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samir (mgr)     11 February 2014

Harrasment by kotak abn cards pple

hi - this kotak bank card for ABN has become a menace now. long back almost 4-5yrs - had some dispute with ABN cards & they agreed to close the card on settlment. now since last 2 months i am getting calls from KOtak saying they are from ABN side & demand some 7k for card close. i dont have any docs after these many years to verify it. PLus when i asked if you are from Kotak then you will be able to prove it then for that they dont have any thing & even kotak has not given any acceptance to my mail checking for these guys. now they say they will do legal notice to me for the same & that too on an address where i have never stayed. WOW - i find all of this a mess from kotak or a fraud team what should i do ? is there a way to put a stop to all this mess. 

i am not sure if i have made the right selection of category/sub above. 

can some one plzzz help us out of this mess

rgds



Learning

 6 Replies

Chellapandian (Legal Consultant)     11 February 2014

Dear Mr Samir,

Couple of questions to you before providing suggestions to you

1) What mode of payment you did when you were holding the card (paying the credit bills)is it  through cash, cheque or online?

2) Any proof of last transaction you have with the card?

Thanks,

Chellapandian.K

Kumar Doab (FIN)     11 February 2014

You may revert to the points raised by Mr. Chellapandian.

 

If the matter is more than 3 years old and in the interim you have not issued any communication acknowledging the debt then your lawyer may opine that it is barred by time.

Your lawyer may opine to:

 

---Declare the debt as time barred. Being Time barred the recovery can not be enforced.

Hence the ARC/Recovery agency that has bought the debt at throw away price is resorting to tactics to make a fat buck.

But the delinquency may continue to feature in credit bureau’s like CIBIL. If it  

---Deny acknowledging the debt in writing.

--- demand that the Original Creditor  M/s ABN AMRO should  supply you in writing that it has sold the debt to M/s Kotak , and M/s Kotak should supply you in writing its credentials and the proof and existence of debt.

Demand that  M/s Kotak should supply you in writing specifically that  they have authorized the callers calling from phony numbers…………………………….and mention full name of agency, its prop, address with pin code, phone number, registration number, email id, fax number, website, etc……………

---Ask the caller to stop calling you at once. Real debt collectors should stop calling you the moment you ask them to do so.
Your phone is your personal property and only the one that has been permitted can enter your property.

 

--- to ask the persons/entities calling you if the debt is time barred.................................and it is up to the calling person to speak the truth or not............................... to you. However he should speak the truth.
You can also ask the collector about the last date of payment and admission and acceptance of debt as in record...................................it is up to the collector to speak the truth...........

Even in such cases the borrower needs to dispute the debt and should issue and supply the notice within say.....................................30 days and must highlight that he wants to verify the debt and details.


The collectors must supply the details and verification to borrower and must stop calling till they supply it.

Each CC company, ARC has to maintain the list of collection/recovery agencies on its website.

You can lodge a complaint with police, RBI, BO, DCDRF, ………….

 

There are many threads on similar queries that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

However in this matter you must proceed under expert advice of your lawyer.

 

 

 

 

 

 

 

samir (mgr)     11 February 2014

Kumar - thanks for specific details to guide me. 

however what if this ARC asks his lawyer to file notice / legal doc to me ? m from delhi ... whom can i approach for help in legal matter 

samir (mgr)     11 February 2014

Chellapandian - thanks for your response 

ques 1 - i dont know/remember as it has been more than 4-5 yrs 

ques 2 - doesnt exist either 

Kumar Doab (FIN)     12 February 2014

If a legal notice is served you may approach lawyer specializing in such cases/consumer cases.

The demand has to be supported by valid documents.

If Bank/CC company/ARC does not have written admission of debt your lawyer may opine that the debt is time barred.

You may show your email also you have sent to M/s Kotak.

 

Your lawyer can guide you further.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     16 May 2015

Samir you are not only a victim of such fraud or threat., there are many who have approached me. However, pl.note followng:

1] Build-up record including conversation they make with you, 2] Proper address of the Bank and threat receiving from. 3] They would rarely issue legal notice 4] If received do not worry, pass on to me, if you are from Mumbai or not ( and   had settled the matter before)


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