I recieved a call from a collection agent on behalf of Kotak Mahindra, last week. She spoke very politely, however, when she told me the reason for my call, I was a
little stunned. Because even though years ago (around 2006-2007) I had a loan with Abn Amro, it had been settled.
Now she said that I also have an outstanding on a credit card. They said they brought it up now because Abn Amro has been taken over by Kotak, after it was sold to some other bank who sold it to Kotak. I do not remember using an Abn Amro credit card. Now, I did not deny it outright, however I mentioned
that I would like a statement.
I was told that they do not give statements for closed credit card accounts. Then I mentioned why should I pay something that they have no proof of me owing to them.
They said that it will go to CIBIL and I will never be able to get a loan.
I felt a little confused, so sincemy father understands finance better than me, I asked them to speak with him, even that wasn't very fruitful. Many times I was told
that I they will not remove my name from CIBIL and no bank will consider me. But the tone of the supervisor was similar to that of a veiled threat. The words were just
right but, it felt like she meant to scare me.
I kept saying that I do not accept nor deny that I have incurred that debt, however, I need proof. They said that I should come to the bank. Now, I'm uncomfortable
with that- it's like going into the lion's den. So, I mentioned that they could email me the soft copy. They wouldn't agree to that- because my email address was not
registered with them. They hd an old email address. So basically there is no way of getting to see the proof, unless I go to their territory. Am not doing that.
During the conversation, they mentioned that they know I work in retail etc... I'm just wondering, can they contact my employer? ( I suspect they got this information,
via a job portal). Thankfully, I had not mentioned my residential address like most people do.
So, I wanted to know that IF I DID use the card, how much would I need to pay?(I asked them this just in case I am unable to fight them on this, it was in no way an acceptance of the money owned)- They said my total was close to 32,000 but they can bring it down to 13000. and they can let me pay it in two installments. But if that is all I paid, then they will clear the debt but will not inform CIBIL about it, since I did not pay the full 32000.
That amount included the interests and other charges added by the bank. They are talking about a time 6-7 years ago. Can they come back and do this? I don't remember having that card. But I DID have a loan with them which was paid in full.
So, I asked them. what if I paid the 13000 now(subject to them proving that it was my card) and they give me a letter and clear the debt. And then when I can pay the
remainder 19000 in a few months after that, will they then remove my name from CIBIL? They refused and said that I can only do one thing. Either pay the whole amount
(offered me installments of three months) and have my name cleared in CIBIL, or pay 13000 and the name stays in CIBIL. Now I told them that I will discuss this with an
expert and let them know in 2 days.
Right now I am looking for employment, I have little savings after a prolonged illness and operation, AND, going through a divorce, so legal fees are high.
How am I supposed to pay them money, If I give them all I have, I won't have food to survive. Are they llowed to do that.
They also suggested that I borrow from someone/ my family etc. Can they do that?
I hve been co-operating and been patient and polite. However, I just want proof. and I am NOT going to their lair :) . I need to know my rights, because nobody really
knows what they are.
I read and researched the internet, I came across several websites , but most were about American companies. No easily comprehensible website for Indians. And some
forums have experts, who just sit there but are of no help at all, since they do not reply at all. Then why take that responsibility?
Here is what I read, some of it helped , most didn't:
https://www.online.citibank.co.in/portal/newgen/cards/COC_Version_final.pdf - this is for Citibank, but so other bank follow similar COc?
https://www.wikihow.com/Deal-With-Collection-Agencies. - this helped a lot. but it is meant for American citizens.
Do they have a limited no. of years within which to collect these debts?
Do they owe me proof? And am I wrong in asking them to email me the statements?
Why are they asking me to pay for something without the statement?
Can they refuse to delete my name from CIBIL even when I pay the amount they say that I need to, to close my account? If the account is closed, then why don't they inform CIBIL?
Can they suddenly call up after all these years and demand that I pay up right away? If this turns out to be something I have to pay for, I am not prepared for it.
If they provide proof, I will pay, however, I cannot pay they additional charges that they have piled on after....so many years if the card is closed.
My final question is,...what do I do?
