain responsible for the actions of the recovery agents they employ and must ensure that neither they nor their agents resort to intimidation or harassment in debt collection.

In practical terms, you should expect:

  • Communication that is professional
  • Clear identification of who is contacting you
  • Accurate information about the account
  • Respect for your privacy
  • Appropriate timing of recovery calls
  • No threatening or humiliating behaviour
  • No false or misleading representations
  • A proper grievance route where applicable

Your rights do not cancel the debt.

They govern how the debt should be handled.

CLEAR PRINCIPLE

Repayment is a financial obligation.

Dignity is not negotiable.

02 / WHAT RECOVERY AGENTS CAN DO

Recovery is permitted.

Harassment is not.

Recovery agents may contact borrowers in relation to legitimate outstanding dues.

They may communicate about:

  • Amounts due
  • Missed repayments
  • Payment arrangements
  • Settlement discussions
  • Account status
  • Required documentation
  • Next steps
  • Escalation processes

Depending on the lender, agreement and legal position, they may also conduct authorised follow-ups or visits.

The important distinction is this:

Recovery activity should be lawful, proportionate and professional.

A recovery agent does not become the lender.

And outsourcing recovery does not remove the regulated lender’s responsibility for the agent’s behaviour. RBI’s 12 August 2022 circular expressly says the ultimate responsibility for outsourced activities remains with the regulated entity.

If you are contacted, note:

Agent’s name

Organisation

Lender represented

Date

Time

Phone number

Reason for contact

What was requested

What was said

Any deadline given

Keeping records helps turn a stressful conversation into something that can be properly reviewed.

03 / WHAT RECOVERY AGENTS SHOULD NOT DO

Pressure has limits.

RBI guidance tells regulated entities to ensure that they and their recovery agents do not use intimidation or harassment, whether verbal or physical.

It specifically refers to conduct such as public humiliation, intruding upon the privacy of family members, referees or friends, inappropriate mobile or social-media messages, threatening or anonymous calls, persistent calling, false representations and calls before 8:00 a.m. or after 7:00 p.m. for recovery of overdue loans.

Warning signs may include:

  • Threatening language
  • Anonymous calls
  • Repeated calls designed to intimidate
  • Humiliating you in front of others
  • Contacting family or friends inappropriately
  • Inappropriate social-media messages
  • False claims about legal action
  • Misrepresenting who they are
  • Calls outside the permitted recovery-call window
  • Conduct intended to create fear rather than communicate properly

If this happens:

Do not argue endlessly.

Do not delete the evidence.

Record the date, time and details.

Save messages and emails.

Identify the lender and recovery agency.

Then decide whether the matter should be raised with the lender, escalated through its grievance process or reviewed legally.

REPORT RECOVERY BEHAVIOUR

04 / CALLS, MESSAGES AND VISITS

Every contact leaves a trail.

That trail matters.

If calls or visits have become the most stressful part of your debt problem, start documenting them properly.

For calls, keep:

Date

Time

Number

Name of caller

Organisation

What was said

Whether threats were made

Whether family members were contacted

Whether the same issue was repeated

For messages, keep:

SMS screenshots

WhatsApp screenshots

Social-media messages

Emails

Voice notes

Payment demands

Threats

Settlement offers

For visits, note:

Date

Time

Location

Names

Organisation represented

What was said

Who else was present

Any documents shown or handed over

Do not rely on memory later.

Create a simple record now.

RBI guidance specifically addresses persistent calls and recovery calls before 8:00 a.m. or after 7:00 p.m. in relation to overdue loans.

CLEAR PRINCIPLE

Don’t react to every contact.

Record it. Understand it. Then respond.

05 / YOUR PRIVACY

Your financial difficulty is not public information.

Privacy matters during debt recovery.

Recovery should not become an excuse to expose, embarrass or unnecessarily involve people around you.

RBI guidance warns against conduct intended to intrude upon the privacy of a debtor’s family members, referees and friends. It also requires regulated entities to ensure their agents do not engage in such behaviour.

Older RBI guidance on recovery agents also emphasises strict customer confidentiality and appropriate handling of customer information.

Pay attention if:

Your employer is being contacted unnecessarily.

