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G.K.Bala   16 October 2017

Sale of credit card dues six years after ots

I had settled my credit card dues of 70,000/- in 2004 by paying an amount of Rs 50,000/- and was given a letter stating that "the amount of 50000 is arrived at as being the total amount outstanding from you as worked out and agreed upon by us" This account was sold after 5-6 years to another company who have uploaded an amount of 4.5 lakh onto CIBIL. Can a bank sell a "settled" account to another company as an NPA for recovery, especially if it is time barred? Is there a limit on the age of a settled account being uploaded onto CIBIL? i.e. can a bank upload a settled amount even after 5 years.



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 7 Replies

Siddharth Srivastava (Advocate)     16 October 2017

As such the act is uncalled for and is illegal. You seem that inspite of payment of full due amount you have not obtained the certificate of "NO DUES" from you bank nor you have closed your credit card account and your negligence has given the bank an opportunity to charge the exorbitant amount, penal interest, and interest, surcharge, charges etc. on your amount. When the amount accumulated then your bank has transferred the same to recovery agent or recovery company. Consult a lawyer with details.

G.K.Bala   17 October 2017

I have reached an understanding with the Bank and submitted two cheques. I have collected a letter from the bank which clearly states that " the below settlement plan is arrived at Rs 50,000/- as being the total amount outstanding from you, as worked out and agreed upon by us"

The letter gives the re-payment schedule

The letter also gives details of the cheques with cheque no, dates, amount, bank name etc. 

It also says that the statement holds good only if the cheques bearing the abovementioned dates are issued to the bank / representative at the time of receipt of this letter.

Both the cheques have been cleared and I have the statement with the credit. AFter this there were no other statements for many years.

Does'nt this letter serve as a full and final settlement??

 

G.K.Bala   17 October 2017

I have reached an understanding with the Bank and submitted two cheques. I have collected a letter from the bank which clearly states that " the below settlement plan is arrived at Rs 50,000/- as being the total amount outstanding from you, as worked out and agreed upon by us"

The letter gives the re-payment schedule

The letter also gives details of the cheques with cheque no, dates, amount, bank name etc. 

It also says that the statement holds good only if the cheques bearing the abovementioned dates are issued to the bank / representative at the time of receipt of this letter.

Both the cheques have been cleared and I have the statement with the credit. AFter this there were no other statements for many years.

Does'nt this letter serve as a full and final settlement??

 

G.K.Bala   17 October 2017

I have reached an understanding with the Bank and submitted two cheques. I have collected a letter from the bank which clearly states that

" the below settlement plan is arrived at Rs 50,000/- as being the total amount outstanding from you, as worked out and agreed upon by us"

The letter gives the re-payment schedule The letter also gives details of the cheques with cheque no, dates, amount, bank name etc. 

It also says that the statement holds good only if the cheques bearing the abovementioned dates are issued to the bank / representative at the time of receipt of this letter. Both the cheques have been cleared and I have the statement with the credit. AFter this there were no other statements for many years.

Does'nt this letter serve as a full and final settlement??
I am a little confused as a lay man as the language used in the letter seems to be that they have no further claim if the cheques are cleared as agreed??
Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=155139&offset=1

G.K.Bala   17 October 2017

I have reached an understanding with the Bank and submitted two cheques. I have collected a letter from the bank which clearly states that

" the below settlement plan is arrived at Rs 50,000/- as being the total amount outstanding from you, as worked out and agreed upon by us"

The letter gives the re-payment schedule The letter also gives details of the cheques with cheque no, dates, amount, bank name etc. 

It also says that the statement holds good only if the cheques bearing the abovementioned dates are issued to the bank / representative at the time of receipt of this letter. Both the cheques have been cleared and I have the statement with the credit. AFter this there were no other statements for many years.

Does'nt this letter serve as a full and final settlement??
I am a little confused as a lay man as the language used in the letter seems to be that they have no further claim if the cheques are cleared as agreed??
Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=155139&offset=1

G.K.Bala   20 October 2017

You have given an opinion where you have mentioned that I have not obtained a no dues letter.I have clearly mentioned that I had collected a letter where the total outstanding is accepted as the settled amount whihc has been paid as the terms of the letter.

In your opinion you are saying that I have not obtained a no dues letter means that

1. Either the above letter cannot be treated as a full and final settlement ??    

2. Or you have not considered this letter at all??

 

Siddharth Srivastava (Advocate)     20 October 2017

Sir, firstly note that my opinion is based on facts stated by you and while giving opinion I have looked into every aspect. My opinion is correct. You may take opinion in this regard from any advocate of your choice. There is a lot of difference between "NO DUES CERTIFICATE" and letter for settlement of total outstanding dues.

1. NO

2. I have considered every aspect while giving opinion.

Sidharth 9811776422


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