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With the increase in digital access, even getting a loan has become a one-tap solution. However, the easier the process, the bigger the problems. Taking loans from instant loan apps might attract problems such as repeated recovery calls, incorrect credit reporting, disputed charges or misuse of personal information. Similar to instant loan services, mPokket Financial Services Private Limited is an RBI-registered NBFC. Getting relief from fraud or misuse from such platforms might be one step away from a legal notice. A legal notice puts your grievance on record and clearly tells the company what you want corrected. But a legal notice is not always the first or only remedy. Depending on the problem, an internal complaint, RBI complaint, cybercrime complaint or police complaint may be more appropriate.
In this blog, we will understand legal notice, how to send a legal notice to mPokket, what should be an ideal format of a legal notice, its cost, and the process of sending a legal notice to mPokket.
When Can You Send a Legal Notice to mPokket?
A legal notice is a formal written document sent to the company or an individual when there is a dispute. It may be considered when there is a genuine dispute or alleged violation that has not been resolved through the company’s grievance process. Some of the situations when you can send a legal notice are:
- Recovery agent calls, threats or abusive language: RBI directions prohibit regulated entities and their recovery agents from using intimidation or harassment. This includes threatening or anonymous calls, abusive conduct, inappropriate messages and persistent calls. Recovery calls for overdue loans should not be made before 8 AM or after 7 PM under the RBI’s digital lending recovery directions.
- Contacting your phone contacts or family without consent: RBI’s digital lending guidelines require data collection to be need based and based on prior and explicit consent. Digital lending apps must also desist from accessing phone resources such as contact lists, call logs and files or media, subject to the limited exceptions stated in the guidelines. Explicit consent is required before sharing personal information with third parties, except where sharing is legally required.
- Wrong CIBIL reporting after full repayment: If you have repaid a loan but the credit information continues to show an incorrect outstanding amount or incorrect loan status, you can raise a dispute with the lender and the relevant credit information company.
- Excess interest, hidden charges or processing fee disputes: A dispute may arise if the amount charged does not match the loan agreement, Key Fact Statement or other disclosed terms. RBI’s digital lending framework requires disclosure of the Annual Percentage Rate and regulates fees and charges involving Lending Service Providers.
- Loan closed but NOC / settlement letter not issued: If you have fully repaid the loan and the lender has not provided appropriate closure confirmation, you can make a written request for the relevant closure document.
- Data misuse of gallery, contacts, location access: RBI’s digital lending guidelines place specific limits on how Digital Lending Apps can collect and access borrower data. Data collection must be need based and based on prior and explicit consent. Apps must desist from accessing contact lists, call logs and file or media resources, while limited one-time access to certain resources such as camera, microphone or location may be permitted for onboarding or KYC where necessary and with explicit consent.
What the Law Says: Your Rights as a Borrower
- RBI Digital Lending Guidelines, 2022: They address issues including data collection, privacy, disclosure of loan costs, grievance redressal and recovery practices. Importantly, using a third party does not remove the regulated entity’s responsibility for compliance.
- RBI Fair Practices Code for recovery agents: RBI directions require regulated entities to ensure that recovery agents do not use intimidation or harassment. They must also protect borrower confidentiality and avoid conduct that humiliates borrowers or intrudes into the privacy of their family members, friends and referees.
- BNS provisions on criminal intimidation and defamation: Threats can, depending on the exact words and circumstances, potentially attract the offence of criminal intimidation under the Bharatiya Nyaya Sanhita, 2023. Similarly, deliberately publishing defamatory statements can raise issues under the BNS provisions relating to defamation.
- IT Act & DPDP Act 2023 on data privacy: The Information Technology Act, 2000 and its rules can be relevant to electronic records, online conduct and certain privacy or data related issues. The Digital Personal Data Protection Act, 2023 is India’s newer general framework for digital personal data. However, its provisions have been brought into force in stages.
Legal Notice vs Police Complaint vs RBI Complaint: Which One First?
