Credit card - defaulter - time limitations
Prabhakaran
(Querist) 07 January 2014
This query is : Resolved
Sirs,
At present I am residing in Malaysia but I am a NRI. When I was in India in 2005 I got a call from an advocate saying he is talking in behalf of ABN Amro Bank and I did not pay my credit card dues from 2003 which was taken from ABN Amro. I informed that I had not taken any credit card from any bank I got continuous calls for 2-3 months after which it stopped.
In 2006 I came here to Malaysia and started by business after which there was no communication regarding this Credit Card Due. Recently in November 2013 I am getting calls in my Malaysian Number stating that ABN Amro Bank is taken over by Kotak Mahendra and there is an outstanding payment in my credit card from 2003.
I am really frustrated due to this daily phone calls.
1. I had not taken any credit card in my life from ABN Amro Bank.
2. Even if some one had used my identity and taken the credit card is there any time limit for claiming that money back ?
As they say its outstanding from 2003
Kindly help
Devajyoti Barman
(Expert) 07 January 2014
If you are not defaulter then why are getting bothered?
Against phone calls since you are in abroad you can not start case but either change the number or stop picking up their call.
Kumar Doab
(Expert) 07 January 2014
Pls take up the matter with your Advocate as ap and if your lawyer agrees:
---You may deny vehemently that any CC by the said bank was ever issued to you, as you had never sought any CC from the bank, and you have already informed it to all callers who have made calls from the phone numbers.................................(provide list with date and time) and if the callers are not prohibited at once to stop harassing you and also if the bank does not delete your name from its records in writing with a copy to you by redg. post only in writing then you shall be constrained to initiate criminal proceedings against MD of the bank.............................
---You may demand the certified copy of all communications that bank has sent to all recovery agencies, collection agencies, Credit Bureaus including but not limited to
CIBIL.....................and to supply the certified of your credit report too and affirm to deposit Rs.50/ as per RBI directions on getting written confirmation from the bank.............
---You may also add that since the outstanding on the said CC is hopelessly time barred the bank instead of punishing its own staff that might have been part of the forgery is indulging in criminal act to extort the monies to you.
----For address of communication you may prefer that bank shall write to your lawyer only...............that too by redg. post only under original seal and signature by and of the MD of the bank..........
It shall be better if your lawyer issues this communication and if the need be demand certified copy (under original seal and signature by hand of the MD of the bank) of Banks’ intent to issue CC to you, CC issuance form signed by you along with KYC docs collected from you, CCTV footage of yours signing the CC issuance form in the bank, name and designation of the Bank’s personnel that have done OSV, the physical verification of your address, POD of card delivery , confirmation issued by you for having received the CC, Charge slips signed by you, CCTV footage of yours purchasing ad signing at vendor, POD of having delivered bills, notices etc......................................................copies of employment record showing current and native address along with I.Card issued y the bank (bank’s officials that have passed your CC issuance form) so that if the need be a notice for forgery and FIR be issued to them.............................etc
This bank is known to sell the debt to ARC’s and they shall continue to chase you........................
You may mark a copy and then escalate to Dy. Governor, Goveror of RBI:
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
THE DETAILED DUTIES OF DNBS CAN BE SEEN AT:
( DNBS: Dept. of Non banking Services)
Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.
022-22660868
governor@rbi.org.in
You find many other threads on CC as relevant e.g;
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA
http://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA
http://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA
You may proceed as deemed fit at your end.
Guest
(Expert) 07 January 2014
Do as advised above.
Prabhakaran
(Querist) 08 January 2014
Thank you for your comments and suggestions. I am not sure what you mean by repeated query as this is the first time I am posting this query.
If you had come across any query as above. Kindly give me the link so that I can also refer it.
@Mr. Barman - I dont think its good to avoid taking the calls when I get it frequently or changing the number - Why should I be afraid as hiding and avoiding is not a solution.
@Mr. Kumar Doab - Thank you for your useful guidance. But instead of doing all this complicated things to make them prove that it is me who took the card.
1. Is it possible I can attend the call and tell them It is not me who took the card but if they keep on calling then can I tell that under Statute of Limitations you cannot claim the money from me or any one as its more than 5 years. So that they will not trouble me as they will feel I am clear in the time bar legality.
Kindly advice.
Kumar Doab
(Expert) 08 January 2014
It is entirely your prerogative to handle the matter in any manner deemed fit by you.
You have not recorded the calls.
>> YOU HAVE COMMENTED TO MR. BARMAN THAT “Why should I be afraid as hiding and avoiding is not a solution.”
