lamvaiphei (PA) 30 November 2011

Credit defaulter

I have unsecured Credit card payment outstanding which i want to settle as per the discussions with the Third party official representatives. But they are not ready to settle it for 10,000... and my total usage of that card is 17000.. Now the third party sending legal demand notice at my relatives place which was just mentioned as one of references (not as guarantor) - how can take action against the third party for defamation / injunction against such notices being sent to my relatives who have no legal connection with my outstanding loan

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3 Replies

Kumar Doab (FIN) 30 November 2011

Do you have the copy of form submitted by you for the issue of CC in which you have mentioned the name of your relative as reference, and MITC, card member’s agreement? While MITC, card member’s agreement shall also be available on company's website, the application form shall have to be made available by company.

Is the notice addressed to your relative and demand is raised from your relative?

Do you the record of phone calls made by you and received by you with phone number, date time etc?

While you are under obligation to clear your dues CC company is also bound some rules/laws.

lamvaiphei (PA) 02 December 2011

my gurdians calls me and says they threaten us by saying that he i.e.(me) will be in prison if you dont give money.... or we have file a police complain against him. and that he cannot run...

I am not even runing anywhere , infact i called them and told them if you bother my gurdians again i will not tolerate and will file a law suit but they still send letters and stuff....they are not agreeying to take 10000 and i cannot even give more than that...

when i called them they told me that they will send police to my relatives house .... and they said we will kkep calling them.... and send letters... i got angry and said "do what you like , i will not even pay a single money"... and hunged up the call....

Kumar Doab (FIN) 02 December 2011

You should proceed systematically and:

-obtain all documents.

-record phone calls.

Your guardians may the matter to police commissioner /SHO and ask the police to restrict CC Company thru local BM of the company/bank, and demand the complete location/address of the telephone number(s) from which the calls are received. If your guardians are senior citizens, this may be mentioned. You can also lodge the complaint. This complaint shall be useful for you hence retain the copy and registration number of the complaint.

CC Company is under obligation to inform you in writing if your details are forwarded to any third party for collection/recovery along with address/phone number/address and you are within your rights to get it.

You can catch hold of the local BM, collection or credit officer of CC company/bank and make them a party. You should opt for settlement, and they can initiate the process. You may record the minutes of discussion by letter and obtain acknowledgment.

You can demand CC Company should beg apology in writing for their bad conduct.