The correct route depends on the problem and accordingly any step shall be taken. This is a list of problems that a person may face along with their suitable steps for recovery:
| Problem | Suitable first step |
| Wrong loan balance or charges | mPokket grievance process |
| Wrong CIBIL reporting | mPokket and credit bureau dispute |
| Recovery harassment | Written complaint to mPokket and, where appropriate, RBI |
| Data misuse | Written privacy complaint and mPokket grievance process |
| Serious threats | Police complaint may be appropriate |
| Online financial fraud | Cybercrime portal and 1930 |
| Complaint against an RBI regulated entity not resolved | RBI Integrated Ombudsman, subject to eligibility |
Step-by-Step: How to Send a Legal Notice to mPokket
Step 1: Collect your evidence- Before drafting the notice, collect everything supporting your claim. This may include:
- Loan agreement
- Key Fact Statement
- Repayment schedule
- Bank statements
- UPI payment records
- WhatsApp messages
- Emails
- Credit reports
- Loan closure documents
- Recovery agent details
- Screenshots showing app permissions
Step 2: Identify the correct legal entity and registered address- Address the notice to the correct legal entity. mPokket’s current website identifies the lender as mPokket Financial Services Private Limited, CIN U65999WB2019PTC233120, with its registered office at: 12th Floor, Unit No. – 1204, PS, SRIJAN CORPORATE PARK, EP & GP 2, GP Block, Sector V, Bidhannagar, Kolkata, West Bengal 70009.
Step 3: Get the notice drafted by an advocate- You must prefer a legal notice to be sent by an advocate as he/she will be able to clearly mention the facts, issues and the resolution that you are looking for. You can visit eDrafter and connect with an experienced advocate to draft your legal notice. A proper legal notice should clearly state:
- Your name and contact details
- Loan account details
- Relevant dates
- What happened
- What obligation or right is involved
- The documents supporting your claim
- What you want the company to do
- The time given for compliance
- The consequences of non-compliance
Step 4: Send via Registered Post AD / Speed Post + email- A legal notice can be sent by post to the registered office. Sending a copy by email as well can create an additional electronic record. The notice should be addressed to the correct legal entity and relevant grievance or legal department where appropriate.
Step 5: Preserve the tracking receipt and acknowledgement- Keep a track of all the receipts and important documents that will help you in substantiating your side of the case. This may incude:
- Copy of the final notice
- Postal receipt
- Tracking report
- Delivery confirmation
- Email sent
- Email delivery record
- Any reply received
Step 6: Wait for the reply period: 15 to 30 days- There is no universal statutory rule that every legal notice must give exactly 15 or 30 days to respond. The appropriate period depends on the nature of the demand and the circumstances.
mPokket Legal Notice Format: Sample Draft
A legal notice should clearly identify the sender, the recipient, the facts of the dispute, the legal grievance and the action being demanded. The following format can be adapted to a loan recovery, incorrect CIBIL reporting, disputed charges, data misuse or other borrower complaint.
Legal Notice Document Format
LEGAL NOTICE
(Under Applicable Indian Laws)
From:
Name of Sender
Address
Contact
To,
mPokket Financial Services Private Limited
Registered Office: PS Srijan Corporate Park, Unit 1204, Tower 1, Plot G2, Street No 25, GP Block, Sector V, Kolkata 700091
Date: __________________
Subject: Legal Notice regarding [recovery harassment / incorrect CIBIL reporting / disputed loan charges / data misuse / non issuance of NOC]
Sir/Madam,
Under instructions and on behalf of my client [Sender Name], I hereby serve you this Legal Notice stating that:
1. That my client had availed a loan through the mPokket platform under Loan Account No. [Loan Account Number] on [Date].
2. That [set out the complete facts of the case, including payments made, repayment status, calls received, disputed charges, incorrect credit reporting or any other relevant incident].
3. That despite [full repayment / repeated requests / previous complaints], you have failed to [correct the loan account / stop the recovery conduct / correct the CIBIL record / issue the NOC / address the data privacy complaint].
4. That due to your actions or inactions, my client has suffered [financial loss / harassment / inconvenience / damage to reputation].
5. That the above conduct is contrary to the applicable legal and regulatory requirements and my client’s rights as a borrower.
Therefore, through this Legal Notice, you are hereby called upon to:
[Stop the alleged recovery harassment / correct the credit report / issue the NOC / refund the disputed amount / provide the required clarification]
Take the required corrective action within ____ days from receipt of this notice.
Provide written confirmation of the action taken.
Failing which, my client shall be constrained to initiate appropriate legal proceedings and approach the competent regulatory authorities, at your risk as to costs and consequences, without any further notice. Treat this Notice as a formal demand for compliance.
