The first question that bothers most borrowers who have attended the first hearing in an online loan app harassment matter is – Now what? What happens after the first hearing in loan app harassment matter? In my experience representing borrowers against loan app harassment calls, cyber harassment by loan apps and online lending related disputes, borrowers come out of the first hearing with lots of emotions. Some hope the court will pass a final order today itself. Some expect recovery calls to stop today. Some think that the lender or loan app will retaliate and try to recover the entire inflated loan amount at once. Nothing happens like that usually. In most online loan app legal cases, the first hearing is just the beginning of a formal legal process. Usually, the authority be it court, consumer forum, police authority, cyber cell or any other concerned authority tries to understand the facts presented before it during the first hearing. What basic facts were communicated? What is the nature of harassment? What loan app is causing trouble? Who is the real lender behind the app? What documents has the borrower provided? Does the borrower need urgent relief from harassment or not? Therefore, the legal issue in an online loan app harassment matter may not always be about loan repayment. The legal problem can also be about abuse and threatening calls by loan apps, cyber harassment by loan apps, rude recovery agents, misuse of contact list, blackmail using WhatsApp chats, morphed photo threats, demanding inflated loan amount, threatening employees or office colleagues, contacting family members etc. The problem isn’t always about immediate loan settlement or recovery demands. Let me explain what happens after first hearing in online loan app harassment matter. Don’t assume too much too soon. For starters, you need to understand what exactly the first hearing means when you file a harassment complaint against loan apps or recovery agents. The first hearing in any matter gives a first impression to the authority about your complaint, documents, urgency, legal wrongdoing etc. If the matter is filed before a civil court or consumer forum, the opposite side lender app or recovery agency maybe directed to file a reply to your complaint. If you have filed the complaint with police or cyber cell, the authority may be asked to file a status report after examination. If the matter involves a regulated lender or recognised recovery agency, you may be asked to file call records, chat screenshots, loan app details, loan documents, repayment evidence, recovery agent names etc. Therefore, what borrowers want after the first hearing is clarity. Clarity about the next date and what happens on the next date. Clarity about what documents they should arrange or prepare. Whether a reply should be filed or not? How to get relief from further harassment? During the first hearing, the borrower also gets an opportunity to demonstrate that he or she is not running away from repaying a genuine loan. The borrower is merely saying that something improper is happening and he or she needs protection against blackmail, abuse, privacy breach, contact list misuse, morphed images threat, fake legal threats, fake police threats, inflated wrongful recovery demands etc. Borrowers can politely tell the lender or app that they are willing to discuss legal settlement of the verified loan account. However, harassment, third party pressure, threats, excessive charges, intimidation, defamation etc will not be tolerated. Just because you have taken a loan doesn’t mean you are forced to accept illegal practices during recovery. Remember, RBI’s digital lending framework not only recognises regulated entities and lending service providers under digital lending arrangements, it also opens scope for digital lending complaints to examine whether the loan app is associated with a regulated lender or an unregulated fly by night lending platform. The digital lending complaints may also involve cyber harassment aspects if there are elements of morphed photos threats, blackmail through chats or online financial frauds. In such cases, borrowers can also file complaint with National Cyber Crime Reporting Portal or cyber helpline number 1930. Sometime after the first hearing in loan app case, the following things can happen depending on where you have filed the complaint and what relief you have asked for. The court, forum or authority may issue notice to the loan app, lender, NBFC, collection agency, recovery agent, loan recovery company, payments partner or any other party that is named in your complaint. Loan app harassment lawyer can help borrowers understand at what stage notice can be issued, how to oppose loan app notice if the same has been wrongly issued ex-parte and what happens after notice is issued to the opposite side lender or loan app. Notice means that the opposite side has been formally asked to appear in front of the authority and respond to your complaint. No immediate relief is passed just because notice is issued to the opposite side. Notice simply means that the forum wants to hear the other side too. But what if the borrower does not know who the real lender is? In many illegal loan recovery apps cases, borrowers have no clue about who lent them money. Some apps deliberately mention a different app name. Some show payments link of a different NBFC. Some money comes from a completely unknown source. And then recovery calls come from unknown numbers. In such cases identification of opposite party becomes one of the crucial tasks after the first hearing. Once notice is issued, the lender, loan app, collection agent or recovery agency will have the opportunity to file a written reply. The reply may deny harassment. The reply may say that the borrower has defaulted. The reply may justify recovery calls. Or the lender may mention a very high inflated loan amount as