Nick 15 December 2017
Kumar Doab (FIN) 15 December 2017
The aggreived who is from harassment may record all calls and so may be done by all being called.
Is any such record available?
If the CC holder can pay the debt then he/she may pay.
If the interest/debt is due to the fault of CC company then it may be contetsed on merits.
What exatctly is the intent; to refuse citing bar by limitation?
Nick 15 December 2017
Kumar Doab (FIN) 15 December 2017
The admission of debt, part/payment can reset the clock for limitation.
Apparently the debt has been sold to some ARC/recovery agency and it is acting to extract acceptance/acknowledgment/settlement.
The recovery agents list with phone numbers is kept on CC Company’s website.
Accepting statement of a/c, seeking clarifications etc may also help to prove the claim of lender/creditor.
So if the lender/creditor approaches court, court may accept countr on limitation on facts.
Kumar Doab (FIN) 15 December 2017
GO thru year wise RBI; Master Circular on Credit Card Operations of Banks
e.g;
https://www.rbi.org.in/scriptts/BS_ViewMasCirculardetails.aspx?id=9838
https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.aspx?id=7338
Kumar Doab (FIN) 15 December 2017
Similar query has been discussed in many threads that you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of this web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….
You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… And download even citations, judgments, procedures etc etc ………
Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record in handling such matters thru courts of law and with concerned authorities.
There are many threads and publications at LCI also narrating unsuspecting querists from Republic of India, having been allured and fleeced by posers, impostors that advertise the photo of a very old/sick persons posing as some Chief Lawyer (while actually LIAR) and flaunting unknown Firms as LAW Firms (while actually LIAR’s Firms)…………………..and having multiple fake ID’s to post Salutes from one fake ID to another fake ID…………………and falling for even Rs.50/- ( Pachaas Rupalli)………………. Such posers and impostors might be having their roots, origins, asal, asla and/or rooted in Tribal Bad Lands of Pakistan and may even approach your employer and share your details for few rupees.
Online portals are not substitute for in person discussions with very able senior LOCAL counsel as explained above and are for mere getting details and directions, and guidance and for FREE. As the cause at LCI is social service and Noble cause. You are not to pay any monies for it to any IT.
Kumar Doab (FIN) 15 December 2017
There are many threads on Harassment by recovery agents at LCI that you can search in SEARCH option and download specific guidelines, notifications, judgments…………contact details of RBI officials etc etc
https://www.lawyersclubindia.com/forum/Credit-card-robbery-amp-fraud-in-china-94830.asp#.Viimvm5-jMo
Kumar Doab (FIN) 15 December 2017
Per facts of your matter you can pick up the relevant points e.g;
from
https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA
https://www.lawyersclubindia.com/forum/Writ-petition-reserve-bank-of-india-76323.asp#.UTl5yErxHvo
https://www.lawyersclubindia.com/forum/Bank-s-liability-for-phishing-fraud-67455.asp#.UH1uBO-bcwc
https://www.qadit.com/blog/?p=1153
https://www.consumercourt.in/net-banking/44056-phishing-cases-time-act.html
Nick 16 December 2017
Kumar Doab (FIN) 16 December 2017
There is no Bar on debtor to contact the lender.
The contact details of the lender/bank are available on website of the bank and CC holder can approach the bank even if he/she is in any corner of the world.
If the CC holder has not made any payment for 4 consecutive years the limitation can set in.
If the CC holder has not acknowledged/accepted the debt in last 4 consecutive years the limitation may set in.
Kumar Doab (FIN) 16 December 2017
If the banking regulations permit to sell the bad debt to ARC/Recovery agencies then there is NO defect in such act by lender/Bank.
If matter lands up in court of law then court of law hears to both sides.
The lender/agent shall certainly try to defeat the contentions on Limitation. IT may also endeavor to force settlement effort by debtor. That is what they are doing.
Court may agree to offer of settlement.
Kumar Doab (FIN) 16 December 2017
The debtor can very well ask the lender to approach court and prove IT’s claim.
The debtor can challenge the harassment meted out by harassing relatives, friends!
The relatives, friends can agitate in writing by writing under proper acknowledgment to MD/CEO of the bank, police, their own layers and press damages…..
The debtor can defeat the claim of lender by Limitation.
The debtor is at liberty to pursue any and all recourse that is deemed suitable.
The lender/agent can act in accordance with provisions of law and must not resort to harassment, coercion, intimidation, illegalities.
Objection to harassment by lender/agents may not necessarily amount to admission of debt.
Kumar Doab (FIN) 16 December 2017
Various links have already been shared with you.
The lender/agents apply tactical approach as you must have understood by now.
As per your post it is interest part that has been fattening all these years.
Remember settlement is adverse entry.
So if debor want to exit without any adverse effect then lender is to be proved deliquent/deficient and order from court of law may alone fetch proper relief..............as lender may not agree and admit and deficiency.
Your own very able Senior LOCAL counsel/Lawyer/Law Firm of unshakable repute and integrity specializing in such/banking/consumer matters and having successful track record in Courts of Law, that has examined all docs on record/inputs/facts, can help and advise you on how to act now and later in court of law……………….if the matter lands up in court of law.