Credit card default
Raghu
(Querist) 18 March 2014
This query is : Resolved
Hi,
I have taken barclay's card in 2008 and has been paying the payments without any default however in 2008 Barclay's bank was closed and my card has been cancelled. Now they send me a legal notice asking me to pay my oustanding of Rs.35K. My card limit was only Rs.15k and i have been paying the dues. I do not have any documents with me now as I have relocated. Please help me how to handle this issue as they sent a legal notice saying that if I dont not pay this outstnading they will take civil or criminal action against me.
Sudhir Kumar, Advocate
(Expert) 18 March 2014
2008?
now it is 2014
more than three years
time barred debt
please do not reply without meeting a lawyer you may end up acknowledging the debt and reviving the limitation in favour of bank
Kumar Doab
(Expert) 18 March 2014
Mr. Sudhir Kumar has given valuable advice. Kindly follow it.
Your lawyer may opine to to declare in explicit terms that no amount was outstanding and to demand the statement of each month from date of issuance of card till date of cancellation of card and also to supply the credit report and copy of communications sent by the Bank/ARC/Recovery agency to credit bureaus like CIBIL.
Raghu
(Querist) 18 March 2014
thank you Sudhir Sir, sure sir, i will meet the lawyer. One more thing, i have the cibil report which says it has been written off without filing a legal suit. I have a sms saying that I am due only 3K. Also, it would be great if you suggest some lawyer in Hyderabad who can help me in this regard.
Rajendra K Goyal
(Expert) 19 March 2014
For lawyer, You can visit local court compound or have a reference of some of your friend. Can also search lawyersclubindia data base.
Don't acknowledge the debt, reply only through lawyer if necessary.
Kumar Doab
(Expert) 19 March 2014
'Written Off'is also an adverse entry.
You should get it removed.
It has been seen that Card members themselves and thru their lawyers succeed.
The CC company/ARC/Recovery agency should not proceed to recover a 'written off' entry and also a time barred debt.
The CC company/ARC/Recovery agency shall have to establish how an amount was outstanding and was written off.
You may without any hesitation approach your lawyer.
There are many threads on similar queries that you may find relevant e.g;
http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Well advised by experts, nothing more to add except to say that do not acknowledge the demand notice which will be construed as legal debt.
Raghu
(Querist) 21 March 2014
Thank you for all your valuable suggestions. Quick question, how can i reply to the legal notice without acknowledging. Please advise so that I can draft the same.
Guest
(Expert) 21 March 2014
Mr. Raghu,
How any expert can suggest you what reply you should give without seeing the contents of the notice as well as asking about some facts from you? Better take help of some local lawyer to draft reply of the notice.
Sudhir Kumar, Advocate
(Expert) 21 March 2014
I reiterate
please do not reply without meeting a lawyer you may end up acknowledging the debt and reviving the limitation in favour of bank
