Credit card claim maters-
sunder4321
(Querist) 20 March 2016
This query is : Resolved
Brief Matter
Standard chartered Bank issued me a credit card well back on 1995, in my official address at Mumbai. I cancelled the card around Apr-May 1996, after settling the account. I approached to SCB, Chakala, Andheri-East Branch and paid my dues in cash over the counter, defaced my card and dropped the same in a box meant for this at the same branch.
I changed my job location to Ahmadabad on end May-1996. I was transferred back to Mumbai again on 2000. I took an overseas appointment on Oct-2004 and since then I am a NRI. Though I asked for NOC and my issued cheques but which I also perused for some time by calling SCB Chennai but not received. I also stooped pursuing the same with a believe that matter has been settled.
Since closure of the card I have not received any communication from SCB.
Surprisingly I received a call on 15th Feb 2012 in my overseas cell number from an unknown number stating that “a court case has been filed in Mumbai HC against you and to get the details you call the advocate. I called the number with a lot of threatening on the possible consequences, he disclosed that he has been appointed by Shaha Finlease Pvt. Limited, and forced to accept that I have unsettled dues which is in tune of Rs. 18 lacs and he will help to settle this by paying only Rs. 4 lacs, provided I settle the claim on the same day, else he will approach to the HC Mumbai, appeal to pass an order to cancel my visa…. and so on. In course of our discussion he also quoted my passport number and name of one my employer. I demanded the details in support of his claim. He forwarded the call to the one of the customer care officer of Shaha Finlease Pvt. Limited. He asked my email id for sending the details. I have given him my email id. But he only sent the claim note not the details.
I wrote an email to customer care of SCB for the details. SCB replied to contact Shaha Finlesae Pvt. Limited.
Yesterday- 24 Feb 2016, I received another demand note from different advocate stating that under a deed of assignment SCB has sold the right of recovery of these debts to Shaha Finlease Pvt. Limited and claiming the outstanding of nearly 2 crores and threatening consequence to book a legal case under 422 of CRPC.
I am in mad state confused. SCB neither sent any official communication in my permanent address. They may have dropped statements in the company address which has been liquidated since 2004. Though they quote my passport number but did not send any claim notes. They have not given any supporting of the claim. Now I write to them again to furnish the details. They may send some atrocious claims with all levies for last so many years and ignore other matters.
I tried to dig my record of bank payment slips but could not able to trace may have lost in course of my multiple relocation, Mumbai-Ahmedabad-Baroda-Mumbai-overseas…
Now I need an expert opinion on the below matters
1. Can SCB or his new assigned ARC Company can claim such atrocious amount after such a long period.
2. How can claim such atrocious amount, my gross salary in 1995 was (so far I remember) rs 4850/pm. SCB might not sanctioned a credit limit of (I cannot remember exact) Rs. 10K.
3. What legal recourse I should explore to defend my case knowingly that I have lost payment docs.
4. SCB may claim that they sent docs in the address of my the then company but they never sent any communication in my permanent address which could be available with my company and try to contact.
5. Since the matter is related to period of pre-digital era in India, with no social emails, social network, how the matter could be defended.
Please help me by giving in your expert opinion. I am in great mental agony.
R.K Nanda
(Expert) 20 March 2016
very long query.
Rajendra K Goyal
(Expert) 20 March 2016
The recovery agents are threatening, this is their habit. If any dues remained it seems time barred now and hence non recoverable.
However, you can search Bombay High Court site if any case is pending against you and if pending, better entrust a lawyer and oppose the claim on merits.
You should record all their threats and abuses and inform police commissioner.
Do not try to acknowledge any debt without consultation from your lawyer.
Adv. Yogen Kakade
(Expert) 21 March 2016
The recovery agents or bank authorities have no right to harass or threaten any person for the purpose of recovery. This is a criminal offence. Collect the evidences of the same including the record of phone calls.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
