LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Thakker (Executive)     13 November 2013

Credit card dispute

Respected sir,

I applied for barclays bank credit card in Jan 2008 and before recpt of card i got message from there end that card is swiped and there is outstanding amount so i sent their head of operations an email where in i mentioned that i want to block this card and this was unauthorised payment but there was no satisfactory communication then they threaten me to file case , now today after 5 years i recived call from there some recovery end that case is filed in delhi police and they asked to talk to their lawyer with whom i had word and then he asked me to make full payment which i did , i am having copies of my email now i want to file case against them in consumer court and also against the people who acted on there behalf and threaten me and compel  me to make payment could sir kindly guide me about same issue your valuable advice will help a lot.

Thanking you

Paras



 4 Replies

Sudhir Kumar, Advocate (Advocate)     13 November 2013

the card is swiped before delivery.  why do not yu go to thana.

Kumar Doab (FIN)     13 November 2013

The outstanding payment of CC is a civil liability. Demand that the complaint/FIR filed with Delhi police be supplied to you.

The email sent by you is a matter on record.

The date of CC swipe and date of delivery can be related.

You should have consulted your lawyer before making a payment and also if the reply of the company was not satisfactory.

Approach your lawyer and pull them to court of law for coercion, intimidation…………………

Your lawyer after having examined all of your docs may advice to approach BO, DCDRF or other forum as suitable……….and issue legal notice to MD, Chairman of the bank.

 

 

In the meantime you may go thru:

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

https://www.lawyersclubindia.com/forum/Sbi-credit-card-fraud-91273.asp#.UoOby3CAqWM

https://www.lawyersclubindia.com/experts/Query-on-credit-card-fraud-432681.asp#.UoOcM3CAqWM

https://www.lawyersclubindia.com/forum/Internet-fraud-72353.asp#.URy5MTcw9JI


https://www.lawyersclubindia.com/forum/Fradulent-transaction-from-my-bank-account-72268.asp


https://www.lawyersclubindia.com/forum/details.asp?mod_id=77156&offset=0#.UUc5NEpFZ_5


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


https://www.qadit.com/blog/?p=1153
Banks responsible for hacked customer accounts

 

 

You may also take up with;

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

 

Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

kumar Daob has suitably advised

Kumar Doab (FIN)     14 November 2013

 

As advised by Mr. Sudhir Kumar you may approach the police too.

 

CC dues are not secured debt. 

RBI issues guidelines to approach Lok Adalat……………….for such loan/debt.

 

Your lawyer may advice that even if the transaction is proved as done by you ( assuming to illustrate) the recovery was hopelessly time barred might have advised to cite the limitation and dispute the debt.

 

 

Once the debt is statue barred the lenders are not allowed to push for recovery.

 

 

That is why the lawyer or the caller whatever he/she coerced and intimidated you to pay.

You have fallen prey to the tactics.

 

If you have the evidence that the transaction was made before the delivery of CC to you and you had duly informed the company and company has extracted the payment by unfair means the amounts that were actually not due from you then you have a good case.

 

However you should act in time from date of payment by you.

Another point is that you have made the payment to bank by instrument of payment e.g. cheque/DD favoring bank or some  recovery agency/ARC of the bank or this so called lawyer that had called you?

It shall be appropriate to act under expert advice of your lawyer. The lawyer that has seen all of your docs and has analysed your inputs can advice you the best.

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register