Notice from hdfc advocate (Criminal Law)

This query is : Resolved

Author : Aniel

PRO CHAT CALL

Posted On 06 April 2012 at 23:58

Hope someone could help me out here.

I had a long standing credit card payment and couldn't pay it temporarily for a 3 month period. I tried to negotiate with the bank and sort it out but it failed. Then I stopped responding for a while now.

Recently, I received a notice from an advocate representing HDFC asking me to pay the entire amount in 7 days else face a civil suit.

I will be joining a new job in a month so till then its not possible for me to repay the money.

What should I do now? Will this case be taken up in court? If yes, then how likely that I would get some time to payback the money? Also, will this lead any police records against me affecting my employment?

Please advice.

Expert : Sudhir Kumar

PRO CHAT CALL

Posted On 07 April 2012 at 03:46

If you have not paid and if the negotiations hve failed then bank is having only lawful way to file a civil suit and they seem to have got tamed as they are perhaps not employing googns.

Expert : SAINATH DEVALLA

PRO CHAT CALL

Posted On 07 April 2012 at 09:14

Dear Aniel,

If it is a legal notice,respond through your advocate asking for time.You have to reply to a legal notice.Don't give any cheque to them.If you do so you are inviting problems.In your reply ask for sufficient time.Enclose a copy to the local credit cards division and to the zonal cards divn by RPAD.

Expert : Advocate M.Bhadra

PRO CHAT CALL

Posted On 07 April 2012 at 10:12

Despite your approach Bank did not settle the matter, it is seems that they are trying to pressure on you by sending lawyer's notice. Generally Bank do not prefer to file a suit to realise the amount for credit card matter as because it is lengthy process.In this situation you can file a suit for Declaration and Injunction in Civil Court for question of interest,difference of accounts statement and breach of terms etc.

Expert : V R SHROFF

PRO CHAT CALL

Posted On 07 April 2012 at 12:25

Follow Shri Minansu's advise. Do not worry. Reply Legal notice showing Fact of your Job, and request few months time to pay your dues.

Expert : Shonee Kapoor

PRO CHAT CALL

Posted On 07 April 2012 at 17:46

Agree with experts,

but this would spoil your credit ratings.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Expert : SAINATH DEVALLA

PRO CHAT CALL

Posted On 08 April 2012 at 10:22

Dear Aneil,
Immediately send a legal reply.Otherwise they will keep on harassing you.I know their modusoperendi.Ask your advocate to despatch a copy to your local police station regarding the harrasment.These things happen for credit cards only and it is not so severe for personal loans.Act immediately.

Expert : PARTHA P BORBORA

PRO CHAT CALL

Posted On 08 April 2012 at 15:17

sending a pleaders notice does not amount to harassment. You cannot file a case in a PS for that. You should reply the pleaders notice in black nd white and ask for some more time. In my opinion you should pay the amount as soon as possible.