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Venkat (NA)     16 November 2011

Credit card - hsbc failed to update credit history

Hi,

I hold a credit card (#4384 xxxx xxxx 6684) during 2006-07, for some reason I blocked the card so they issued another card ().  In May, 2007 I settled this card by paying single payment. I recieved settlement papers also.

In last 2 years, I applied for personal loans 2/3 times but were rejected saying yor are a defaulter to HSBC credit card. So recently I got my CIBIL Report where in it shows 13, 500/- as  current balance against #4384 xxxx xxxx 6684   and ZERO balance against  #4384 xxxx xxxx 5104. 

MY POINT IS:

1. I have only 1 HSBC credit card, one was blocked and replaced by the other and the same is settled. But in CIBIL report it shows as if I had two cards.

2. As they did not update the information properly in CIBIL, it affected me not only loans rejected but also my credit history ruined.

AT THIS JUNCTURE, Can I approach Consumer Court?

Thanks You,

Venkat.M



Learning

 7 Replies

ajay sethi (lawyer)     16 November 2011

drawattention of HSBC to CIBAl report and request bank to update your credit history .

 

going to consumer court wont serve any purpose if bank is willing to make amends . disposal of your complaint will take 2 years and you will have to go on number of occasions to forum for each and every date

Venkat (NA)     18 November 2011

When I approached them they replied back with below mail:

So I would like to know if I can approach consumer court as they did not update my credit history on time ( 4 yers ago),  I had to suffer as my loans were rejected. During this time I tried personal loan for 4L for 3 times in 2008, 2010, 2011

MAIL RESPONSE FROM HSBC

Dear Mr. Reddy,

Your Credit Card 4384 xxxx xxxx 5104 and 4384 xxxx xxxx 6684

 

Reference Number 05112011320

 

We refer to your email of 04 November 2011 received through info@hsbc.co.in regarding The Hongkong and Shanghai Banking Corporation Limited, India (HSBC) Credit Card.

 

We would like to inform you that as per our records your credit card

4384 xxxx xxxx 6684 was replaced with the card xxxx 5104 in May 2006.

Further, the credit card xxxx 5104 is already reflecting in CIBIL (The Credit Information Bureau India Limited) records as "settled".

 

Further, we have also arranged to update the status of the credit card

4384 xxxx xxxx 6684 in cibil records with Nil balance and the same will be updated by ten working days.

 

Please feel free to write to us for any further clarification.

 

Yours sincerely,

 

Rajarshi Majumdar

Customer Service Executive

The Hongkong and Shanghai Banking Corporation Limited, India (HSBC)

SURESH GODBOLE (ADVOCATE)     18 November 2011

You mention , after paying one time , You received Settlement Paper . Were both Card Nos mentioned in the Settlement Papers

As now they have accepted their mistake and say they are going to update their records within 10 days

You have suffered a loss by not getting your loan sanctioned due to HSBC mistake

only one thing remains to be proved

Whether at any point of time you were informed with regard to the pending dues for your earlier Card

Did you react and informed them to correct their records

Also whether YOU approached HSBC after your loan was blocked for this REASON

If any of them you have done , there is a possibility for you to approach Consumer Court

Venkat (NA)     21 November 2011

Thanks  for your reply. Please find below my answers to your questions.

Were both Card Nos mentioned in the Settlement Papers?

No. Only 1 card no (of latest card) mentioned in the settlement papers.

Whether at any point of time you were informed with regard to the pending dues for your earlier Card

No. I was not informed. As I settled and got settlement papers I disposed off the card thinking it's all over.

I only came to know they did not update my history with my CIBIL report.

But every time, personal loan representative was telling  'Loan was rejected due to HSBC credit card dues'. I was surprized but I was unaware of 'we can get CIBIL report'.

SURESH GODBOLE (ADVOCATE)     21 November 2011

I feel now Nothing is due at present to be paid

If they have faltered to update their records and for their mistake YOU HAVE TO SUFFER ,  YOU HAVE A RIGHT TO CLAIM DAmages AND  Penalties for giving you Mental Tension and their act becoming a hurdle in your Loan Santion .


How much to claim is up to you

You can apply to them giving evidence with regard to your loan being rejected due to their mistake

claimdamages , for mental tension , and loss for not getting loan sanctioned with penalties

Give them 15 days time , send application thro Registered AD

If they dont come fwd , Go to Consumer Court

How much to claim , consult an Advocate or an agent

Kumar Doab (FIN)     24 November 2011

Did HSBC transferred outstanding amount of card blocked by you to new card and mentioned this amount in their first bill/statement of new card?

If yes, you have a reason to agitate.

Or

On which date you settled the o/s amount of card blocked by you i.e. before the submission of loan application(s) or afterwards?

Do you have any confirmation in writing towards rejection of your loan application(s) stating the reason for rejection?

You are within your rights to obtain the certified copy of your loan application and letter declining your loan application and the concerned bank/lending institution is under obligation to supply these to you without any cost to you.

The email of HSBC is an admission that CIBIL record was not updated.

If you have incurred any expenses e.g. loan application processing charges, any other charge you can claim refund from HSBC (provide copy and retain original). You can also indicate other expenses e.g. phone calls/photocopy bills/photo development charges/notary charges/attestation charges etc in addition to compensation for harassment, mental agony, defamation (declaring you defaulter in the eyes of not one but many banks and lowering your prestige).

Kindly follow the advice of learned Mr. Godbole and consult your lawyer with all records. Raise your demand to HSBC by letter/notice/legal notice before you lodge complaint with a forum.

Kumar Doab (FIN)     25 November 2011

Kindly update the details in forum. While it shall help your cause it shall many others also who visit the forum, and fight the menace/nuisance being littered by CC companies and arm twisting tactics of these companies by misusing CIBIL credit rating even in cae of citizens/customer who are not at fault.


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