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Aditya Raaj (Trainer)     09 November 2012

Credit card debt .. years old

I recently started getting calls for a credit card outstanding amt of abt Rs 85000/-. This was a corporate card used to hold from Jun 2008 to July 2009 & manily used for business trips abroad through my then employer. The Credit Card Bank's (Amex) collection agency contacted me a week ago. As per thier records my payment for Nov 2009 statement is outstanding. I was really shocked to know this as I did not reveive any letters or calls till now. I have contacted the back with which my salary acc was, who asked for a couple of weeks to a month's time as they need to fish in the statements from the archives & also informed me that I might not get the data. Please advise me on this situation ...

Few questions

1. I learned that the law states that such debts need to be recovered with in 3 years of transaction. Is it correct?

2. As a customer do i have a right to negociate & pay only the original outstanding amt (abt Rs 68500/-) as back delayed?

3. I am pretty certain abt payment done. What if I am not able get he statement from the bank, do i have a right to challenge the credit card bank & what chance do I stand ?

4. My credit ratings must be bad with SEBIL as this outstandin payment must be reflecting & I was not even aware. Can I lodge a complant with SEBIL?

Please help & advise



Learning

 3 Replies

Prasun Chandra Das (Banker)     10 November 2012

As far as I know, the very nature of corporate credit cards is that the corporate (your previous employer) will settle the dues of the card. I think the dues upto the date when you left the employer were cleared, otherwise your employer would have not relieved you. I also think that the bank/collection agency needs to recover dues (if any) from your previous employer and not from you.

If I were in your position, I would have asked the collection agency/card issuing bank to substantiate their demand in writing, alongwith attested copy of credit card statements. Then I would consult a lawyer on the issue. As for your Q#1, this comes under law of limitation - I am not sure as to the no.of years before which the suit needs to be filed. Regarding CIBIL, you can request for your credit rating from CIBIL (see www.cibil.com).

Kumar Doab (FIN)     29 November 2012

Mr. Gupta is right.

You may not pay anything till the bank or agency supplies certified copies to you.

You may refrain from submitting any communication in writing.

Yu can ask for your credit report{CIBIL} from bank at a nominal cost, and while you tender the fee you may enclose a covering letter and mention in the report the name of the member{bank} which has posted the entry should be written, and the CIBIL report should be supplied by redg. post only.

RBI guidelines support to supply the statement/bill to customer 15 days before due date.

The lure of the interest @3.75%/pm+late payment charges, finance charges etc encourage the banks/CC companies/recovery agencies to indulge in malpractices.

If the CC was provided to you by your company and you did not sign any card issuance form or Terms and conditions you are not under liability to pay.

Next time you may ask for certified copy of card issuance form thru redg. post only, and direct the company to contact the company to whom card was issued.


Attached File : 803833855 rbi circular bank to obtain consent for sharing data with cibil.pdf, 803833855 9 master circular on credit card operations of banks.pdf, 803833855 right-to-cibil-credit-report-india.pdf downloaded: 291 times

c.p.s. ramachary (1500)     29 November 2012

I fully endorse the view of Mr. Gupta. It is not your personal obligation to pay single rupee towards the credit card dues since it is corporate card standing in the name of the Company yor earlier employer. The credit card agents cannot call you over phone and harras you for payment which is not actually due from you.

 

Supreme Court in ICICI bank Vs. Shanta Devi Sharma & Ors. :2008 (2) Bank CLR 745 (S.C.) held that in addition to Guidelines on Fair Practices Code for Lenders, Master circular on outsourcing financial services and Master Circular on credit card operations and another Circular on ‘Code of Bank’s Commitment to Customers (COBCC) were promulgated by RBI with advise to banks to strictly adhere to them in loan recovery process. It seems they are not strictly adhered to and are treated as mere ritual exercise and RBI also had taken serious note of it and remarked that complaints are received regarding violation of the guidelines. In this case the borrower committed suicide on account of humiliation caused by repossessors engaged by the bank. Supreme Court declined to expunge the remarks of the High Court as well as to quash the order of the High Court in directing the police to investigate into the matter. The Supreme Court also imposed costs of Rs.25,000/- to the bank.

Send a lawyer's notice to the collection agents, and the concerned bank noting down the above citation of Supreme Court, marking a copy to Reserve Bank of India. 


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