Credit card - after 13 years silence bank trying to claim

I think you should write this matter to BANKING OMBUDSMAN ONLINE

Link:- https://secweb.rbi.org.in/BO/precompltindex.htm

Hope this will help.

Hi,

Thanks for your post.

But if they are just trying idle tactics to see if i will read these letters and get scared and they might benefit by that then i dont want to unnecessarily escalate this matter more. In 2-3 months i will even be vacating this residence. So is this really neccesary is the question. I dont want to stir it more and draw attention to myself.

I have 2 options i think. One it to ignore them. Another is to accept the next letter and write a regd post reply that this is a time barred debt and they have no right to claim. But then just by reading that letter they arent going to stop sending letters / trying right ? The next manager/vp in the company might again ask his offices to start trying to recover from 100s of people like me and the process will start again. So what will i acheive by writing to them ?

Also for a fake exagerated claim of 60 lakhs, if it was real, when my penal interest etc added to 10 lakhs or so itself they would have sent people running to meet me and recover and they should have done it during the three year legal period allowed by law. But they have been idle for 10 years, and now claiming this dreamed up amount by sending letters.

Everyone please contribute your valuable opinion.

There are 2 ways they can give you real problem at your door-step. One is extra-legal and the other is legal. Until one of these happen, you just ignore. Extra-legal: Sending recovery agents to call on you. They will be just thugs. They will come to your door. Dispose them of at the door itself. Do not allow them inside the house. Caution other household members not to allow them inside in your absence. You can report the matter to the police. Their second option is legal action. Going to court. If they go to court (not likely) you will have to meet them in court only. You will have to use your own judgment to decide when things become uncomfortable for you. Then you can file a case before banking ombudsman. Otherwise you need not unnecessarily provoke things.

Thanks for your reply Dr.Ramani.

On the 2nd option which you have specified, is it even possible to go to court now since 13 years have past ? Its very much a time barred debt runder the statute of limitations since indian law recovery of such payments legally is admissible only if within 3 years from last transaction/contact/communication between me and them. None of these communications have happened from my side for the past 13 years. Only they keep sending one sided letters.

Only this week they have sent a regd post with acknowledgement due. I told the courier guy to return it as wrong post which doesnt relate to me and he said ok and left. He asked if it was wrong name or what he should mention, for which i gave a non committal answer of "this courier package is wrong" as in because they shouldnt even be trying to reach me after so many years that too with an inflated out of bounds amount.

This is a time limited case. That is why I am telling you not to react unless driven to the wall. If the opposite party goes to court tell the court this is a time limited case. You are using both the words registered post and courier. Which one was it, post or courier? If it had come by post you do not gain anything by not accepting it. Under Section 27 of the General Clauses Act, it makes no difference to the sender whether you accept the post or not. If a matter is closed under the law of limitation, it cannot be unilaterally opened by one of the parties.

Apparently it is hoplessly time barred.

 

CC company has sold the debt to recovery agency.

Recovery agency wants to make fat profit.

If CCTV with mike  is installed at your premises, call recorder in phone(s) use these.

Alert all relatives/ call list persons  to record calls (if you want).

' 

They may dampen your credit ratings with Bureau's like CIBIL, EXPERIAN, EQUIFAX etc etc 

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	This is a time limited case. That is why I am telling you not to react unless driven to the wall. If the opposite party goes to court tell the court this is a time limited case. You are using both the words registered post and courier. Which one was it, post or courier? If it had come by post you do not gain anything by not accepting it. Under Section 27 of the General Clauses Act, it makes no difference to the sender whether you accept the post or not. If a matter is closed under the law of limitation, it cannot be unilaterally opened by one of the parties.

 

Im sorry for the misplaced wording, but the letter which i refused was sent through a courier (first flight). Not by regular post.

Originally posted by : Kumar Doab
	CC company has sold the debt to recovery agency. Recovery agency wants to make fat profit. If CCTV with mike  is installed at your premises, call recorder in phone(s) use these. Alert all relatives/ call list persons  to record calls (if you want). '

 

Thanks for your reply Mr.Kumar,

I do have call recording on my mobiles by default but havent received any threats / calls etc. Just one sided written communications for all these years.

You are right about the debts being sold to a private recovery agent, because all the letters stated that they have appointed a recovery agent based out of noida though im based out of coimbatore.

However the communications are all not coming from any private agency but from the bank itself with the bank logo and official envelope. The previous communications (normal post) were also all on the official bank statement type of computer print out. Seems like they are churning this out in bulk to a huge number of recipients. If the agency has taken over wont they be trying to contact me on behalf of the bank ?

Regards

I read here on a few threads that they can file a criminal complaint in court purely soliciting punishment trying to frame it as 'intent to cheat' kind of. But is that even possible. After so many years. And also will a criminal court just accept a one sided complaint, the court will first call upon me by summons i assume ?

But there are some disturbing posts herein on the forum pointing that the Bank can file a criminal case and directly get an NBW. I was of the thought that the NBW will figure only if i didnt respond to the court summon for such a criminal complaint (if instituted). Am i right in these assumptions ?

Can someone help or suggest if its possible to file a criminal case ? Does a credit card qualify as a negotiable instrument ?

Criminal case against whom, you, the bank or the recovery agent?

Against me i mean. Will they be able to (as mentioned in some threads here) file a criminal complaint in a court/police station positioning the Credit Card as a negotiable instrument ?