abhinav (MKTG ) 07 August 2012

Credit c ard breach of contract terms

Matter of concern : Levying Of Charges agisnt of the terms of Agreement

My name is abhinav kashyap card holder of Manhatan Platnium card NO: 4541XXXXXXXX3600.

On 2nd Jan 2012 i found out the bank has been charging me with service & edu cess at 10.3%,Annual charges for card usage of RS.999/- & interest of 3.50% on monthly basis after even making the minimum payment charges on time. As per the terms of Credit card provided at the time of taking the credit card was

1) There will be no annual chagres if the card usage of Rs 50000/- has been done with in the first year of issuance of card. then the card fee will be Zero.

i requsted bank to explain why these charges are being levied?

If there was change in the company policy then why there was no information after one year of signing the contract

i have requested to the CCE to close my STANDARD CHARTERED BANK CREDIT card which has been cancelled tday at 11.45 AM reference number is 1000632.

Iam requesting the bank to clearify my queries on priority so i shall clear all my dues after getting satisfactory reply.

Till the time i shall not be liable for any late payment charges.

NO Bank reply

To: "customer.care@sc.com" <customer.care@sc.com>
Sent: Wednesday, 4 April 2012 3:13 PM
Subject: Fw: Matter of concern : Levying Of Charges Without Adequate Prior Notice To The Customer

Dear Sir/Madam

The matter is still pening from your side. I have not received any confirmation mail over the status of my complaint.

I have been receiving Many calls daily for the payment it's irritating to answer single question to all the executives again again and again.

Kindly give me confirmation over this issue so i shall settle these payments what ever is pending.

With Regards

Abhinav Kashyap

NO BANK REPLY

To: "customer.care@sc.com" <customer.care@sc.com>
Sent: Monday, 16 April 2012 5:15 PM

Dear Sir/Madam,

Your Reply is still awaited.

With Regards
Abhinav Kashyap

----- Forwarded Message -----
From: abhinav kashyap <abhinav013@yahoo.com>

BANK REPLY

From: customer.care <Customer.Care@sc.com>
To: abhinav kashyap <abhinav013@yahoo.com>
Sent: Saturday, 21 April 2012 8:08 AM
Subject: Your recent communication to us (KMM9054856I15977L0KM)

Ref : 04/12/044396/CRD/KI

Dear Mr. Kashyap,

This is with reference to your e-mail dated April 16, 2012.

We have already responded your query on January 25, 2012. We have attached
response for your reference.

Please revert for further assistance.

Assuring you of our best services always

Yours sincerely,

Kiran Kumar
Officer - Customer Care

Reply Follow

5 Replies

abhinav (MKTG ) 07 August 2012

Now i want to tak legal acion against the bank for charging me against the terms of Card User agreement. if i had not pointed that the bank statement in which these charges were levied i would had made payments normally i immedietly informed bank after finding the extra charges of Rs.8000/- on first case the bank did not reply to me and when i repeatdly requested them for solution i received a call from the bank for asking me to make payments after i insisted for the answer they did not call for many days but the collection agents kept on their calling roll. in the month of APr-12 the bank informed me that the charges against me were reversed and i should clear all the pending payments. Bank never provided me with the Before and after A/C statemnent i could not retreive the same from my Online A/c as it was blocked by Bank. since then i have requesting the bank for A/c deatils before and after reversal which bank is not providing me due to some reasons. I do not want to get my name regitered INTO cibil and want to take legal action agaisnt the bank so they shall understnd the outcome of charging customer with the amount which was against of the terms of Card user Agreement.

kindly help me by suggesting how shall i proceed for the same.

Kumar Doab (FIN) 07 August 2012

As posted by you bank has stated"We have already responded your query on January 25, 2012. We have attached response for your reference."

What is this response.

The annual memebership charges issue has been haunting the CC customers.Banks do not provide any brochure,LBL,document which confirms there is no memebership charges and later claim the charges.

Do you have any statement in writing or any evidence that bank pledged there shall be no memebership charges.

If you have you may supply/point out to the bank.

You may escalate the matter to greivance Redressal team/Nodal Officer/Principle Nodal oficer.

If the bank does not provide relief you can approach a competent and experienced lawyer to issue a legal notice and/or DCDRF.

You may approach BO only if you have any statement in writing or any evidence that bank pledged there shall be no memebership charges.

By now bank would have refeerred your matter to recovery agencies, credit bureau including CIBIL.

You may ask the bank in writing if bank has forwarded your credentials to any of the recovery agencies, credit bureau including CIBIL,Equiafax, Experian, and MCNF, and demand a reply in writing.

RAKESH PIPRODIA (ADVOCATE) 08 August 2012

I agree with Mr. Kumar that by now you name may be registered under CIBIL and on the bank black listed panel. I would advice Mr. Abhinav not to waste time rather than file a police complaint against the telecaller for the harrassment and at the same time file a CONSUMER CASE against the bank in the CONSUMER COURT and take the decree. Also ask for damages and mental stress and agony. Regarding latefees and penalty you dont need not pay. fOR THIS YOUR ADVOCATE MAY GUIDE YOU PROPERLY.

abhinav (MKTG ) 09 August 2012

Dear All,

Thank you for your suggestions. \

1) as i have mentioned earlier i have been writing to bank for providing me with the deatils of reversal they have made on my account but they are not providing me that however i have never asked them whether they have reported my name in cibil or not or to any third party. i would like to do that can you guide me how shall i do it

2) i dont know any lawyer who can guide me or take my case in this matter if you know anyone in delhi whom i can contact kindly let me know.

3) How shall i reach to consumer court and what all i need to do in order to get my complaint registered.

kindly help

Kumar Doab (FIN) 09 August 2012

1. If any of the CSE of the bank has commented that reversal have been posted in your card a/c you may quote date, time, of call and name of CSE and ask for call recording and tele scriptt of the discussion. The senior managers of the bank shall listen to the call and are duty bound to do the needful.

You can demand to inform you in writing if bank has included your name in bad customers list of the bank, and has forwarded your name to collection/recovery agencies, credit bureaus including but not limited to CIBIL, Experian, Equifax, MCNF {Master Card Negative Feedback list} and supply you a copy of the communications to these agencies which shall mention the reason of reporting you as a defaulter.

2. If you wish to avail the services of a LCI lawyer you can conduct lawyer search at :

https://www.lawyersclubindia.com/lawyers_search/

under

Civil Law
Consumer Protection

The related lawyer list is given on the bottom of this web page also.

Your family, near and dear ones, can also guide you to a competent lawyer. Your may have a lawyer in your neighborhood also.

Prior to that you may issue notice to the company from your side.

Legal notice by your lawyer may fetch you relief.

3. You can register your complaint with DCDRF at your location in person or thru. Your lawyer or an experienced representative well versed with consumer matters can represent you.

You can approach consumer help portals some of which have helped many consumers e.g.

pehredar@moneycontrol.com

pehredar@network18online.com

https://www.facebook.com/Pehredar

https://ashisha.com/consumer/

www.grahakseva.com/