Repayment of credit card dues after 5 years when same updated also in cibil,
syed_rizvi
(Querist) 25 July 2015
This query is : Resolved
Dear Members,
I had received a call from icici bank credit card department stating that i had to pay Rs 70000 as my credit card is showing a amount of Rs 70000 outstanding in my records and i told them that my credit card is already closed with the cibil report clearly stating as no default and card settled and no outstanding pending but they are saying that they do not follow cibil guide lines and they had received the information from their department and i had to pay the same. So i just wanted to ask what should be my stand in this case as the card was alreaady closed 5 years back with my latest cibil report showing the same still the icici people are harassing me and threatining to issue a warrant in my name for the same it is therefore requested to kindly extend your support in this regard
Regards
Imran Rizvi
Kumar Doab
(Expert) 25 July 2015
Their practices are illegal, transgression, defamation etc...........
Record all calls, visits ............... each and every thing.
http://www.lawyersclubindia.com/forum/Recovery-agency-calls-124352.asp
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.VbDKCrV-jMo
http://www.lawyersclubindia.com/forum/I-have-used-credit-card-before-marriage-124341.asp
http://www.lawyersclubindia.com/forum/Recovery-agencies-using-em-technology-for-harassment-123339.asp
Deal with their illegal practices with firm hands.
M/s ICICI, HDFC bank etc are not a member of IBA.
These banks devise illegal ways to earn by charging usurious interest/charges.
Entrust to your able lawyer if required.
For this reason also the citizens should avoid to bank with them.
In other threads mentioned above a reference has been made to ‘RBI Master Circular on Customer services’ on CC.
Record all calls. During the call ask the person to speak his/her full name (first/middle/last) name of his company that has employed him/her, address with pin code, phone number from which call is being made, name of his manager/address/mobile number, email id...........M/s ICICI Bank recovery manager's full name/address/mobile number, email id.................to which this agency reports.
Drive the discussion and let him make the threat of summons etc and again, and remind that on dated………………….Mr/Ms……………..called from phone number………………and stated that summons shall be sent by him and close by telling him/her that in future no phone calls are to be made and all communications be sent BY Refg. Post only, and your lawyer will address the summons in court.
It is mandatory for all Banks to keep the address/phone numbers of all recovery agencies on its website.
Even if there was a balance it is hopelessly time barred.
H.M.Patnaik
(Expert) 25 July 2015
Very well handled by Expert above.
Rajendra K Goyal
(Expert) 26 July 2015
Private Banks easily give credit card but their charges may be very high in case of default and also tough in recovering. Sometime they cross the legal limits.
CIBIL if shows as settled, it does not mean that no outstanding is pending. Bank may have waived / written off certain outstanding to clean the Balance sheet. Bank does not loose the right to recover any outstanding provided it is not time barred.
Kumar Doab
(Expert) 26 July 2015
The Bank/CC company is under obligation to comply with RBI guidelines that have statutory force.
RBI has asked the bank's to report the CC transactions any delinquency and to supply a notice (by effective mode of communication) to customer/borrower before sending the name to credit bureau's (CIBIL).............
If the amount is to be written off the nit shall be recorded in CIBIL and Bank's internal records...............
If the amount has been written off and cleansed in balance sheet then how the bank has claimed it, on its own dr thru any of its recovery agency/ARC....................and/or how come it has sold the debt to anyone.
Handle the matter with firm hands and tame and shame the bank and get it penalized.
Force the Bank/CC company/recovery agency to transact in writing on its letterhead with seal/signature by hand and thru Redg. Post only.
H.M.Patnaik
(Expert) 28 July 2015
Mr. Doab states the correct position of law.
In case , CIBIL does not disclose any outstanding, no body can legally force you to pay up any due to the concerned bank .