Credit Card Bill Non Payment
Kumar N
(Querist) 21 August 2017
This query is : Resolved
Hello Sir/Madam,
I have taken a credit card in 2013 from AMEX and used it for 2 year properly and in the year 2015 I have lost my job due and did not had a chance to repay it due to bad financial conditions for almost an year later I have moved to my village and doing a farming here with my parents support.
I have come to know that the credit card people have sent 2court notices from lok Adalat to the residence which I have stated before and they were taken by my neighbour to send it to me for which I did not had a chance to attend.
Also they got my parents and my family member number some how and calling all of them by harrassment.
Recently someone claiming advocate calling my dad to get the bill cleared else he is theatening him stating he will inform local police station to arrest us.
1)Could you please help me on the legal action that they can take on me now.
2)I don't have ability to repay 2lakh bill as per the notice recieved from lok Adalat
3)what are the circumstances if I haven't attend the court as per lok Adalat notice
4)Can they take criminal proceedings against me for the non payment?
You reply would be really helpful for me.
Kumar Doab
(Expert) 21 August 2017
If you have borrowed you have to pay.
The lender can ask to pay.
The personal problems can be expressed to lender to reschedule the payment............
Kumar Doab
(Expert) 21 August 2017
NO lawyer (if it is a Lawyer) has any right and reason to call your father and threat................and even collection/recovery agents to call your father/relatives and threat................
RBI had suggested to take such maters to Lok Adalat............
RBI has also issued guidelines on conduct of lenders and collection/recovery agents...............
Kumar Doab
(Expert) 21 August 2017
There are many threads on harassment by recovery agents that you can go thru and pick up the relevant points e.g;
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
Kumar Doab
(Expert) 21 August 2017
The threads have illustrations, RBI guidelines, citations, judgments..........
Kumar Doab
(Expert) 21 August 2017
Also go thru;
http://www.lawyersclubindia.com/search_results_custom.asp?module=experts&q=Harassment+by+ICICI+Bank+recovery+agents+&B1=GO
Kumar N
(Querist) 21 August 2017
Thanks for the response sir. Appreciate your help, can you help me in clearing below questions too.
They have sent me 3 legal notice to attend lok Adalat which I have missed does that trouble me?
Do they have right to arrest me and put under bars.
Rajendra K Goyal
(Expert) 21 August 2017
You asked:
1)Could you please help me on the legal action that they can take on me now.
Reply: Matter is seem to be in court, try to defend the case on merits. Explore the possibility whether the debt is time barred or not.
You asked:
2)I don't have ability to repay 2lakh bill as per the notice recieved from lok Adalat
Reply:
May attend the Lok Adalat with your lawyer and offer what you can pay.
Rajendra K Goyal
(Expert) 21 August 2017
You asked:
3)what are the circumstances if I haven't attend the court as per lok Adalat notice
Reply:
There is possibility, regular court decide the matter ex-party.
You asked:
4)Can they take criminal proceedings against me for the non payment?
Reply:
If not paid as per execution of decree, court may send for civil imprisonment.
Kumar Doab
(Expert) 21 August 2017
Which Lok Aadalat?
Go thru the said notice and post if it say; some special lok adalat organised with efforts of lender or permanent lok adalat.............
If you have not appeared then lender may pursue some other recourse......
Rajendra K Goyal
(Expert) 21 August 2017
No body can harass your parents for your default in loan payments.
Record all threats and lodge police complaints.
Kumar Doab
(Expert) 21 August 2017
Apparently last payment was made in year 2015.
Isn't it!
If yes limitation may not set in.
Kumar Doab
(Expert) 21 August 2017
You have the option to settle for as suitable to you and lender say; Principle Amount only, less than principle amount................in one go or installments.............The lender may not agree.
Lok Adalat may listen to you and lender's representative and may decide for an amount and installments and even that lender can't call your parents/relatives.............
The award of permanent lok adalat is binding on both parties and there is NO appeal.
Kumar Doab
(Expert) 21 August 2017
It shall be better to consult LOCAL counsel of unshakable repute and integrity specializing in such/consumer matters and having successful track record and find some defects that can fetch some relief of some kind.....
Kumar Doab
(Expert) 21 August 2017
Hope you shall take it positively....
In future don't borrow if you can't pay................
CC is alternative to cash for convenience for those that are on say frequent travelling.......and have good earnings and good reserves...........
Prefer debit card.............and spend up to you have.
The CC charges are interests are high.
Look your family and even elders are getting harassed.
R.K Nanda
(Expert) 22 August 2017
nothing more to add.
Kumar Doab
(Expert) 22 August 2017
If you can not handle on your own lean on your LOCAL counsel as suggested above.
