Credit card harassment calls
Vidhya
(Querist) 13 August 2014
This query is : Resolved
I vidhya Lobo do not hold any credit card with standard chartered bank but I am gettin harassment calls from the bank and when I asked them when was this card taken they say it is in the year 2003. They already called me before 3yrs and threatened me that they are sending the legal notice but till today I recieved nothing from them. They say in proof they only have my salary slip from the company and nothing else. no government proof. I have also recorded the call and please advice me how shd i go abt this,, it is very heartaching for me.
Kumar Doab
(Expert) 13 August 2014
As per various publications M/s Standarad Chartered bank is indulged in such practices despite court judgments against nuisance littered by recovery agents and RBI guidelines.
You may go thru:
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
Discussion > Civil Law > Harrasment by icici banks recovery agents
You may record all calls/visits (audio/visual) and state that you are not borrower and the calling person may call the person to whom Bank has advanced monies and if Bank or its recovery agencies wants to communicate it may send a letter on letterhead under original seal and signature by Redg. post only.
You may also supply a terse communication to BM of local branch near you, Nodal Officer, MD, Chairman of the bank under proper acknowledgment……………………….and if Bank maintains studied silence and does not beg apology in writing you may lodge a complaint with SHO of local police station, SSP, Police Commissioner under proper acknowledgment.
If still you are bothered approach your lawyer.
R.K Nanda
(Expert) 14 August 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 14 August 2014
Send legal notice. Consult local lawyer.
Rajendra K Goyal
(Expert) 14 August 2014
Send legal notice. Consult local lawyer.
ajay sethi
(Expert) 14 August 2014
claim of bank would be barred by limitation . lodge complaint with local police station against the bank and the caller
Advocate. Arunagiri
(Expert) 14 August 2014
File complaint in the RBI, marking a copy to that bank. They will take action.
Sudhir Kumar, Advocate
(Expert) 14 August 2014
They may have issued a credit card which may not have been delivered to you and they are not able to connect.
That card may be showing some initial charges.
Anyway the civil suit is time barred and they cannot sue you even if they were genuine creditors. Now they have only option to harass you illegally.
They will not leave you simply by your asking to go away. They have to taste sour from you.
SO please read again the suggestion of Mr Kumar Doab.
Kumar Doab
(Expert) 15 August 2014
You have posted that you have never applied for and never received any CC from M/s Standard Chartered Bank.
Who is calling you: bank or its recovery agency/Third Party agency/ARC etc?
Did you ask and after you have asked did the caller identify himself/herself and provided his /her name, designation, name of his company, and is it Bank/ARC etc, its full address with pin code office phone/fax number with STD code, phone number from which he/she has made call to you, CC number, amount due, and did he /she agree to supply by redg. post the each document pertaining to debt being claimed from you?
Did he/she state that it has bought the debt and the bank has provided the docs to it or not?
Did the bank ever write to you and/or issued notice before declaring you defaulter………………….sending your name to credit bureau’s like CIBIL, Master Card negative feedback list, Experian, Equifax etc………….and notifying you that it has sold the debt to M/s……………?
The bank itself and its recovery agency/Third Party agency/ARC etc has to supply the certified copies of card issuance request form submitted by you/Bills monthwise for each month supplied to you along with certified copy dispatch details e.g. AWB of courier/Redg. Post/Speed post and POD signed by recipient at your address.
The bank has to follow guidelines and obtain KYC docs, and physically verify the identity of the applicant.
The delivery boy of the courier asks the recipient to show his/her ID before delivering CC.
You may also go thru another thread at:
http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.U-3aROOSwb8
You must issue notice to CIBIL to not to include your name in list of defaulters and claim that Bank has already notified NO CC has ever been applied for by you, received by you, used by you, and no amount is due on you, hence M/s CIBIL should not post any comments on your credit rating, with a copy to caller’s company, Bank, RBI……………and your lawyer.
You can also demand your credit report from M/s Standard Chartered bank, showing the name of the member (Bank, ARC etc) that has forwarded your name to CIBIL and agree to tender fee say Rs.50/ as advocated by RBI.
Your lawyer may opine that you can obtain injunction from court, and even DCDRF by interim order.
http://www.lawyersclubindia.com/forum/Cibil-query-45907.asp#.U-ZEd-OSwb8
http://www.lawyersclubindia.com/forum/Case-against-cibil-102097.asp#.U-ZDruOSwb8
http://www.lawyersclubindia.com/forum/Movment-against-cibil-107083.asp#.U-ZC5OOSwb8
Your lawyer may opine that by writing to one and all you have co operated and have become eligible to claim damages/compensation.
T. Kalaiselvan, Advocate
(Expert) 19 August 2014
Better consult a local lawyer and proceed after discussing with him at length on the subject.