Friends are being told about your debt.

Family members are being pressured.

Private information is being shared.

Recovery communication is being sent through inappropriate social channels.

People unrelated to the debt are being drawn into the matter.

The exact legal position depends on the lender, product, circumstances and applicable rules.

But privacy should always be taken seriously.

DISCUSS A PRIVACY CONCERN

07 / HARASSMENT AND ESCALATION

When communication crosses the line, structure matters.

If recovery conduct feels inappropriate, the next step should not be another emotional argument.

It should be a documented escalation.

Start with evidence.

Collect:

Call logs

Messages

Emails

Names

Dates

Screenshots

Audio records where lawfully available

Visit details

Previous complaints

Then identify the right route.

Depending on the case, escalation may involve:

The lender’s grievance team

The regulated entity’s designated grievance officer

A formal written complaint

A regulatory grievance process

Legal review

Further professional action

RBI guidance makes clear that violations involving intimidation or harassment by regulated entities or their recovery agents are viewed seriously.

Important:

The existence of inappropriate recovery conduct does not automatically cancel the underlying debt.

Treat the two issues separately.

The debt needs a strategy. The conduct may need escalation.

REPORT RECOVERY BEHAVIOUR

08 / WHAT DOCUMENTS YOU SHOULD KEEP

Good decisions need good records.

Retain everything connected to the loan and the recovery process.

Loan documents

Loan agreement

Sanction letter

Repayment schedule

Key fact statements where applicable

Terms and conditions

Financial records

Bank statements

EMI records

Receipts

Payment confirmations

Outstanding statements

Settlement offers

Communication

Emails

SMS

WhatsApp messages

Recovery letters

Call logs

Complaint references

Legal documents

Demand notices

Legal notices

Arbitration-related documents

Court documents

Responses already sent

Credit documents

Credit reports

Dispute records

Correction requests

Lender reporting

Why this matters

A borrower may remember the problem as:

“Recovery agents are calling me.”

But the legal and financial picture may actually depend on:

When the default happened.

What the agreement says.

What has been paid.

What notice was served.

What the lender communicated.

And what evidence exists.

The clearer the record, the clearer the advice.

LET CLEAR REVIEW MY DOCUMENTS

09 / WHEN YOU SHOULD SPEAK TO A LAWYER

Not every debt problem needs a lawyer.

Some definitely do.

Consider legal advice when:

You receive a formal legal notice.

A dispute is escalating.

You are unsure about the meaning of a contractual clause.

Recovery conduct appears serious or inappropriate.

You have received arbitration or court-related communication.

A lender is claiming something you believe is incorrect.

There is a disagreement over the amount owed.

You have made payments that do not appear to have been credited correctly.

Your privacy may have been improperly breached.

You are being asked to sign documents you do not understand.

A lawyer’s job is not to make the situation sound frightening.

It is to help you understand:

What the document means.

What your obligations are.

What your rights are.

What your options are.

And what happens if you do nothing.

SPEAK TO CLEAR LEGAL

RBI & regulatory guidance

Read the rule. Understand the context.

RBI’s circular dated 12 August 2022, titled “Outsourcing of Financial Services — Responsibilities of regulated entities employing Recovery Agents”, states that regulated entities remain responsible for the actions of their recovery agents and must ensure that recovery activity does not involve intimidation, harassment, public humiliation, inappropriate privacy intrusion, threatening or anonymous calls, persistent calling, calls before 8:00 a.m. or after 7:00 p.m. for recovery of overdue loans, or false and misleading representations.

The circular applies to specified regulated entities including commercial banks, certain financial institutions, NBFCs including housing finance companies, co-operative banks and asset reconstruction companies; microfinance loans covered under the separate 2022 microfinance framework are excluded from that circular’s scope.

Important

This page provides general information.

The exact rules that apply can depend on:

The lender

The type of loan

The regulated entity

The recovery arrangement

The documents

The facts of the case

The applicable legal and regulatory framework

Always read the original circular and seek case-specific advice where necessary.

READ THE RBI CIRCULAR ↗

Questions, answered.

ONE CLEAR PLACE TO START

You don’t need to understand everything
before asking for help.

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