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N.MOHAN   22 May 2017

Credit card default

They sent a Lawer notice on 29th April and mentioning, I have to owe a sum of 27397/- towards credit card due. But, they have not sent any statement or anythig. Moreover theythreatened that matter will be send to Arbitration, if I have not respond within 7 days. I have replied on 3rd May & denying that I didn't have their credit card at all. If at all they have any proof, I asked them to send it t me. But, today, 19th May I have received a notice sent by a Retired Judge as Sole arbitrator and appear before him on 25th May. The place of the Arbitration and their address of the Lawyer notice sent by them is same. I have not received any statements/documents pertaining to their claim. kindly advise me, whether I have to participate or not. or what to do?

 


Learning

 30 Replies

Kumar Doab (FIN)     22 May 2017

Send same Reply by email/letter to Retired Judge/Arbitrator and attach the copy of your reply/legal notice. Mention that you were never a card member, and as instructed by you the authenticated copies of CC issuance form signed by you,KYC docs submitted by you, OSV marking/report by employee of CC issuance company, CCTV footage of your visits to bank/OSV/KYC docs submission physical verification by employee of CC issuance company , Card delivery report/proof,Charge slips  signed by you, Bills of each month and the delivery report/proof of each bill, etc etc have not been supplied to you,and you have never signed any arbitration clause and demand compensation.. and agitate on harassment,mental tention etc 

Kumar Doab (FIN)     22 May 2017

Originally posted by : N.MOHAN
They sent a Lawer notice on 29th April and mentioning, I have to owe a sum of 27397/- towards credit card due. But, they have not sent any statement or anythig. Moreover theythreatened that matter will be send to Arbitration, if I have not respond within 7 days. I have replied on 3rd May & denying that I didn't have their credit card at all. If at all they have any proof, I asked them to send it t me. But, today, 19th May I have received a notice sent by a Retired Judge as Sole arbitrator and appear before him on 25th May. The place of the Arbitration and their address of the Lawyer notice sent by them is same. I have not received any statements/documents pertaining to their claim. kindly advise me, whether I have to participate or not. or what to do?

 

 

"denying that I didn't have their credit card at all." 

Kumar Doab (FIN)     22 May 2017

 

Write to MD/CEO of the CC company and attach copies of your replies/legal notice and mention and demand as above and demand compensation and agitate on harassment,mental tention etc and to beg apology.

Kumar Doab (FIN)     22 May 2017

 

 

Write to RBI and attach copies of your replies/legal notice and mention and demand as above and request to penalize the CC company and award examplary punishment and compensation.

.

:

Smt. Uma Subramaniam

Chief General Manager -in-Charge

Department of Non-Banking Supervision

Central Office Centre I,

World Trade Centre,

Cuffe Parade

Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in


Governor

Reserve Bank of India

Central Office Building 18th Floor, Shahid Bhagat Singh Road Mumbai-400 001.

022-22660868

governor@rbi.org.in

Kumar Doab (FIN)     22 May 2017

 

If you are unable to handle entrust to your own very able senior counsel specializing in Banking/Consumer matters.

 

N.MOHAN   22 May 2017

Thank you very much sir. I too planned in the same way as suggested by you. and many more thanks for provided me RBI governor address & mail id & CGM address & mail id.

I will update you the progress.Really, I intent to send all the notices and askfor the all the proofs etc as mentioned by you.

My counsel somewhat reluctant to accept all my points, I forced him to do as per my view. Now your suggestions proved my points are right & valid. Once again Big thank you Sir

N.MOHAN   23 May 2017

can you send me the Respondent model petition to file in Arbitration

Kumar Doab (FIN)     23 May 2017

You are welcome.

Kumar Doab (FIN)     23 May 2017

You can also search judgments at:

www.confonet.nic.in

Kumar Doab (FIN)     23 May 2017

You can also involve:

CGM-CEPD-RBI

cgmcepd@rbi.org.in

 

Code Compliance Officer,Internal Ombudsman of CC company

And mark copies to IMA,BCSBI

Kumar Doab (FIN)     23 May 2017

 

 

It is good that you have engaged a lawyer.

Such matters may preferably be entrusted to very able senior counsel of unshakable repute and integrity specializing in Banking/consumer matters.

 

They are already well versed with applicable rules, enactments, citations and can handle in the best possible manner to protect the interest of their client.

 

Hope you shall take it positively.

The lawyer engaged by you has gone thru all records and inputs provided by you.

What is the need to press your own lawyer?a

Kumar Doab (FIN)     23 May 2017

 

In case your lawyer is known to you and shall mind your interest and/or you trust him/her,………………………and/or junior or has not been handling such/ Banking/consumer matters then he/she can discuss with local very able senior counsel of unshakable repute and integrity specializing in Banking/consumer matters.

 

Lawyers do cnsult each other.

At the most it may cost you some FEE say Rs.500/, or Rs.1000/ for discussion/opinion, but can help you.

 

I am sending you some links and inputs.

You may evaluate and decide.

N.MOHAN   26 May 2017

Yesterday I attended the Arbitration proceedings. Before that I sent a letter as suggested by you thro' RPAD (Copy attached) .From Kotak and the lawyer for Phoienix also attended and told me that ABN card only they referred as RBS. But, quickly I told them that I had the card from 2005 & at that time no Arbitration Clause. They argued it is included in card Terms & conditions. I asked the signed agrrement copy by me & also all the bills & vocuchers. They said they can't give & that is confidential. I clearly told them they must produce all the copies. They given some statment in Excel sheet. They come forwad to negotiate. But, it is more than 9 years & Idon't remember anything and asked the copies reqqyuired. Now only I checked my cibil report. Phoenix reported in 31st July 2016 as written-off Rs 27,537, what they are claiming now. Whether it is right to revoke and sent it to Arbitration? Kindly guide me as you have done earlier.


Attached File : 20170526170427 931346541 arbitration reply.docx, 20170526170504 931346541 phoenix adv notice.pdf downloaded: 113 times

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