outstanding. Don’t panic if you see an angry reply from the lender or loan app after your harassment complaint is heard in court or consumer forum. Loan apps and lenders often include strong words in their replies. Their reply will mostly include legal terminologies. But your rejoinder should be simple, based on facts and documents. If you see a huge outstanding claim in the lender’s reply, match that claim with the actual loan amount disbursed, your repayment history, documented processing fees if any, interest charged, penalties if mentioned in loan agreement, overdue charges if any, platform charges, convenience charges and any amount already paid to the lender or loan app. Just because an app or lender claims Rs. 50,000 is due, doesn’t mean you actually owe that much. Borrowers often get panicked on seeing triple or double the amount they borrowed from loan apps. Panic is what harassment calls want. Delete those harassment messages and calls screenshots. Keep documents that support your claim and reply to the lender or loan app. In case your online loan app harassment complaint also involves cyber crimes such as blackmail using chats, threats using morphed photos, illegal sharing of contacts or data from your phone without permission etc, the court may ask police or cyber cell to file status report. Status report basically mentions facts like whether complaint was received by police, whether mobile numbers were examined, whether bank accounts or UPI IDs were checked, whether notice was issued to the loan app or lender and whether any criminal angle is visible from the complaint. Any illegitimate threats like sending your edited photos to your contacts, threatening your family members over call, using abusive language, threatening arrest by police, impersonation of police officers or bank officials, extortion of money using threats etc will be carefully looked into by the police once they receive a court directed status report request. Most borrowers have one common thing in mind after the first harassment complaint hearing. Stop the calls. Stop the threats. Don’t contact my family again. Don’t harass my office colleagues. Depending on facts and forum, borrower can request the authority to pass interim directions restraining loan app, lender or recovery agents from: Harassing calls Abusive language Coercive recovery tactics Contacting third parties or relatives Misusing personal information or contact lists Circulating private images or morphed photos Interim protection cannot always be granted on the first date. That would not be fair to the other side. But if the facts and documents submitted by you are strong, you can request urgent interim relief against illegal recovery practices. Screenshots, call recordings (if any), WhatsApp chat history, names of recovery agents, mobile numbers used by loan app for threats and calls, screenshots of abusive calls and threats can go a long way in stopping harassment after the first hearing. Remember that harassment calls cannot continue if you can prove harassment. Supply evidence and stop harassment. Another surprise element for many borrowers is that your loan app harassment lawyer can also discuss settlement where there is a genuine lending relationship. You may think asking for protection against harassment and discussing settlement are two different things. They are not. You can always tell the lender that “I am willing to settle the lawful dues in my loan account. But I will not tolerate illegal harassment and intimidation. I will not accept threats, abusive calls, fake legal threats, blackmail using chats or photos, infringement of my privacy, and illegal contact of my family members or office colleagues.” Where there is a legitimate loan relationship between borrower and lender, court or consumer forum may encourage both parties to settle the dispute amicably. Loan settlement can include payment of a reasonable amount, waiver of unreasonable penalties, issuance of loan closure letter, no dues certificate, stopping of recovery calls against loan account, and confirmation from lender that loan account is closed. Where the loan app case is suspicious or outright fake, focus will continue to remain on your harassment complaint, police investigation, request for protection against illegal recovery tactics, and action against wrongful recovery practices. After attending the first hearing in your loan app harassment case, you will realise that this matter is going to become document intensive. The court, forum or authority wants to see evidence after the first hearing. Emotional narration is important, but evidence will decide how your matter proceeds. I have seen honest borrowers suffer because they erased WhatsApp chat history in anger or embarrassment. Please do not do that. You never know when a chat message or call become critical evidence in your case. Preparing evidence doesn’t mean collecting screenshots and submitting them in court. Although you should keep all original evidence in one place. After filing a harassment complaint against loan apps or collection agents, borrowers should prepare a neat file containing all important documents and evidence. Following are the documents and evidence you should safely preserve: Loan app name Screenshots of loan app dashboard Loan ID if applicable Actual amount disbursed by loan app Amount demanded by loan app Proof of repayment made to loan app Bank statement showing loan disbursal and repayment transactions UPI transaction details WhatsApp chat history with loan app or lender SMS messages received from loan app Call logs Call recordings if available Names of recovery agents Mobile numbers from where calls are received Screenshots showing abusive language used by lender or recovery agents Screenshots of threats to contact your family or office Proof that loan app has contacted family members or office colleagues Copy of cyber complaint