Learned Mr. Shroff has given valuable advice. Kindly follow it.
The amount has already been written off, then why you would want to pay?
The tactics applied is similar as in case of almost all the companies in CC business.
Due to written off status some lender might have declined loan and these companies know that the customer/citizen shall inquire on his own which member of the CIBIL has written off the amount and shall approach the same member and then the game shall start again.
Who has updated the status as written off and who shall update the status again after you pay the amount which has already been written off?
To whom you have to pay the amount?
How much amount has been asked to be paid by you?
You may look into the CC issuance form signed by you and does it contain any clause that CC company can sell/assign you’re a/c to JM Financial?
Has HSBC issued any communication to you till date, stating that you’re a/c has been sold/assigned to JM Financial and you should contact with it?
You should demand certified copy all of your statements, copy of CC issuance form, terms and conditions applied to you’re a/c and accepted by you { in almost all the cases no such terms/condition is either supplied or accepted by customer in writing}, forwared by it to any of its office and agency for collection.
Did you ever rake up any issue with HSBC on deficiency in service, discrepancy in a/c due to which you blocked the payment? If yes you may agree to pay the principle amount without any interest, late payment charges etc.
Kindly note that in case you go for settlement the amount of which may be lower than amount being claimed from you by JM, still the status updated may be settlement/written off and settlement/written off is repelling to majority of the lenders.
If company has been deficient you may demand that CC company should at once beg apology in writing and withdraw the status as “written off” from CIBIL record and clean your credit history and supply you a copy of CIBIL report with name of CC Company {which is a member of CIBIL} clearly mentioned in report and affirm in writing that this settlement shall have no adverse bearing on your credibility and loan taking ability in future at their cost and consequences. If you decide to pay obtain proper NOC by hard copy followed by soft copy from both bank and agency if involved by bank and if acceptable to you.
As per RBI guidelines CC Company has to supply CIBIL report to CC holder against a nominal charge.
It shall be better to transact by letter. You can agitate at your location, and it shall be better to agitate to local BM of HSBC and route thru him, by proper communication in writing under proper acknowledgment. It may take some time but you should be able to achieve a solution acceptable and suitable to you.
If situation demands you can approach DCDRF, etc. If you face difficulty approach a competent and experienced lawyer and let your lawyer handle it.
You may find the attachments useful.
