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Satrajit Ray   08 September 2024

Bank/recovery agency asking for credit card payment dues after 18 years

Can bank or recovery agency pursue a credit card payment which was due, after 18 years? my father has received a Lok Adalat notice to appear for court for a non payment of credit card which he took 18 years back,, what can the recovery agency or bank do after 18 years .. What is the limitation act 193 which says bank cannot take legal action after 3 years of non payment of credit card dues , or any legal action against non payment of credit card due has to be taken legal action within 3 years of last payment received ? is this true ,, is it applicable in my fathers case he has had three cerebral strokes since 2007 and was not in a position to repay the loan in all these years ... Also he dis not receive any legalo notice or lok adalt notice within 3 years of non payment from the bank ... What legal action can the bank or recovery agency take now? Please guide me what am i supposed to do now> the number provided in the legal notice/ court sukmmon , when i am asking the person to share details of the card like statement or some document which shows the legitimacy of these guys , whether they are a recover ageny or from the bank he is not sharing any details ,, he is saying even if you appear for lok adalat we will ask for the full outstanding amout which is 4 lakh 20 thousand ,, and if we are unable to pay he will take it to arbitration and seize our house and also block his pension account ,,, can some one please help me with this



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2024

The recovery agent's threats are not within the povisions of law, it is the tactics they adopt to recover the outstanding amount because they get incencentive over the recovered amount.

The loan is barred by limitation hence you can refuse to pay anything including the acknowldegment of the outstanding loan.

Do not respond to them and ask them to proceed legally where it can be challenged because they cannot approach court over the time barred loan.

You do not have to even appear before lok adalat.

Satrajit Ray   09 September 2024

Thank you so much for your response sir ,, my father has asked the concerned person over phone what to do in this case , where he responded to go for a one tile settlement of 90 thousand , which he replied he cannot pay because he is not in a financial condition to pay right now,,, he said over phone that in that case he has to pay the full amount and even going to lok adalat wont help as they will still ask for the same amount ,, failing which they will put the case in civil court , go into arbitration, seize our house to recover the loan and also block his pension account..

he was not aware of the limitation periiod of three years nor was he aware of the limitation act , My question is can this lead to resetting of the 3 years limit period ? also if we do not appear for lok adalat now that he has verbally asked for what kind of settle ment can be done can this lead to restarting the case on their behalf and take legal action like putting a civil court lawsuit ?

he also asked for details of the card , bank statements , contact details of the person like email id whre he can respond or send his queries and also the physical address of the person / bank where he can send a letter asking for  these details...etc to which the concerned person said to come to the bank and speak,, they will share all the details if he physically comes to the bank.. he is bedridden and thats why he asked for email and also address for communication,, the concerned person shared he will share all details only if he visits the bank,,, he also said even if we appear in lok adalat they will ask for the whole amount and not give this option of one time settle ment ..  can asking for one time settlement mean my father is acknowledhing the debt and can this lead to reopening of the time limit ?  if so what should be our response now ? can these recovery agency who is saying he is from the bank now pursue civil court and put a civi; case now that he has my father asked for settlement? can asking for one time settlement mean he is acknowleding the debt ?

please advise 

Dr. J C Vashista (Advocate )     09 September 2024

Avoid such fake notice till you get official summons of the Court or Lok Adalat.

Satrajit Ray   09 September 2024

Thank you for your response Dr Vashishtha Sir ,

how to figure out if the notice is fake or real ? as a layman I dont know how to understand whether the notice is real? is there a format or things i should check on the notice to figure out whether it fake ? i am trying to upload the notice here ,, its not uploading .. there is no watermark or symbol on the notice of lok adalat .. or a letter head,, just mentioned on top office of the district legal services authority kolkata and there is a manual stamp .. no official logo of lok adalat .. can you please share an official notice or summon of lok adlat with me please so i can check this is fake or real ?

 


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