Credit card payment
priya
(Querist) 21 May 2014
This query is : Resolved
Hi,
My father is 64 years old and he has lost his job and staying with me. I am his only daughter and i am doing MBA. I am married and i have a kid. My husband is the only bread winner now. My father has credit card due around 6.80lac (that's what the collection agent told me. even for a single penny he is depending on us now. Already we have paid close to 5lac of his outside debts
.(not the bank debt), Now we dont have anything to pay to icici bank and the bank's collection agents are continuously harassing my mother and my father and using abusive language over the phone. We dont have record option in our phone to record their calls. Now the agents are coming home and harassing us. We really dont have money to pay for settlement. I dont know what to do now. It has already caused lot of problems in my married life. i dont know how to make them understand that we dont have money. please advice how to handle this situation. I'll really be grateful to you all.
Sankaranarayanan
(Expert) 21 May 2014
Your father used the banker money for your personal purposes. so he is legally liable to pay the due .You file a complaint against the agent to the police station, Talk to the banker the situation and explain .But your father need to pay some amount at any cost.
Dr J C Vashista
(Expert) 22 May 2014
I agree with experts, bank ghoons are required to be taught a lesson by filing police report/ FIR against them.
Get your father's account settled with ICICI Bank, examine the terms & conditions/ contents of loan agreement. However, you cannot be held liable for the unsecured loan taken by your father, if it is personal and without any colletral security or mortgage.
Guest
(Expert) 22 May 2014
Approach the Lok Adalat for Settlement .You could plead for One Time Settlement or Settlement in Installmants.Do Not Issue any Cheques for Temperaory Reliefs.Or your Father could file IP and stay alone for some time.Agents can not harass you for any reason.Consult a Local Lawyer.
Rajendra K Goyal
(Expert) 22 May 2014
Bank recovery agents can not use abusive language, you have to be firm and try to record the conversation and lodge police complaint.
Devajyoti Barman
(Expert) 22 May 2014
1. If your father has borrowed money then he has no option but to pay.
His or your income constraint is no excuse.
2. Though against the harassment of recovery agents you can lodge complaint with Police but do remember you father has no option but to repay the loan, in default of which the Bank can initiate both civil and criminal proceeding against your father.
Rajeev Kumar
(Expert) 22 May 2014
Agree with experts notions .
ajay sethi
(Expert) 22 May 2014
when was last payment made? if 3 years have passed claim of bank would be barred by limitation . file police complaint against agents who are harassing your family
Kumar Doab
(Expert) 22 May 2014
The conduct of bank, bankers that have not made any effort to mend its recovery agents is perturbing.
Hence this post.
First of all approach your lawyer ASAP.
Record all calls.
Recovery can not be by phone calls.
The CC company has to supply letter before sending any agent(demand by redg. post only). The agent has to carry the copy of the letter.
The CC company/Bank has to maintain the list of its recovery agencies on its website.
If the debt is time barred recovery can't b enforced.
Don't make any interim payment or it shall become acknowledgment of the debt.
The Manager of the CC company to whom recover agency reports, MD of the agency,bank shall become a party.
There are many threads and you can download judgments to:
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU
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
Biswanath Roy
(Expert) 22 May 2014
As your father is a pauper and solely depending upon you so your father can file insolvency petition before the civil court for a declaration of insolvency. Secondly your father can lodge F.I.R. AGAINST THE COLLECTION AGENT OF THE BANK if they resort to excesses your father can obtain an order u/s.144 Cr.PC. Thirdly, your father through his Advocate can intimate his Banker that he has filed insolvency petition which is awaiting for a declaration.
T. Kalaiselvan, Advocate
(Expert) 22 May 2014
I agree with the views of senior expert Mr.Roy sir. Insolvency petition at this stage will be a very early decision, first the subject of agents harassing your parents to be dealt with, which can be solved by lodging a complaint with the local police station as properly advised by experts above. As this is an unsecured loan, you can verify if it is barred by limitation and then approach the bank to negotiate on the terms for repayment and a request to waive the interest to certain extent, which with his discretionary power, can manage to a certain extent. Thus exhaust the remedies available with the bank and after that, i no solution is feasible, you may ask your father to file an Insolvency petition before the court.
BAALASUBRAMANNYAMM
(Expert) 23 May 2014
First, try to amicable settlement with bank, explain the present position of your father and requesting them to consider. Failing which, approach a court for appropriate relief, is the secondary one.
Sudhir Kumar, Advocate
(Expert) 23 May 2014
I disagree with latest views of Mr Baala Subrahmanayam.
Amicable settlement ow would mean to revive the limitation which bank has lost.
do not re-acknoelege debt. They have no option butto trap you in negotiation and get revival of limitation.
When Bank has lost right to go to court then why should you go to court particularly when you are defulter. Once you go to court acknowleding your debt then court cannot ask you not to pay rather they may direct you to pay.
BAALASUBRAMANNYAMM
(Expert) 23 May 2014
Sudhir Sir,
My opinion in respect of approaching a court means " to file a I.P ( Insolvency Petition) not other than that. Kindly understand.
Advocate Rajkumarlaxman
(Expert) 21 May 2014
