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Credit card and cibil defaulter

(Querist) 24 November 2011 This query is : Resolved 
I am looking for your help regarding an issue with HSBC bank on CC payments.

In Nov 2007, my cc dues were around 8000/- when HSBC password generator device (for online accounts) stopped functioning and hence i was unable to login and access my account, therefore, i was not in a condition to pay the amount. I intimated HSBC time to time that i am not getting account statements and every time they answered that duplicate statement will be delivered in 24-48 hours but i never got them. Finally in Feb 2008, i got the statement reflecting amount due as 16000 including interest and late payment charges. I asked bank to send the statement by removing late payment charges and interest as the fault was at banks part. Again they did not listened. i contacted their nodal officer and he offered settlement of Rs 9000/- towards my account in Oct 2008. That time i was not that much clear about settlement. I accepted their settlement letter and paid the amount via ICICI bank cheque which got cleared on 14 Oct 2008. After this, I got the CC statement reflecting 0 dues from HSBC bank in Dec 2008. Now last year in 2010, i applied for a home loan and my bank refused by saying that my name appears in CIBIL list with Post write off settled status. They provided a control number with details:

AccountNum: 4476929995751432
Reported By: HSBC
Account Type: CREDITCARD
Ownership: INDIVIDUAL
Date Reported: 28-02-2009
Open Date: 03-07-2006
Last Payment: 26-11-2007
Closed Date: 08-03-2008
High Credit: 23,179
Current Balance: 0
Amount Overdue:0
Account Status: Written Off

Can you please suggest what i need to do in order to get my name removed from CIBIL? Can i move to consumer court since i am having settlement letter, card statement as on 30 Dec 2008 reflecting 0 dues and all the email chains.
ajay sethi (Expert) 24 November 2011
you have to write to HSBC to request them to remove your name from defaulter list .

enclose copy of settlement letter , staement received from HSBC .

in the vent that HSBC refuses to do so then you can issue legal notice and then move consumer forum
Amit (Querist) 24 November 2011
Thanks Ajay for the quick response. I have mailed and requested to the HSBC bank and have sent the statement and settlement letter. This is what HSBC says on non delivery of CC statements to the customer:-

We confirm that dispatch of statements is given core importance by the
Bank, to ensure that the customers receive their statements on time.

Here, we draw your attention to the Credit Card Services Guide, shared
with you at the time of issuing the credit card, which explicitly
states:

?Non-receipt of statement would not affect the cardholder's obligations
and liabilities.?

It is pertinent to note that in addition to the regular paper based
statements, we also offer alternate channels such as Phone Banking,
Interactive Voice Response System, Internet Banking, ATMs through which
details of card outstanding dues can be obtained.

However, we confirm that since the card account 4476 xxxx xxxx 1432 was
settled, status of the same has already been updated as 'Post Write Off
Settled' in CIBIL (The Credit Information Bureau India Limited) with
current balance as INR 0.00. You can retrieve your latest CIBIL report
for confirmation of the same.

Hence, with regard to No Due Letter, we request you to revert with your
contact number for us to verify your account before issuing the same.
Shonee Kapoor (Expert) 24 November 2011
HSBC is right.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Guest (Expert) 24 November 2011
Dear Amit,

About solution to your problem please visit the following CIBIL link, as If any information on your CIR is inaccurate or needs to be updated, CIBIL can assist you in rectifying / updating your CIR:

http://www.cibil.com/consumer-dispute-resolution

Naturally HSBC wopuld not have taken any initiative to rectify their report about your payment, which has taken place after the date of report. So, you need to do that yourself.
Sankaranarayanan (Expert) 24 November 2011
If any amount settle under the consideration then it automatically gone to CIBIL , Now you write full details with all records and evidence to the particular bank and CIBIL
Amit (Querist) 24 November 2011
Thanks Mr Dhingra and Mr Narayanan

As i have mentioned the whole case in my first post and now the account is in "POST WRITE OFF SETTLE" status with CIBIL.

HSBC has provided me with settlement letter and Statement with 0 dues. Also, HSBC will give the No dues certificate.

My question is: Can i get the home loan on ready to move in property? and How CIBIL will remove my name from their records?

Thanks
prabhakar singh (Expert) 24 November 2011
You should request HSBC to get your record
with CIBIL updated accordingly.
prabhakar singh (Expert) 24 November 2011
you can write CIBIL directly also or by access provided on their site for updating your records.
Guest (Expert) 24 November 2011
Your loan depends only on affording necessary correction to the CIBIL record.
Rajeev Kumar (Expert) 24 November 2011
Agree with experts
Rajeev Kumar (Expert) 24 November 2011
Agree with experts
Amit (Querist) 24 November 2011
I requested HSBC for the correction in CIBIL records and this is what they are saying now:

We would like to inform you that as per our records your credit card is
already updated in CIBIL (The Credit Information Bureau India Limited)
records appropriately inCIBIL (The Credit Information Bureau India
Limited) records as " Post Write off Settled" with NIl balance.

Please note that since you had availed a settlement post invalidation of
the card the status of the card will reflect as "Post Write off Settled"
as per the RBI Guidelines.

With reference to the updation of your information in Credit Information
Bureau (India) Limited (henceforth referred to as CIBIL), we confirm
that it is a repository of information, which contains the credit
history of commercial and consumer borrowers irrespective of their
account standing with the CIBIL Members. CIBIL provides this information
to its Members in the form of Credit Information Reports (CIR).

As per guidelines, banks are required to share positive and negative
data of their customer's repayment behavior with CIBIL on a monthly
basis

CIBIL does not classify any accounts as default accounts. It merely
reflects this information after the Member has classified it as such.
The Number of Days Past Due and or Asset Classification as per RBI
definition as submitted by Members is reflected in the CIR.
prabhakar singh (Expert) 24 November 2011
To me they have stated correctly.
Amit (Querist) 24 November 2011
So what will be the solution...
Guest (Expert) 24 November 2011
According to me, if the information supplied by you still exists, the information has not been updated by the HSBC, as in October 2008, as the information shows closed date as 08.03.2008 and not October 2008. The information also shows the amount as "Written Off" instead of paid, as you have stated. So, better approach the CIBIL help centre.
Devajyoti Barman (Expert) 24 November 2011
Yes rightly advised.
Raj Kumar Makkad (Expert) 24 November 2011
I completely agree with Dhingra G.
Raj Kumar Makkad (Expert) 24 November 2011
Otherwise it remains the desire of Prabhakar Singh to have final reply from his Senior Dhingra G and for this purpose, he even requests querist ti discard all other experts.
prabhakar singh (Expert) 24 November 2011
It has been deliberate to expose collusion formed for no good reason.
Amit (Querist) 25 November 2011
Thanks for your help :)

I got the updated status from CIBIL it is Post write off settle and closed

Now What i need to do in order to get the home loan?

Should i pay the remaining amount to HSBC or there is other way around?
Raj Kumar Makkad (Expert) 25 November 2011
collusion exists between those persons who remain flattering each other all time instead o directly replying to queries and who always remain distributing certificates to some selected experts.
Devajyoti Barman (Expert) 26 November 2011
Please no more chit chat...


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