LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anilkumar   18 December 2017

Credit card payment default

In 2010 my credit card was blocked by the Bank for nonpayment of outstanding. It was after business closure following heavy losses and when I defaulted on monthly credit card payment. The total outstanding was in the range of Rs 7 laks. Following the business closure I was not in any position to pay the outstanding. I remember giving cheque for a certain monthly due amount of about Rs 20,000 . However I’m not quite sure if the cheque was honoured, dishonored or not presented by the Bank. This must have been in the month of September 2010. In January 2011 , I left the town where I was in business and migrated to a different part of the country. I understand that the Bank agents were at my former place of business for collection. They seem to have also gone to my spouse’s office making enquiries, however they were not entertained by them. This must have happened a few times in the past 7 years. However two weeks back, I got a call on my mobile from a caller who introduced himself the Bank employee and raised the outstanding amount on the card. I told him I will respond when I get any legal notification. Following which I got a call from the legal cell of the bank. I did not accept that call or the few other calls I have been getting from the Bank /employees/agents since. I get almost two calls a day from the numbers that can be identified with the ank andalso from private numbers. I’m not in any position to repay the card outstanding amount. Can I get the safety of the Statute of limitation in this case. There has been no acknowledgement of debt from my side. However I do not have any information as to the status of the cheque I gave the Bank in 2010. No legal notice for cheque return have reached me and I have no recourse to check if the caheque was presented at all. Please advise on both points .

AK

 



Learning

 11 Replies

Kumar Doab (FIN)     18 December 2017

The cheque was dated or undated?

Kumar Doab (FIN)     18 December 2017

The aggreived who is from harassment may record all calls and so may be done by all being called. Is any such record available? If the CC holder can pay the debt then he/she may pay. If the interest/debt is due to the fault of CC company then it may be contetsed on merits. What exatctly is the intent; to refuse  citing bar by limitation?

 

Kumar Doab (FIN)     18 December 2017

The admission of debt, part/payment can reset the clock for limitation. Apparently the debt has been sold to some ARC/recovery agency and it is acting to extract acceptance/acknowledgment/settlement. The recovery agents list with phone numbers is kept on CC Company’s website. Accepting statement of a/c, seeking clarifications etc may also help to prove the claim of lender/creditor. So if the lender/creditor approaches court, court may accept counter on limitation on facts.

 

Kumar Doab (FIN)     18 December 2017

GO thru year wise RBI; Master Circular on Credit Card Operations of Banks e.g;   https://www.rbi.org.in/scripttts/BS_ViewMasCirculardetails.aspx?id=9838 https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=7338

 

Kumar Doab (FIN)     18 December 2017

Similar query has been discussed in many threads that you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of this web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….   You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… And download even citations, judgments, procedures etc etc ………   Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record in handling such matters thru courts of law and with concerned authorities.   There are many threads and publications at LCI also narrating unsuspecting querists from Republic of India, having been allured and fleeced by posers, impostors that advertise the photo of a very old/sick persons posing as some Chief Lawyer (while actually LIAR) and flaunting unknown Firms as LAW Firms (while actually LIAR’s Firms)…………………..and having multiple fake ID’s to post Salutes from one fake ID to another fake ID…………………and falling for even Rs.50/- ( Pachaas Rupalli)………………. Such posers and impostors might be having their roots, origins, asal, asla and/or rooted in Tribal Bad Lands of Pakistan and may even approach your employer and share your details for few rupees.     Online portals are not substitute for in person discussions with very able senior LOCAL counsel as explained above and are for mere getting details and directions, and guidance and for FREE. As the cause at LCI is social service and Noble cause. You are not to pay any monies for it to any IT.

 

Kumar Doab (FIN)     18 December 2017

There are many threads on  Harassment by recovery agents at LCI that you can search in SEARCH option and download specific guidelines, notifications, judgments…………contact details of RBI officials etc etc

https://www.lawyersclubindia.com/forum/Credit-card-robbery-amp-fraud-in-china-

94830.asp#.Viimvm5-jMo

 

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

 

Anilkumar   19 December 2017

If I remember correctly the cheque was dated.

Kumar Doab (FIN)     19 December 2017

The points by vague memory may not help much.

Generically speaking: If dated cheque was not banked it might have become stale.

 

Anilkumar   20 December 2017

I understand your point , Sir.  But could you please give me where I stand with regard to the statute of limitaion and should I respond to these phone calls or ignore them. 

Kumar Doab (FIN)     20 December 2017

Ask all relatives, friends to record all calls and their abuse and  ask the caller his/her name (1st+middle+last), phone number from which call is being made,

, name of his agency with address and pin code, email id, phone/fax number with STD code, name of his employer and his contact details as above, name of CC company’s Manager and his contact details as above and who has given the relatives name and phone number to agent…………. And not to call again and rather write by letter thru Redg. Post thru MD of the CC company.

Write t MD of the CC company and attach call recording with copy to advocate and police and Governor RBI and concerned CGM…..and ask for details as above and to take action with a copy to them.

The CC company, RBI may cancel the agency and penalize.

The addresses are available in links provided to you.

The limitation as already posted is to be decided by court in court on facts and merits. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register