At the same time you are contemplating to claim the debt as ‘Time Barred’...................!!!!!
Both the approaches are two different treatment of debt.................
Since you are not recognizing the debt you should not hide and come out in the front and scream at the top of your voice that you are not a borrower and under debt......................!!!!!!!!
You should not shy to write scathing comments.
>> RBI has already issued guidelines on ’Unsolicited Cards’...................You may go thru it and ‘Master Circular on Credit Card Operations’
>> If you are being called for the debt that is not taken by you in that case the caller is a Fake Debt Collector.
Did you ever ask the caller to give his name, designation, name of his company, address, phone number, registration number....................................email id, website, name of original creditor that has sold the debt to it and also did you ever ask to supply you the requisite notice validating the debt???????
You may check the Malaysian law on it, and contact the Attorney General’s office..............or any other office by any other name that is concerned authority for such matters........................
Eve in cases where the Fake Debt Collectors are calling..................................the individual being harassed should write to the ( in addition to police, regulator, lawyer) Original Creditor i.e. M/s AMN AMRO Bank as in your case and along with it M/s Kotak Mahindra Bank that has bought the unpaid debt shown in your name from M/s AMN AMRO Bank..................................disputing the debt..........................and ask them specifically have they authorized the callers.............................
Real debt collectors should stop calling you the moment you ask them to do so.
Your phone is your personal property and only the one that has been permitted can enter your property.
>> You are not aware ‘What reports have been submitted by the Advocate that called you in 2003 and all other callers that have been calling you?’
You are not aware the clock has been reset or not?
You are not aware the negative information on you shall remain for 7 years from which date?
It is felt that debt collector may not necessarily be original creditor ( M/s AMN AMRO Bank) and it can be the collection/recovery agencies, advocates, companies/ARC’s that buy unpaid debts and try to collect these.
In your case all such entities have been calling you.
IT IS NOT KNOWN TO US THAT IN INDIA THE COLLECTORS ARE ALLOWED OR NOT................................ TO CALL THE BORROWER FOR TIME BARRED DEBTS OR NOT?
THE LEARNED EXPERTS ARE REQUESTED TO CLARIFY AND POINT OUT RELEVANT RULES PERTAINING TO THIS..........................
In foreign countries including Malaysia probably they are....................................hence the collectors are calling you.
You can ask the persons/entities calling you if the debt is time barred.................................and it is up to the calling person to speak the truth or not............................... to you. However he should speak the truth.
You can also ask the collector about the last date of payment and admission and acceptance of debt as in record...................................it is up to the collector to speak the truth....................................however as per law of the land in Malaysia the collector might be required to speak the truth and concealment may invite the punishment/penalty.
This would be essential to find if the clock has been reset or not...................................................!!!!
Even in such cases the borrower needs to dispute the debt and should issue and supply the notice within say.....................................30 days and must highlight that he wants to verify the debt and details.
The collectors must supply the details and verification to borrower and must stop calling till they supply it.
Although the borrower may succeed in getting the debt as time barred but still the borrower owes the amounts...................................................!!!!
If the borrower demands the collectors may stop calling however the credit rating shall lower and in future the borrowing may be harder and at the same time..................................................the credit report showing the delinquency shall remain visible to one and all...........................................
Assuming that the collector initiates to sue the borrower the borrower shall have to defend and in such a case the verification (as mentioned above) supplied by the collector shall help in court........................
Do you want it to happen with you?????????????????
If you have not ever asked for this CC then why should you shy to contest it?
The amounts are standing as ‘Debt’ in your name in the books of Original Creditor i.e. M/s AMN AMRO Bank and it has changed hands and now the collector that has bought the unpaid debt shall not spare you till the last breath...............................
>> YOU HAVE COMMENTED TO MR. BARMAN THAT “Why should I be afraid as hiding and avoiding is not a solution.”
IN FACT THAT IS PRECISELY YOU SHOULD DO.............................. Dispute the debt and not contesting that the debt is time barred.
Sufficient has been discussed.
CHOICE IS YOURS.............................and FINALLY REST IS UP TO YOU.
YOU MAY PROCEED AS DEEMED FIT: At your end.....................
T. Kalaiselvan, Advocate
(Expert) 12 January 2014
I think the experts have given good piece of advices, it is your decision to proceed.
Sudhir Kumar, Advocate
(Expert) 15 August 2014
how you make anyone believe that you did not take the card?
It is your phone no.
it is your ID.
come with detailed facts.
T. Kalaiselvan, Advocate
(Expert) 15 August 2014
Sudhir Sir, you are responding to the query after 7 months (?), but you have got some points to be answered by the author.
