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Gurpreet Singh   23 January 2017

Advice Required on Legal notice regarding Non payment of CC

Hi, I need a help on cheque bounce case.. Today i recieved a notice via mail from Hdfc bank. He will filed a case u/s 138. I just want to clear that my credit card outstanding is 1.20 L till date and i am not paying dues from last 7-8 months and also i get a internal credit card jumbo loan on behalf of credit card which is also running. From last 2-3 EMI's i am paying excess amount of 700-800 regularly as per the HDFC staff. But actually my EMI's was 2890 on papers for 4 years. Approx my 63k is also pending. I was not giving against any cheque against this case but i was given cheque on my car loan which was already over. Now they are sending notices me regarding jumbo loan that as per auto debit facility your transaction dishonoured. As per HDFC staff my internal loan was pre closed by bank and now you have to pay 63000 amount directly with in 15 days otherwise they will do legal action on you. Kindly guide me what can i do on same thing.. i am very worried. Thanks Gurpreet Singh 8725095301


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 4 Replies

Pawan S (Advocate)     23 January 2017

You need to check this out with the bank officials. Try to sort the issue at the earliest, as I am afraid, that the bank might rope you to litigations.

Kumar Doab (FIN)     23 January 2017

If one borrows one should pay.

 

Has the bank already banked the cheque and cheque has bounced?

If the said car loan was closed you should have collected full and final statement, NOC, unused advance cheques.

Do you have all loan documents and receipt of cheque showing it as a security or advance cheque for car loan?

You have not paid the dues.

The bank forms usually contain clause on ‘banker’s right to lien and set off ‘.

 

If cheque has bounced : You may ASAP show all docs on record to a very able counsel specializing in such/banking/consumer matters and understand your options.

Or if you have funds pay the dues and close the matter and negotiate so that theree is NO adverse effect on your creditibility and updation in record of credit bureau's like CIBIL.

 

Sudhir Kumar, Advocate (Advocate)     25 January 2017

meet a lawyer immediately before gettinginto trouble which is fast brewing.

Kumar Doab (FIN)     25 January 2017

Visit a very able counsel ASAP and prepare your defense.

The counsel that has examined all docs and inputs can advise you the best.


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