Credit card - after 13 years silence bank trying to claim

Dear Kumar,

I dont remember that far into the details which you are asking me since there was a 13 year silence. And all this occurred well beyond even those 13 years.

Thanks

IN that case let the CC company place on table whatever they can or may take out from  their records and counter it. 

You may download and go thru:

Fair Practices Code

The Code of Bank's Commitment to Customers

This should be on website of CC company,IBA,BCSBI,RBI…………….and your own lawyer should also be having it.

You are at liberty to demand any detail,document, record that you feel relevant to matter at your hands.

It shall be better to consult local counsel of unshakable repute and integrity specializing in banking/consumer matters at your own location.

It shall be better to demand, plea, and get your name called back from list of defaulters.

Dear Kumar,

Im not worried about my name in default list or CIBIl score etc. I will never be applying for any loan. But ironically after all this happenned 9 years ago i was issued a cc by another bank and have an impeccable track record, have taken large values and fully repaid with completion of tenure also. So i dont know if im on the CIBIL list etc but i have been offered consistent preapproved loans by my current bank with no paper work due to impeccable record. I have not availed any of these though.

I only want to know wether legally they ca nclaim anything for this 13 year old card. As everyone has explained its seriously time barred so there is no legal suit possible. Also all members here seem to point that no criminal case is also possible. So the only thing is can DRT interfere ? And should i ignore the regular letters or send them a reply stating that it is time barred and i am not liable to pay ?

Hope you have referred to RBI; Master Circular on Customer Services of all corresponding years also.

The CC company may claim that the debt was sold/assigned to Recovery agency/ARC as per banking Regulations and vice versa.

The defects if any are to be found by you or your counsel from whatever record/docs or precedence’s/judgments you have.

Probably your name was not included in records of CIBIL when you availed fresh loan.

If CC company,Recovery agency/ARC approaches any forum it is you that can establish debt existed/exists or not and/or plea that matter is time barred.

Now don’t make any presumptions for matter at your hands.

Let your own counsel that has examined all,docs, records, inputs advise you in person.

Supreme Court of India

Punjab National Bank And Ors vs Surendra Prasad Sinha

https://indiankanoon.org/doc/49712/

“Section 3 of the Limitation Act 36 of 1963, for short "the Act" only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the remedy is barred by the limitation. Only exception in which the remedy also becomes barred by limitation is that right itself is destroyed. For example under s.27 of the Act a suit for possession of any property becoming barred by limitation, the right to property itself is destroyed. Except in such cases which are specially provided under the right to which remedy relates in other case the right subsists. Though the right to enforce the debt by judicial process is barred under s.3 read with the relevant Article in the schedule, the right to debt remains. The time barred debt does not cease to exist by reasons of s.3. That right can be exercised in any other manner than by means of a suit. The debt is not extinguished, but the remedy to enforce the liability is destroyed. What s.3 refers is only to the remedy but not to the right of the creditors. Such debt continues to subsists so long as it is not paid.”

There are many threads on similar query at LCI and LCI experts/members have advised at LCI and other, forums that you can go thru and pick up  relevant points e.g;

https://www.lawyersclubindia.com/forum/Credit-card-dispute-civil-written-off-status-54770.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104050&offset=2

https://www.lawyersclubindia.com/experts/Time-barred-debt-515091.asp

https://www.kaanoon.com/101535/time-limit-for-bank-private-public-to-recover-credit-card-dues

https://www.lawyersclubindia.com/forum/recovery-of-loan-after-death-of-principal-borrower-15420.asp

https://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-icici-bank-recovery-agent-90503.asp

If you wish you may also appraoch the LCI experts that are from Banking/Legal Cells of Banks e.g;

Mr. Rajendra K Gupta, Mr. G.L.N. Prasad, Mr. Parthsarthy Longanathan, Mr. Mallipedi Jaggarao…..  

Thereafter do the best thing you can do i.e;

Let your own very able senior counsel at your location of unshakable repute and integrity specializing in such/banking/ consumer matters, that has examined all,docs, records, inputs, advise you in person.

Dear Mr.Kumar,

Thanks for your inputs.

I understand what you have pointed out. The legal remedy only expires. But the right to his debt continues. Ok, but still when theres no legal remedy and criminal intention cant be pointed out here because it was they who waited for 13 years before giving a complaint (even if criminal complaint is admissible) then my reply can also be standard and insisting that, i will only reply to a court, right ?.

Since there is no remedy, then the only other way is that he has right to keep on asking and making claims. But there is no legal recourse for him to recover this after so many years correct ?

Regards