Yours Faithfully,
Name of Advocate / Sender
How Much Does a Legal Notice Cost?
There is no fixed government fee for sending a legal notice to a loan company. The cost usually depends on how the notice is prepared, the fees of the advocate and how it is sent. The range for sending a legal notice may start from Rs. 499 and go up to Rs. 10,000.
What Happens After You Send the Notice?
The company may agree to correct the account, update the credit information, issue a closure document, stop the disputed conduct or otherwise resolve the issue. If you reach a settlement, keep the settlement terms in writing. Do not rely only on a phone call.
However, if there is no satisfactory response, you can consider the next available remedy based on the dispute. This may include:
- Filing an RBI complaint where the matter falls within the RBI’s jurisdiction
- Filing a police complaint where the facts disclose an offence
- Reporting online financial fraud through the cybercrime system
- Approaching a competent court or consumer forum where legally appropriate
Where Else to Complain: RBI Sachet, Cybercrime Portal, Ombudsman
- RBI Complaint Management System and Ombudsman: mPokket is an RBI registered NBFC and provides an internal grievance process. Its current grievance policy states that unresolved complaints can be escalated to the RBI Integrated Ombudsman after the applicable internal process and one month period. The RBI Integrated Ombudsman Scheme provides a cost-free mechanism for eligible complaints involving deficiency in service by covered regulated entities, generally after the entity has had an opportunity to resolve the complaint and the required period has passed.
- Cybercrime Portal: If the problem involves online financial fraud, identity theft or another cyber offence, report it through the National Cyber Crime Reporting Portal. For financial cyber fraud, prompt reporting through 1930 can also be important.
- RBI Sachet: Sachet is primarily intended for reporting suspected illegal deposit schemes and other activities involving entities that may not be regulated by RBI or another financial regulator. For a grievance against an RBI regulated NBFC such as mPokket, the RBI’s normal grievance and Ombudsman mechanism is generally more relevant than treating Sachet as the primary complaint route.
Common Mistakes That Weaken Your Legal Notice
Avoid these mistakes:
- Addressing the notice to the wrong company
- Making allegations without evidence
- Threatening criminal action without a factual basis
- Using emotional language
- Ignoring the actual loan agreement
- Failing to attach or identify important evidence
- Demanding an unrealistic amount without explaining the basis
- Treating a genuine outstanding loan as automatically invalid
- Giving a deadline without explaining what must be done
- Sending the notice but failing to preserve proof of delivery
Send Your Legal Notice in 24 Hours: Without Visiting a Single Office
If you need to send a legal notice but do not want to spend days finding a lawyer, arranging meetings and handling physical paperwork, Zapp by eDrafter offers an online alternative. Zapp Legal Notice by eDrafter allows you to enter your case details online, upload supporting documents and create the notice through a guided process. The notice is then reviewed by a practicing advocate before it is stamped and sent to the other party.
For a loan app dispute such as recovery harassment, incorrect loan reporting or another borrower grievance, you can provide the relevant loan documents, payment records, screenshots and other evidence so that the notice is based on your actual facts. The important difference is that this is not simply a downloadable legal notice template. At eDrafter, every notice is reviewed by an advocate before it is sent. If the advocate finds that the case is legally unfit and if its unfit and rejected then the amount paid is refunded
Conclusion
A legal notice to mPokket can be useful when a genuine borrower dispute remains unresolved. Recovery harassment, incorrect credit reporting, disputed charges, failure to provide closure documents and improper handling of personal data can all justify raising a formal grievance where the facts support it. A legal notice can put your demands formally on record and create a clear paper trail if further action becomes necessary.
FAQ (Frequently Asked Questions)
Can I send a legal notice to mPokket without hiring a lawyer?
Yes. There is no general rule requiring an advocate to send every legal notice. You can draft and send one yourself.
How much does it cost to send a legal notice to a loan app?
There is no fixed government fee. The cost depends on whether you draft it yourself, hire an advocate or use an online legal documentation service, plus any printing and postage charges.
How long does mPokket get to respond to a legal notice?
There is no universal statutory response period for every legal notice. You can provide a reasonable period, commonly 15 to 30 days, depending on the issue.
Can I send a legal notice if I still owe money on the loan?
Yes. Owing money does not prevent you from complaining about a separate issue, such as harassment, incorrect charges, improper data access or inaccurate credit reporting.
