Standard Chartered Bank Sold My Banking Credentials to Shaha

Such illegal acts of the banks must be addressed collectively at higher level, with Ministry of Finance- Banking Division and also RBI.

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

You have mentioned in your post:

that you have the email communication vide which you had instructed the bank to cancel your card. Did you pay any amount as per your calculation as full and final payment? Did you receive any acknowledgment of your email or confirmation from the bank that your instructions have been complied with and card stands cancelled, and full and final statement of account is enclosed for payment and closure of account?

Usually all emails are automatically acknowledged by the server of the company.

Bank is under obligation to send you written communications, notices, under acknowledgment, to clear your bill and collections department follows up, and bank communicates to the customer that if the payment is not realized then they can report the credit history to CIBIL. All options have to be exhausted by the bank. Bank may engage recovery agencies duly approved by RBI, and bank is under obligation to supply the details and contact details of the recovery agency to customer. You are within your rights to ask the bank to supply you the RBI license number of this SAHA, or you can ask RBI whether this SAHA approved by them, and whether SCB sought approval of SAHA to be employed as their recovery agency.

Bank had your email id in their record and apparently bank has not supplied you any communication.

RBI has authorized the banks to set their fee up to a maximum amount of Rs.50/- for supplying the credit report of the customer. You could ask for it from the bank.

You can find these details at the website of RBI.

Hope you maintained the call records, i.e. date and time, phone number with STD code, name of the called person, and similarly for the calls received by you, and the bill of calls made by you, and bill of photocopies, courier/redg. Post etc sent by you, etc.... You may prepare a separate expense statement and claim the amount from SCB.

You shall find at CIBIL site that bank can file the status as Status: Options include: Suit filed, Willful default, Suit filed (Willful Default), Written off, Suit filed and written off, Willful default and written off, and Suit filed (willful default) and written off. You can check the details at: Your CIBIL credit report, in CIBIL site.

Hence even if you pay bank shall report one of these statuses. You shall need to obtain an order from BO/ forum/court to clean your credit history, stating bank was at fault, to CIBIL. However you are well within your rights to ask for the copies of the communications/letters/emails written by the principle SCB or its associates to CIBIL to include your name in the negative feedback list/defaulters, and also after you have won your case. Normally bank shall not give It., and they shall opt to give a copy of the CIBIL report, which implies that you shall still not get the status and cause reported by the bank, while bank after even a small clue shall ask for exhaustive reports from CIBIL.

RBIO has also approved new credit rating agencies in addition to CIBIL.

For lowering your prestige and defaming you and also threatening and coercing approach ("Dena toh aapko padega, nahi toh..pause") you can lodge civil/criminal complaints.

In another case posted in the forum SBI card promptly contacted the consumer and resolved the issue.

Please don’t think that you are alone!

Attachments mentioned by you at 1, 2,3,6,7 are not found.

Pls find the attachment.

Pls find the attachment.

Thank you Kumar, appreciate your help and advice, I have not uploaded all the attachments I have, just for the sake of confidentiality etc, but that doesn't mean I cannot (I will, if at all I eventually decide to)

Responding to your question, Did you pay any amount as per your calculation as full and final payment? ---> Yes, I did, but since they failed to cancel the card account and my Mother who apparently wasn't aware of the whole thing ended up using her suppliment card couple of time after my final payment (This could have been avoided if the card was cancelled immediately)

Did you receive any acknowledgment of your email or confirmation from the bank that your instructions have been complied with and card stands cancelled, and full and final statement of account is enclosed for payment and closure of account?--> Yes, the response I received wasn't a computer generated one (Attached is the email in which I have stated that I have made the complete payment+late payment for all the purchases made so far and requesting to cancel the card) which SCB acknowledged and advised to reconsider my cancellation request to which I never responded, which ideally means I am NOT willing to reconsider, so effectively SCB should have closed the account.

Coming back to CIBIL, I must admit that in the past few months I have learnt a lot about how CIBIL functions, credit rating, transunion score, statuses etc etc. so I good there.

I also admit that, I should have diligently followed up with the Bank to ensure my card was actually closed (I blame my offshore trip for this and lack of sufficient payment options from SCB to make wire payments etc, the only way I could have made the my mother's purchase's payment was to either drop a cheque or cash)

As far as SHAHA is concerned, recovery agents are people who are supposed to contact the customer to help them make payment (EMI, settlement etc etc), but selling banking credentials to SHAHA or any recovery agent for that matter is not something RBI has ever told any bank to do, based on the emails from SCB, SHAHA is not a recovery agent and is rather a company to who SCB has sold all of their NPA (Non performing assets) with the help of RBI circular DL.BC.29/20.16.002/2002-03 by misrepresenting it in an incorrect manner.

