LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

venkat (Engineer)     05 February 2013

Credit card

Dear sir,
This is regarding a credit card from HDFC bank and there was some default from my side for personal reasons and i could not pay them back,credit card limit was 80k and now they want me to pay in lakhs, i dont know how can that be possible,they track number and now saying that they are going legal under wilful default which i am not.

I would like to know from esteemed law profeessionals that what kind of legal action can they take.

Thank You

Regards



Learning

 4 Replies

Advocate M.Bhadra   05 February 2013

In very recent  there are a trend that some Pvt Bank adopting unfair trade practice to caharge over due interest in place of acutual taken facilities from Credit Cards, which is beyond the guide line of RBI.Generally bank does not prefer for filing a suit to recover from Credit cards dues.You can try to settle the matter with the said Bank at a minimum amount,failing which you can send a legal notice question on interest and furnish the acccount and also file a suit for Declaration in Civil Court at where the credit Card was issued.

venkat (Engineer)     05 February 2013

Thank you very much for the reply sir...i would also like to add that in Aug 2012 i have recieved a advocate notice through email stating the same ..will it make any difference sir after that i heard from them today , i need some more time regarding payments due to personal reasons which is not consrern to bank.

I would like your advice sir

Regards

Kumar Doab (FIN)     05 February 2013

If the bank has referred your case to its recovery agencies then bank has to inform you by letter mentioning the contact details of the recovery agency. Bank has to maintain the list of recovery agencies on its website. You may check this list.

If the recovery agents are coercing/threatening/ forcing/pressurizing/ intimidating you or are calling you frequently from inaccessible/non traceable numbers you may record the calls and lodge a police complaint, under acknowledgment.

RBI, BCSBI, IBA have issued guidelines on Code of Conduct for CC companies.

During your course of your transactions you must have noted and recorded lapses at the end of CC Company this HDFC.

Highlight this in writing and transfer the onus on this HDFC.

Agree to pay the principle amount only.

However obtain a confirmation in writing on letterhead under original seal and signature by redg. post from competent employee of HDFC bank stating that HDFC bank shall withdraw your name from list of bad customers maintained by bank, list of defaulters sent to CIBIL and shall clean your credit history and shall provide you a certified copy of clean CIBIL report showing name of member of CIBIL i.e. HDFC bank, MNNF list, Equifax, Experian and any other credit rating/bureau and this settlement shall have no adverse bearing on your credibility/loan taking ability in future.

It shall be appropriate to approach a lawyer specializing in consumer matters and CC cases.  

Some court judgments in CC cases are enclosed.

There are many informative threads involving Credit Card harasment at LCI.

You may go thru these and prepare your defence.

 


Attached File : 1040104925 master ciculrar on credit card opration year 2012 71mccco300612.pdf, 1040104925 rbi recovery agents of banks.pdf, 1040104925 4 4 private bank harrasment.pdf downloaded: 109 times

venkat (Engineer)     05 February 2013

Thank you very much sir for the detailed advice...Will keep these things in mind and proceed further...Regards...!!!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register