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ANIL (SUPERVISOR)     24 May 2013

4 years back due with icici

Dear all

I had a credit card from ICICI . which I have a due of approx 8500 Rs . I resigned from my job in 2008 and my end of service settlement credited to my salary pay account same with ICICI. They deducted that amount .Note that i didnt used any soft or hard copies of my credit card statements then.After 4 years while iwas in UAE now some body called from ICICI bank and saying that I have a due of 125000 Rs on my card and asking to pay it . Otherwise they will sue case against me . simalataneously some collection goons are contacting my family members and friends frequently and asking to pay the amount immediately otherwise be ready to face the consequences.

Can any body give me some opinion .also is it applicable that :Filing period " of 3 years applicable here. which courts cant entertained the case ? Please give me some suggestions



Learning

 7 Replies

Daksh (Student)     24 May 2013

Dear Anil,

Put the Bank to Legal Notice stating the factual matrix and demanding the reason and basis of arriving the astronishing figure of Rs.125000/-, mark a copy to banking Ombudsman and Local police stating the fact of harassment to near and dear ones.

Best regards

Daksh

Kumar Doab (FIN)     24 May 2013

 

 

Mr. Daksh has given valuable advice. Kindly follow it.

 

The card dues were collected from your Bank a/c ………………………….

After the collection of full amount of the last bill was there any balance amount?

 

Had you instructed the bank for auto debit?

 Had you been into any dispute with the bank and had the bank issued any notice to you?

Was there any annual membership fee/charge on your card?

 

Had you registered for e-bill/ e-statement? If yes you need to relate.

 

You may demand in writing, all bills on your card from the last bill and company is under obligation to supply and if reqd. you may demand certified copy of the charge slips as well.

 

This bank is notorious. Despite the judgment by Supreme Court against this bank, this bank is still indulging in such practices thru recovery agents.

 

 

RBI has issued guidelines to banks and CC companies which they including this bank have been flouting.

As per law and Supreme Court judgments, the Reserve Bank of India Guidelines are statutory and mandatory. The violations of RBI Guidelines by banks constitute an important defence for the borrowers and guarantors. 

 

The matter may be brought in the knowledge of Chanda Kochar Chairperson of the bank and RBI:

 

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

. D Subbarao
Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

 

You may go thru another interesting thread:

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 


Attached File : 929267778 818336822 4 4 private bank harrasment.pdf, 929267778 master ciculrar on credit card opration year 2012 71mccco300612.pdf downloaded: 157 times

Narendra Malik (advocate)     25 May 2013

 

You are not supposed to pay any money to Bank having regard to the provision of limitation Act. The "alleged debt" is "time barred". And, therefore, you may not bother. Every creditor, who has advanced or financed money has to file a suit for recovery within a period of three years. If, they fail to file and recover within the stipulated statutory time, the right to take action by way of litigation against you is lost.  

Do not pay any attention.  It is advisable to file a suit for declaration against ICICI Bank praying inter alia to the effect that the debt is time barred and hence, you are not bound to make the payment. Such suit for declaration is also filed.  

Bank has got a right to recover the money, but remedy before the court is lost under the existing provisions. 

Advocate Ravinder (Advocate/Attorney)     27 May 2013

The learned experts have already given their opinion relating to recovery of money.  

 

Relating to goons, you have to immeidately file a police complaint before thelocal police addressing copies to ACP, DCP and Commissioner of Police regarding the same.  If there is no response, file a private complaint against the Bank and its goons. 

icicibankcare (Bank)     29 May 2013

Dear Mr. Anil,

We are sorry to hear about your experience. Please send us your contact details at care@icicibank.com and our official will get back to you soon. Kindly refer '4316314' in the subject line.

Regards,
ICICI Bank Customer Service Team 

Kumar Doab (FIN)     29 May 2013

 

Before you write anything to M/s ICICI Bank you may once again go thru the advice of Mr. Malik.

 

 

Until or Unless advised by your lawyer who has gone thru merits and all details do not write anything to M/s ICICI Bank.

 

 

Advocate Ravinder (Advocate/Attorney)     29 May 2013

well advised by kumar doab


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