ajay 09 January 2016

Pf

my friend is been harssed for credit card payment and his father is under cancer treatment they have alreasy spent 14 lakhs on his tratment, the card fellows are not ready to listem they using bad fility langauge as the company people came to the employer place theythe employer is saying pay of the dues of credit cards or resign so is the company finacial instuition authorised take such decision for third party laiblity what to they alos saying that they will attach all his pf till u donot pay off can the aggravated party go to court for this matter.

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4 Replies

Kumar Doab (FIN) 09 January 2016

Record everything, calls/meetings/visites (audio/visual/witnessed/minuted).

It is believed that Card holder is Hindu.Son is not liable to pay debt of father.No one other than CC holder can be approached/harassed to pay the dues.

Record the statements of employer also.

PF can not be attached.

Lodge police complaint, under proepr acknowledgment.

Issue notice of MD, Chairman of CC company, and demand to supply the ID's of agents.

Lodge compalint with RBI.

If you can't handle on your own, entrust to your lawyer.

In certain situations demand of payment should not be made.

GO thru RBI Master Ciculra of CC operations.

There are many threads on similar queries at LCI that you may go thru these and download the judgments RBI circulars and addresses :

https://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=harassment+by+icici+bank+recovery+agents&B1=GO

e.g;

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

Kumar Doab (FIN) 09 January 2016

https://www.lawyersclubindia.com/search_results_custom.asp?q=PF+can+not+be+attached&B1=GO#.VpEYcU9-jMo

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 09 January 2016

1) Act as stated above keeping the following also in view.

2) The employer may discontinue ur services, which u think dealing with employer.

3) If ur father has any other assets, the bank may proceed against those assets. Of course through legal channel only.

Kumar Doab (FIN) 09 January 2016

You are not under debt.

You have a delicate situation as your father is sufferring from a critical situation.

The approach of CC company is defamation,dicscriminatory retaliation.It can take away your source of livelihood, although you are not debtor, leave apart a judgment debtor. If you have irrefutable record then you can sue the CC company/employer for damages.

The conduct of employer is unfair and bad. Recod the conduct and you may/may not use it. However if you have it you can defend your interest in appropriate forum at appropriate time, if the need be. After you have recorded submit (under proepr acknowledgment) a gentle representation addressed to Managers/MD/Chairman (narrating all stateemnts/threats) explaining the situation and requesting to not to execute the decisions communicate verbally (explain the details) in office on dated....................by Mr/Ms.............

If the need be involve the employee's/trade uniosn leaders, able counsel and they can handle the stance of employer and agents too.

Report (in writing under proper acknowledgment) to labor Inspector/labor commissioner/Inspector appointed Shops & estbs Act, if the need be.

Firm up your next venture ASAP.

Don't be lax and build irrefutable record and defend your interest in the best possible manner.

Consult an able counsel ASAP.

If the CC dues are barred by time recovery can not be enforced.