Keeping all these aside, one should also realize that SCB's lack of proper service and my lack of follow up with the bank for my card cancellation has caused this and not an intentional act of stealing money from the bank or anything of that sort. Considering this I offered to settle the amount for what I thought was appropriate, but it appears like bank thinks that I had intentionally fled away with their 2,700/-  and wants to get back 39k (This is what it shows in my CIBIL report) in return.

But interestingly this entire thing has brought up a very serious matter now, can a bank sell credentials to anyone they want??? can RBI circulars be presented in anyway banks wants???

My fight is not about my credit rating or the outstanding credit card bill ANYMORE (I can pay whatever SCB is demanding without a hitch), it is now about making sure that every SCB customer in the country who ever had/has any outstanding amount with SCB pulls up their shocks and probably be aware of what things are going to come their way.

Fortunately my brother who is a reporter at a leading newspaper is already in the process of getting things together to have my article printed.

Regards,

Ajit Patil.

I think the 'Shaha' is a fictious company that is floated by Standard chartered for fleecing customers. See another report here: https://www.grahakseva.com/complaints/13911/standard-chartered-bank-credit-card-unnecessary-dues

You have instructed the bank to cancel your card, and after wards if the bank has requested you to reconsider, and even if they offered reversal of some charges, bank can not claim that since you did not confirm after reconsidering your decision, hence they did not cancel your card.

-Hence you should not unnecessarily feel that you are at fault since you did not reconfirm.

-Bank having reversed the charges can not compute these again.

-It is believed that no where in your application form for the issue of the card, or later bank has sent to you intimation regarding % or revision of  % of their charges, and sought your consent. Banks at the most quote a printed statement from application form stating applicant agrees to terms and conditions of the bank.

However in many of the published decisions, forums and courts have not accepted this contention of the banks. Some of these are enclosed for your reference.

The cases decided by State and National Commission, BO are available at their website.

You can search for cases involving SCB, at various sites.

-Bank had your email id in record and has apparently not sent any reminder on your decision to accept their request to continue with the card. To inform or not again is your prerogative and discretion. In the absence of any reconfirmation bank is duty bound to send a confirmatory mail again to you at your email id followed by letter under acknowledgment stating in the absence of any reconfirmation, and your previous instructions card has been cancelled. Hence from the date of your instructions card stands cancelled. Bank does not enjoy any right to claim any charges.

-The additional card also stands cancelled with the primary card. You should maintain this.

-You have already expressed your inclination to pay principle amount if any.

- Bank had your email id address and has not sent you any notice, or bill for payment hence bank is fault. Rest of the exercise by the bank is to fleece you. You should challenge it.

-For cibil, stayam thing, you can sue the bank. You can order the bank to declare to supply you the complete particulars of any other credit rating in which your name has been included a defaulter and bank is bound to supply you the same under acknowledgment.  You are within your rights to demand dispatch details and POD.

-If you wish to find SAHA is company of SCB, you can find out thru RTI or discreetly from Registrar of companies. Department of Company Affairs has a Serious Frauds Investigation Department

You should contact a competent lawyer and issue a legal notice to the company and sue them in consumer forum and/or civil criminal courts as deemed fit.

Kindly update, the developments or decision. This shall help many who visit the forum.

Kindly update, the developments or decision. This shall help many who visit the forum.

sorry for being away for some time, I held up with many things last week, I received a call from Banking Ombudsman office at Bangalore stating my complaint is in process, I also called up Chennai office and found that my complaint has been forwarded to Delhi office, I then called up Delhi office and found that the complaint has been forwarded to the Lucknow office because I live in Ghaziabad.

Unfortunately I wasn't able to meet anyone responsible to talk to at RBI, I will post more details after a sucessful meeting at RBI.

Please also visit https://www.lawyersclubindia.com/share_files/CREDIT-CARD-HARASSMENT-4971.asp

Hi Forum readers,

I received a response from SCB yet again and the mail is pretty long with lots of calculation which I myself took very long to really understand what is that SCB is trying to convey, all in all the message was "contact SHAHA Finlease for all your future clarification"

While the entire email was all about calculation of charges, dues, payment pending, interests etc etc etc, below is the part and my responses I feel will be of some interest to the forum readers.

