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rajesh (other)     31 October 2013

Credit card defalt -need help

Need your help

Hello, 

Need your to deal with Credit card default  -  I was a  regular and honest customer to bank  paying Loan emi and Credit card  dues.  When I  lost  job  due to recession,   all thing started falling apart,  When I was  working and earning , i  used loan amount and  credit  card to  save my  family from  difficult  situation. I had  2 loans and 5  to 6  credit cards,  Used credit  card when my  father and mother hospitalized . and in several other diffult situations.. We  were staying in  rented house for more than 7 years,  and things getting  started more worse , when owner of house  asked  us to vacate house.,



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     31 October 2013

which is the legal point?

what is your query?

rajesh (other)     31 October 2013

Sir,  After  moving to different  rented house with  no  job  and was searching for  good job, which gives me same salary as  previous company  salary.  but   i  got the job but , salary  is  very low  compared to previous  job.  Why i  am saying  all these things because  , situation has worsen.  After moving  to different  rented  house  , I  contacted bank once  regarding  non payment  and  explained my  situation.  they don't  want  to listen to my situation  , they just want  me  to pay   dues on time.   and  i  remember  once while i  was working  i missed my  payment when my father  was hospitalised and  they  repeatedly calling and  using  rash  language  to collect  money .  this  made me  think  i  will  contact  them  once  my situation is  some what  gets  better ,   and  start  paying my credit  card payment  with  minimum  amount .  over 1 year  i  did not  made any  contact  with bank.   When I lost  my job  sir,  i  thought i  will end my  life  but  i thought  about my  family  how  they  will survive  and  came through  many  difficult  situation and  i need to fight back , now They  some how  searched my  number  calling me  pay the  dues.   if  i would had  money  i  don't  even  save for  my self  I could have  paid  all dues. I never  begged anybody  for money  in my  difficult  situation  other than using bank money.

Sir , my query  is  

1. Can  I   file  bankruptcy  at  court .  

2. what  actions  bank  will take  against  me if  i  am   unable to pay  there  money .

3. What  is  the  legal  procedure will follow.

4. last  any  govt or  private  organization i will help people in these situation.

 

Thank you

Kumar Doab (FIN)     31 October 2013

 

Even if you are under Debt the Bank and its CC Div and its employees and agents are under code of conduct issued by RBI and these agents and bank can not be rude…………

 

You may carefully go thru:

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

Discussion > Civil Law > Harrasment by icici banks recovery agents   Unanswered ThreadsPost New Topic

 

 

Whatever you may claim you are under debt and lender has nothing to do with emotional appeals and in ability you may cite.

 

For filing bankruptcy you may seek legal opinion from local lawyer experienced in such matters. There is a social stigma attached with bankruptcy and it is not granted just like that.

 You may go thru:

https://www.lawyersclubindia.com/experts/Bankruptcy-filing--226726.asp#.UnIQwSeo1oo

 

 

Banks are prompted by RBI to approach Lok Adalats and that is bank/CC companies do. banks are known to persue thru Summary suit.........

 

 

Sudhir Kumar, Advocate (Advocate)     02 November 2013

bankrupcy will leave you with :-

 

(i) clothes you are wearing/changing.

(ii) implements of worship.

(iii) you PF.

(iv) limited utencils for cooking and eating.

 

 

Thereafter it will be difficult for you to get a house or a job.

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

You have a solution, 1st to issue a Legal Notice through a lawyer to all your banks, where you due to them mentioning all your difficulties and you request them to wait some time. Or ask them to file a recovery suit/s against you. And also inform them, not to make any forcible things against you, for which acts could not be permissable as per law and even the RBI could not encourage such things. Then only you will get "temporay " relief for some time. Any how finally, you are liable to the amount to all the banks. 

uday shah (prop)     04 November 2013

forget credit card payments but pay loans first


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