Credit card dues (Civil Law)

This query is : Resolved

Author : Srinivasan

PRO CHAT CALL

Posted On 17 August 2009 at 09:44

Sir,

I have several credit cards for last nine years and have been paying monthly minimum dues regularly.Now I find that I have paid more than my credit limits which goes beyond 300% and so wanted to go for settlement with the Banks through my advocate.The advocate also,in turn,send letters to these Banks regarding settlement.

But,the banks through their collection agents says that they will not deal with my advocate and have started calling me up every hours that too on holidays like Sundays.

Now,I want to know whether I am right in approaching a lawyer and also wants to know whether the collection agents are empowered to call me & harass me with their phone calls and visits.

Expert : A V Vishal

PRO CHAT CALL

Posted On 17 August 2009 at 10:07

Send a legal notice through the advocate to the credit card company. The collection agents are mere agency of the bank. There is a code of conduct prescribed by RBI to credit card companies on collection of dues. Since the agents have exceeded their limit you can file a criminal complaint against the collection agency and the bank for harassment and intimidation. Approach the Bank obudsman with your grievance for redressal.

Expert : A.A.JOSE BARODA

PRO CHAT CALL

Posted On 17 August 2009 at 12:03

As has been rightly advised by Mr.Vishal, you may seek redresssal of grievance from the Banking Ombudsman of your area or the RBI or the consumer forum.

Expert : charudureja

PRO CHAT CALL

Posted On 17 August 2009 at 14:45

I agree to both the views

Expert : Y V Vishweshwar Rao

PRO CHAT CALL

Posted On 18 August 2009 at 09:16

I Agree with lrd Friends suggestiosn !
The Agents are not expected to harrass You!

But, the Card dues are to be paid by you , it is better to approach the bank and get it is settled by converting the card Dues as personal Loan/ or/ Mortgage Loan with new Repayment shcedule !

Expert : rupareliya

PRO CHAT CALL

Posted On 18 August 2009 at 21:26

dont go with view of mr.vishweshwar rao just file a complaint against the collection agent

Expert : Adinath@Avinash Patil

PRO CHAT CALL

Posted On 18 August 2009 at 22:36

It is right u issue legal notice to credit card company.

Author : Srinivasan

PRO CHAT CALL

Posted On 19 August 2009 at 20:19

many thanks for those who replied to my enquiry regarding credit cards.

I also wanted to know whether I correct in taking the of a legal adviser to arrive at a settlement with Banks as I have been paying my dues very regularly.I took the help of a lawyer because I find all the banks are charging not only more interest but also they charge additional charges like credit shields and the total charges goes beyond 50% per annum.
So,please clarify whether I am correct in taking legal advise.

Expert : RASIK DAGLI

PRO CHAT CALL

Posted On 21 August 2009 at 22:17

I agree with Mr.Vishal and others . You can certainly represent to bank through an Advocate. The credit card company may not settle the dues and will try to collect the same through Recovery Agents. Better course is to address a legal notice to the Company and a copy to Reserve Bank. If there is no reply or proper reply , you may file Criminal Complaint against Credit Card Company and Recovery Agent.
RASIK DAGLI
Advocate.