acknowledgement Copy of police complaint filed Order from first hearing Also, keep evidence of actual loan transacted. Because where there is genuine lending relationship, borrowers can request dismissal of illegal recovery tactics while offering to settle lawful dues. If unknown persons have called your family members, friends, employer, office colleagues or neighbours and threatened to trouble them, ask them to save the number and message on their phone. Do not ask them to abuse the caller. Ask them to safely preserve evidence. That is more helpful legally. It always helps if you prepare a date wise timeline of events for the authority. Include simple facts like when you took loan, how much amount was disbursed, how much money you received in your bank account, how much money you paid back, when did you default (if any), when did harassment begin, what threats were made against you, who else was contacted by loan app, when did you file the complaint, what was decided on the first hearing date, and what happened after the first hearing. For example: A borrower may write down that Rs. 8000 loan was disbursed. Rs. 12000 has already been paid to lender but the loan app is demanding Rs. 28000 and calling all contacts. Another borrower can write that she does not remember taking any loan but money was credited to her bank account and repayment threats started within a few days of account creation. Both facts change legal approach towards online loan app harassment. A salaried borrower took a small digital loan from a bank during a medical emergency. Due to job loss, he was not able to make timely repayment. The loan app started harassing his wife, office colleagues and relatives. Harassment after taking loan was not the main issue at first hearing. The main legal issue was whether the lender or loan app could recover the money using abusive calls, threat to contact office, and harassment of third parties. After attending the first hearing in online loan app harassment complaint, borrower prepared a timeline, submitted call logs, relevant screenshots and proof of repayment made. This helped separate genuine dues from wrongful harassment by the loan app. A student girl downloaded an instant loan app after seeing television advertisement. She received a small instant credit but within few days, she started getting calls from unknown persons demanding ten times the amount borrowed. They also threatened to share edited photos of her with contacts saved on her phone. She attended the first hearing after filing a police complaint. But after the first hearing, focus was more on asking cyber cell to follow up the complaint, preserving screenshots, reporting annoying caller numbers and requesting urgent protection from further misuse of edited photographs. Often, quick preservation of evidence can prevent bigger harassment. Can court stop every recovery call immediately? Can police arrest the caller immediately after first harassment complaint hearing? Will the loan get waived just because you have been harassed? These questions bother every borrower after attending the first hearing in online loan app matter. Honest answer is Relief depends on facts of your case, documents you have, forum where complaint is filed, urgency of matter based on harassment, and the nature of wrongful conduct alleged in your complaint. However, borrowers can ask for these practical reliefs after the first harassment complaint hearing in online loan app matter: Borrowers can seek immediate directions against: Harassment calls Misuse of contact list Threatening calls to office colleagues or family members Continued recovery attempts after filing complaint Social media harassment Borrowers can request police action or status report to ensure: Police or cyber cell examine mobile number from where calls are received. Police verify bank account or UPI ID if money was credited to your account without your knowledge. Borrowers can request court to stop misuse of personal information obtained from your smartphone including contacts, gallery photos, identity documents stored on phone etc. You can also request court that loan app, lender, NBFC or unknown persons calling you should not contact third parties or people present in your mobile contact list. Some borrowers are more interested in settlement than fighting the loan app or lender in court. That is completely understandable. Not everyone can afford long drawn harassment calls or legal battle. If the loan is genuine, you have taken loan consciously and you are financially distressed due to some genuine reasons like loss of job, accident, medical emergency etc then you can request court to work out a fair settlement. You can request waiver of unfair penalties and request written confirmation from lender that your loan account is closed and no dues remain after making the payment. Beware of your words. Do not send messages like this to the lender or loan app: I will pay any amount. Please stop calling me. Such emotional messages can come back on you and be used against you. A better line to use would be: I am willing to discuss lawful settlement of verified loan account. But harassment, intimidation, threats and illegal pressure on my family members will not be tolerated. Remember that if the loan is from a regulated lender, NBFC or a recognised loan recovery agency then borrower protection doesn’t just stop at waiver or settlement. You can also file a complaint against wrongful recovery practices followed by the lender or loan app during recovery of your loan. Amount is definitely important, but how the lender or loan app treats you is also important. RBI has said repeatedly that RBI will take serious view of complaints regarding abusive conduct by loan recovery agents. This becomes relevant in harassment by loan apps cases where lender uses abusive language over calls, humiliates borrowers during recovery, pressure coerces you to pay unfair amounts and follows unethical recovery tactics. The period immediately after attending first harassment complaint hearing is very crucial. One wrong whatsapp message to loan app, one missed document or screenshot and one emotional payment to unfamiliar bank account can create unnecessary confusion in your matter. Avoid these mistakes after attending the first hearing in online loan app matter: This is one mistake I see happening too often. You receive abusive messages, threats over calls or loans asks you to pay some illegal amount. You get angry. You delete the message or call log. Don’t do that. Vulgar messages are still messages. Abusive calls may hurt you emotionally, but keep the call log and write â€abusive call received, borrower complained to police.’ In harassment by loan apps cases ugly evidence often helps your case. If someone claims that you pay in 10 minutes or else we will share your photos with everyone. Stop and think. Think about what happened in last 1-2 days. Did you take loan from this app or lender? Can you see the lender name or loan ID mentioned in the UPI transaction? Why are they demanding such a high amount? Did you agree to any inflated charges? Simply paying because someone is threatening to call your contacts may not stop loan harassment. It may also not settle your loan legitimately. It may put you into bigger trouble. Payments made under emotional stress or blackmail are recoverable loans. Don’t fall for such tactics. We all get angry hearing abuses over phone. But screaming back at recovery agent will only make the problem worse. Keep your reply short on such calls. Ask them to communicate via email. Do not abuse them back. Do not give unsolicited information about your income, assets or family members. Let them make the first mistake. Your calm approach will help your lawyer fight your case better. Reply filed by lender or loan app isn’t the final order. You will get an opportunity to file a written response to lender’s reply. This is called rejoinder. Do not file emotional rejoinder. Rejoinder should address all wrong facts mentioned in lender’s reply. Rejoinder should clearly mention loan amount disbursed, payment already made, inflated charges if any, dates on which harassment took place, copy of complaints sent to authorities, and your willingness to settle genuine loan amount. Loan app harassment complaints are different. Some matters are against genuine lenders with poor recovery practices. Some matters are against completely fake loan apps. Some matters are against identity theft. Some matters are against blackmail using your personal information. Some matters are about minor defaults followed by huge inflated recovery demands. Some matters are against unauthorised recovery agencies not revealing their agency identification and real names. Every case is unique. Strategy and legal advice should be customized to fit the facts of your case. Copy paste complaints usually miss the point. Like I said earlier, after attending first hearing in online loan app harassment matter, take these crucial steps: Understand the exact direction that was passed by the forum on first date. Don’t rely on your memory. Verify whether notice was issued or not. Reply was asked for or not. Police was asked to file status report or not. Whether you were asked to file documents. Whether opposite side was present on the date. Whether the forum suggested settlement on the date. Clients often come back and say the matter got next date. That is not enough information. Ask your lawyer for the copy of first hearing order. Keep all screenshots, loan records, repayment records, messages, call logs, UPI transaction details and complaint acknowledgements in one place. Keep it factual. Don’t crib about how you have been harassed. Simply state facts when harassment started, what unfair charges are being demanded, and what illegal acts were done by lender or loan app after your complaint was filed. Keep your response crisp and short. Switch to emails wherever possible. If you have verified lender identity and loan ID, then you can go ahead and make payment. But don’t pay under pressure and blackmail. If lender or loan app continues to harass you even after your complaint is pending, record date, time, number and exact words used against you. If they call your family members or office colleagues, get proof from them and inform your lawyer immediately. Many borrowers come for first hearing and then they become complacent. Avoid that mistake. Just because you have filed a complaint doesn’t mean the lender or loan app will stop harassing you. There are numerous online lenders harassing borrowers in India. Just because one decided to back off, doesn’t mean others will. What borrowers need after attending the first hearing is: Clarity about the next date and what happens on the next date. Help in arranging required documents. And a practical plan about how to approach the next date. Under Loan Settlement Lawyer and the expert guidance of Advocate BK Singh, borrowers can get assistance in online lending harassment India cases, loan recovery harassment legal notice response, digital lending dispute resolution, drafting of replies and rejoinders, legal guidance for drafting complaint against loan app harassment, negotiating settlement where loan is genuine and follow up strategy after attending the first harassment complaint hearing. Obtaining a copy of first hearing order and understanding the exact direction passed on first date is important. Don’t just attend the hearing and start panicking if notice was issued against you. Did the court direct police or cyber cell to file status report? Was borrower asked to file documents? Were you asked to send settlement proposal? All these small questions matter and can be answered by carefully reviewing the order from first hearing. If lender or loan app files reply, borrower will