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Alex (NA)     29 December 2011

Credit card

Dear Respected Lawyers Community

I am impressed with continuity and quality of discussions . Hence I seek advice from you all.

I was an HSBC credit card holder for 3yrs all transcations were fine. I had taken personal loans as well as swiped credit cards for amount above 50 k all have been paid on time.

I used to get regular mobile updates as well as an email to with an info - please down load you statement from internet banking account.

In May 2011 , I moved to a different city and took a new Mobile connection ,so I was nt anymore getting SMS from Bank , so I requested Bank to send me a soft copy of the bill as well as hard copy.But they requested me to remove the exisitng option from Interent banking where I dint have any login id and password.

As I dint get any statemnts and even after repeadelyy asking the bank , I dint pay the bill.

In Dec ,the amount of 2500 outstanding had spiralled to Rs8000 and I had  agreed to for a settlement.

Exactly like how I was treated for statements , I HAD TO CALL COLLECTION DEPARTMENT NUMEROUS TIMES to collect the cheque. Finally they collected the cheque and handed over all the documents.

Now they threaten me, this will appear in CIBIL records and for a nominal amount of 2K , my credibility is affected and will it hamper any loan process ? But I m not planning to take any load in 1 year time

What is your suggestion ? Offically , I have no more relatioship with HSBC . All cleared. Zero balance.

Regards

Alex

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 3 Replies

Kumar Doab (FIN)     29 December 2011

Kindly look into the attchments.

Settlement is recorded in credit bureau by the member banks and is viewed as compromised capacity to pay and has adverse effect on credit score. However when the bank has agreed to collect a fixed  amount customer should always negotiate with the bank and obtain in writing ( by letter under original seal and signature by hand of the competent employee and bank may send a follow up email) that bank shall remove the name from the defaulter's list maintained and updated at the behest of the bank with various credit bureaus (including ( CIBIL, Master Card International Negative List , Experian , Equifax ,etc) and the OTS/settlement  shall have no effect on the credibility, credit score, applicability and eligibility to avail loan of the customer ( Name, DOB, PAN number, father's name, address of the customer) and bank shall issue acknowledgment of the payment and NOC after the receipt of the payment, on the spot. Customer should negotiate the matter to the extent that bank marks the copy to local BM, so that in case of a dispute local BM is made a direct party.

Bank is liable to ensure that the bill is supplied to its customer, and its liability is not limited to dispatch by post.

Did you give it in writing/or sign a statement to the bank that paper bill be stopped and e bill be started?

If you did not mention paper bill be stopped, then in addition to the paper bill bank was sending e bill on its own and bill should have been supplied by one of the modes.

You should have maintained a list of phone calls made to the bank i.e. date, time, phone number from which you called and at which you called, and you should have obtained a docket number issued to your complaint. Bank is liable to issue a unique docket number/complaint number to your complaint/instruction, e.g. bill not supplied/ change of address, change of phone number etc. If you have been using post paid landline/mobile connection you can obtain the call data from bill. If the original bill is not supplied then after the complaint is lodged by customer bank is liable to supply the duplicate bill. You can demand the call  recording and notes made in notepad by the executives of the bank.

You are not liable to pay any penalty/interest+ taxes/finance charges etc for the period during which collection dept delayed the collection of payment and delivery of documents to you. You should have recorded the call details and call during which the bank threatened to update you as a defaulter. You can still agitate despite making the payment bank is threatening to declare you a defaulter.  Bank’s are known to do it to extract more money/payment.

 As per RBI guidelines you can obtain copy of your credit report from the bank by making a payment (each bank can fix amount but not exceeding Rs. 50/-) of fee fixed by bank. You may submit a letter to the bank with cheque of Rs.50/ only and demand your credit report by redg/speed post within 7 days along with copy of communication of bank ( by email/letter whatsoever) to credit rating agency ( CIBIL, Master Card International Negative List , Experian , Equifax ,etc). Bank might have updated your status as : Status: Options include: Suit filed, Willful default, Suit filed (Willful Default), Written off, Suit filed and written off, Willful default and written off, and Suit filed (willful default) and written off.

 If you are declared a defaulter then you may build your case and sue the bank.


Attached File : 567108260 cibil rbi.zip downloaded: 171 times

RAKESH PIPRODIA (ADVOCATE)     07 January 2012

Simply, file a complaint in the consumer court and get relief and also dont forget to impose a penalty for the same and costs of the suit.

Sudhir Lal (Expert)     19 April 2013

 

Credit Card Default – know how credit card debt default affects your credit health, find out the consequences of credit card and loan default. Get assistance on credit default from Indian Credit Advisors. Visit www.creditsudhaar.com ... you can also directly contact them on 022-67886788


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