7. Owing to non payment of dues, financial charges were continued to get debited
to your primary card account. We wish to reiterate that the Bank sold,
transferred and assigned all its right, title and interest in all the amounts
due and payable by you under card account ending 2703 and 6524, in favor of
Shaha Finlease Pvt. Ltd.

You can't do this. refer the below RBI circular. under serial no 1, issue in brief serial no 6 (I have attached the circular for your reference)

RBI/2008-2009/100

DBOD.FSD.BC.23/24.01.011/2008-09 

8. We would like to draw your attention to clause 23c of the Card Member Rules
and Regulations, which states that ?The Bank reserves the right to assign or
securities the receivables and / or the credit card business as a whole or a
part there of in any manner whatsoever without obtaining any consent, either
express or oral from the card member?.

You can't do this. refer the below RBI circular. under serial no 1, issue in brief serial no 6 (I have attached the circular for your reference)

RBI/2008-2009/100

DBOD.FSD.BC.23/24.01.011/2008-09 

I have just drafted a mail to 

Dr. K.C. Chakrabarty

Deputy Governor
Reserve Bank of India 

Putting across my grievances and SCB's practice of selling my credentials to someone else without my explicit consent.

There are multiple things happening right now, below is the snippet of where else the work is in progress.

1. Have discussed my case with a lawyer and things have started there.

2. Sent all the of my details to a leading news paper editor, work in progress there too.

3. Drafted a mail to Deputy Governor RBI copy to Chief General Manager, customer service department, RBI, Chief General Manager, Department of Banking supervision, RBI.

4. Visiting the DBS (Department of banking Supervision) team here at New Delhi.

5. Finally, in process of paying a visit to RBI at Mumbai.

LET ME QUICKLY REMIND ALL THE FORUM READERS THAT, I AM NOT DOING THIS BECAUSE I FEEL 15,000/- (FINAL SETTLEMENT AMOUNT OFFERED TO ME) IS TOO MUCH AGAINST AN OUTSTANDING PRINCIPAL OF 2,700/- FOR 2 YEARS.

IT IS BECAUSE I CAN'T LIVE WITH THE OF FEELING OF BEING CHEATED. I MAY END UP SPENDING MUCH MORE ON THE ENTIRE PROCESS OF FIGHTING BACK, BUT THAT IS NOT A CONCERN HERE.

Regards,

Ajit Patil.

You are within your rights :

-to obtain a certified copy (under seal and signature of competent employee) of CC form on which your signatures were obtained by SCB with/without any explanation of contents and with/without supplying you the certified copies of all circulars and corresponding law of the land on the strength of which bank has the right to draft it and obtain your sign.

-to obtain certified copy  (under seal and signature of competent employee)of SCB vide which SCB has obtained your explicit consent to specific amount of interest, penalty, finance charges, claimed by them.

You have been supplied some of the cases involving SBI card which demonstrate bank/CC company has never submitted to court of law/forum the specific or explicit consent ever obtained. Which customer in his sanity shall agree to pay 3.75%/pm or 45%/pa compounded on daily basis…………..

Which other business shall fetch such a return.

Such a thing can not happen without connivance of ………….

Your resolve to defend your rights and fight for it is commendable.

The recalcitrant and adamant SCB shall not provide any relief and neither they shall admit or apologize in writing that they have done something wrong. It is for a reason that no agency of the government /court of law/forum has ever inflicted major/capitol punishment, and they have been let off with a mild financial penalty.

If RBI compounds all cases of each bank/CC till date they shall find that there is a fit case to cancel the license of the company. No governor or minister has ever done it.

This loot needs to exposed and proved.

Please keep the forum posted, and do post the decisions with case numbers so that others can also use it.

I may have missed putting this information on the forum, nevertheless, better late than never, one can click on the link below to get the contact information of everyone under RBI, this includes the honorable governor.

https://www.rbi.org.in/commonman/English/Scripts/Departments.aspx#DCS

I do not currently have the rights to share the contact information for the rest of the personals I am currently engaged with, due to the fact that all of them are either my friends or relatives, however this doesn't mean that I won't if someone is in need.

Enough of sad news, for people following this topic, here is a bit of good news to refresh our minds for a moment.

The reason all this started was because I wanted to buy a big car which I had lost hope for after being rejected by multiple banks for the very same CIBIL cause (All created because of SCB) I was able to pull my savings off, borrow some money from mom, brother, friends etc and have managed to get all the money I would need to get the car on complete cash down, I am visiting the showroom tomorrow and will most probably return with the car.