need a rejoinder. If police or cyber cell status report is not satisfactory, borrower can file additional representations. If borrower failed to submit important evidence earlier, borrower can file additional documents after first hearing. A well organised document set often shifts the entire focus of the case. Not every borrower wants to fight loan app harassment cases. Some borrowers just want their matter to go away without harassment. If the loan is genuine, borrowers have the option of legally settling their dispute. Loan Settlement Lawyer can guide borrowers to draft a reasonable settlement request. Challenge unfair charges, request waiver of penalties and receive written closure terms from lender. Harassment complaint that was filed against loan app or lender can also be used to file a complaint regarding abusive recovery calls. Loan app or lender may have legally disbursed a loan, but are they recovering the loan in a lawful manner? RBI has clearly mentioned that RBI will not tolerate complaints regarding abusive behaviour by loan recovery agents. Once again, if your matter involves recovery related harassment using abusive language, threats, humiliation, repeated calls and texts then you can strengthen your harassment complaint by filing a written complaint against recovery conduct. Delete messages and call logs. Don’t delete chats and messages just because someone has used abusive language. It may be ugly, but keep it. If necessary create a separate folder for abusive calls and messages and share it only with your lawyer. Pay to unknown UPI IDs if someone threatens you. Stop fighting, learn from my mistakes. If someone calls you and threatens to share your contacts or photos or scare you with police complaints. Verify lender identity, check the UPI transaction details and don’t panic. Fight back with recovery agents during calls. Gently remind them you have filed complaint and send them email. Ask for details and tell them politely to refrain from abusive language. Send emotional messages to loan recovery agents. Let your lawyer fight for you. Don’t get carried away in emotional arguments. You should follow instructions of your lawyer whether you need to attend every date personally or not. In many cases, borrower presence is not mandatory at every hearing if your lawyer appears on your behalf. However, do not assume this. If the court or police authority specifically asks for borrower presence then you should attend the date. You should always keep a separate folder for all important documents. Keep loan app screenshots, loan disbursement proof, repayment proof, bank statements showing loan transaction, UPI transactions related to loan and loan settlement if any, all chat conversations with loan app or lender, call logs, abusive messages, proof of contacts called by loan app etc in safe place. Verbal settlement can be a good option where lender is genuine. But once a court complaint is filed, it is always better to have written settlement terms. Reason is obvious. Verbal agreements can be denied later. After complaining about loan app harassment, if you decide to settle genuine loan you should first seek acknowledgement from lender about loan amount and lender identity. Then make the payment and get a written receipt from lender confirming loan closure. Just because you have attended first date doesn’t mean harassment will stop. Remember loan apps are everywhere. If one decides to leave you be, others will try to lure you into taking loans. After attending the first hearing in online loan app harassment matter, keep documenting fresh incidents of harassment. Date, time and number of incoming calls. Exact threats made against you. If loan app continues to call your family, office colleagues or neighbours then get evidence from them and send a report to your lawyer. Every piece of evidence counts. So these were some of the steps that happen after attending the first hearing in online loan app harassment matter. Whether you can stop loan app harassment after first hearing completely depends on facts, documents, evidence you have preserved and how you respond after filing your complaint. Loan Settlement Lawyer and the team of skilled lawyers led by Advocate BK Singh guide borrowers with effective harassment complaint drafting against loan apps or collection agents, legal notice drafting in response to loan recovery harassment calls, approaching consumer forums and civil courts in online lending disputes, negotiating lawful settlement where lender is genuine, counsels borrowers on post hearing legal strategy and represents borrowers in harassment related online lending matters India wide. Advocate BK Singh is the founder of Loan Settlement Lawyer . Loan Settlement Lawyer is assisted by a team of experienced lawyers having expertise in civil litigation, consumer law, criminal law, digital lending disputes and online harassment related matters. Advocate BK Singh represents borrowers against loan settlement harassment, loan recovery harassment legal notices, unlawful recovery practices by NBFC loan agents, digital lending app complaints, cyber harassment by loan apps, loan app misuse of contact lists, fake loan apps and loan recovery legal notices. Loan Settlement Lawyer tries to understand each borrowers unique problem, analyse evidence and provide pragmatic legal advice to fight harassment by loan apps and recovery agents. This article is meant for general awareness purposes only and should not be construed as legal advice on specific facts. Legal strategy and documents will change depending on the facts of your case, evidence available and forum where matter is pending.What Happens After The First Hearing in Online Loan App Harassment Matter? by Advocate BK Singh
UNDERSTANDING THE IMPORTANCE OF THE FIRST HEARING IN AN ONLINE LOAN APP HARASSMENT CASE
WHAT USUALLY HAPPENS AFTER THE FIRST HEARING IN ONLINE LOAN APP MATTER?
