Bank right to set off credit card outstanding

Ombudsman, Reserve Bank of India of concerned jurisdiction in which your bank account exists.

You may go thru the credit card application form submitted by you and check if it is mentioned " bank has right to set off dues from any a/c".

Is this a/c NRO a/c?

Banks should supply a notice. Usually bank(s) takes a shelter that letter was sent by normal post. majority of the times this is a computer generated statement requiring no signature. In your case your email id was with bank and bank could have supplied email copy. majority of the banks obtain phone numbers opf the customers and chase customers on phone.

Did you lodge complaint with bank in time, if yes how and did you ask for complaint number?

Bank should have issued a complaint number at least in response to your email id at once. Code of conduct for bank and master circulars of RBI, NRI corner are available on bank's website.You may visit RBI website also.

Customer should not maintain saving/FD or other a/c with bank with whom loan/debt/credit card a/c are maintained.You may withdraw funds from a/c and may close a/c.You may approach NRI sabha/association etc and make the bank popular for their practices and majority of NRI's withdraw funds from this bank under protest mentioning your name and case number in writing to the bank Chairman/MD/Nodal officer.

Which bank is this?

You may find the attachments useful.

Kindly discuss the matter with your lawyer with show all records.Your lawyer may prefer to issue a legal notice.

"right to set off" and "lien (banker's lien/general lien)" are different things. if in the card application it was expressed that the bank may recover the credit card dues/overdues/disputed amounts from the SB a/c, then the bank is well withing its rights to do so. try this: (1) call a cr card executive and tell him that you want to apply for a cr card. he will be at your place with the appl form. check if that clause is there - if such a clause is indeed there, i think you have a very weak case against the bank. (2) if your relationship value in monetary terms with the bank is substantial, threaten to close all your relationships if the cr card matter is not settled in your favour (you should be reasonable too). make such threats to the branch head/nri business manager/anyone whose job is to garner nri business. in pvt banks, this works:).  

i am surprised by the suggestion by kumar doab that cr card holder should not maintain SB a/c with the same bank. in case of defaults, the bank is entitled to take all necessary steps (legal of course) to recover the amounts. after all, it is public money which the bank is lending. not having a sb/fd a/ with the same bank wont save the defaulter.   

Instead of knowing all the law if you write to Ombudsman explaining the facts of the case briefly enclosing statement of account, he will raise a query with Bank what that debit is all about.  Bank is bound to give reply to him. He is knowledgeable enough to know whether bank is right or wrong in making that debit.  He will get back to you with a reply if the bank is right or direct the bank to reverse the debited amount.

Thank You Sir,we are trying to speak to the Bankers on this behalf.

Dear All, Thank you for immediate response we are presently negotiating with the bank since the NRI relatioship is good .They are trying to resolve it from their end

Regards.

The bank authorities have replied as follows 6 days ago but no conclusive closure committed-

We are in receipt of your mail, .apolize for the delay in response

We appreciate you had made the payment of Rs 74100/= on 28July 11,which was not the full and final payment of the credit card  .However due to the accumulation of the interest and other charges ,the outstanding balance stood at Rs 12650.22 which was recovered by debiting your NRE Savings bank account with the Bank.We would like to mention here that as per  Bank norms that are intimated to the customer vide the application form,  Benefit and usage guide in safety tips column under Right to set Off/ Banker's lien states that :

In the event of delay or inability to settle your Credit card outstanding as provided in the agreement for any reason, whatsoever, the bank may exercise its right of General Lien and/or set-off and adjust any such outstanding against a property or assets (both moveable and immoveable) in possession of the bank from time to time, including but not limited to amounts lying in fixed deposits and/or in other accounts with the bank, property, assets (both moveable and immoveable), securities, stocks, shares, monies and the like of the primary card member and the add-on card member(s) that are or may be in the possession of the bank or may come into the possession of the bank from time to time, irrespective of them or any one or more of them being held in safe custody by the bank or otherwise.In lieu of this norm your account was debited ,We are also approaching our Credit card deptt to consider your case for reversal in the meantime, we request you to bear with us 

i am having salary account in HDFC and over the phone someone called me from HDFC regarding credit card. i accepted, she send me a card. after a month one hdfc ergo policy was sent to me and payement was done from my credit card, all this thing happened without my knowledge in year 2012. from that day onwards i was not ready to pay this amount to bank. other expenses when i was using i was making a payement. this payement i was not doing for this these people made late payement, finance charges... they made it 61000. and on 1st july2014, these people has blocked 61000 rs in my salary account. for that my cheques got bounced, and today got a letter that we are deducting this amount on 16th july 2014.. now my question to the banker when mistake is done by them why customer will suffer and pay unnecessarily 61000 rs. for credit card i didnt fill any form for "Bankers lien and right of setoff" ........