Notice May Be Issued To Loan App Or Lender
Opposite Side May Be Asked to File Reply
Police Or Cyber Cell May Be Asked to File Status Report
Interim Directions May Be Considered
Loan App Harassment Lawyer Can Discuss Settlement Options Too
EVIDENCE YOU SHOULD PREPARE AFTER FIRST HEARING IN ONLINE LOAN APP MATTER
IMPORTANT EVIDENCE TO KEEP FOR YOUR ONLINE LOAN APP HARASSMENT CASE
IF LOAN APP HAS MISUSED YOUR CONTACT LIST OR THREATENED TO SHARE YOUR EDITED PICS, SAVE THAT EVIDENCE SAFELY
PREPARE DATE WISE TIMELINE OF IMPORTANT EVENTS FOR COURT OR POLICE
Mini Case Study 1: Genuine Loan But Illegal Recovery Tactics
Mini Case Study 2: Suspicious Loan App But Threatening Blackmail Calls
POSSIBLE RELIEFS YOU CAN SEEK AFTER THE FIRST HEARING
BORROWERS CAN SEEK OPPORTUNITY TO LEGALLY SETTLE THE LOAN
COMPLAIN AGAINST RECOVERY CONDUCT
COMMON MISTAKES TO AVOID AFTER ATTENDING THE FIRST HEARING IN ONLINE LOAN APP MATTER
Deleting Old Messages and Call Logs
Paying To Unknown UPI IDs
Fighting Back With Loan Recovery Agents Over Phone Calls
Not Filing A Proper Rejoinder After Notice Or Reply Stage
Treating Every Loan App Complaint Same
WHAT YOU SHOULD DO IMMEDIATELY AFTER THE FIRST HEARING IN ONLINE LOAN APP MATTER
Get a copy of first hearing order.
Prepare Your Complete Document File.
Prepare Short Timeline.
Don’t Argue With Loan Recovery Agents Over Calls.
Don’t make Payment To Unknown Accounts Without Verification.
Keep documenting Fresh Incidents Of Harassment
Prepare For The Next Hearing Date.
HOW CAN LOAN SETTLEMENT LAWYER HELP YOU AFTER THE FIRST HEARING?
Review Order From First Hearing
Preparing of Reply, Rejoinder Or Filing Additional Documents
Negotiating Settlement If Loan Is Genuine
Filing A Harassment Complaint Against Illegal Recovery Conduct
WHAT NOT TO DO AFTER FIRST HEARING IN ONLINE LOAN APP MATTER
MISSING COURT OR POLICE DATE AFTER THE FIRST HEARING
FORGETTING TO KEEP IMPORTANT DOCUMENTS SAFE
INSISTING ON VERBAL SETTLEMENT EVEN AFTER FILING COURT COMPLAINT
NOTIFYING LOAN APP ABOUT PAYMENT AFTER FILING HARASSMENT COMPLAINT
ALLOWING LOAN APP TO HARRASS YOU AFTER FIRST HEARING DATE
Final Word
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