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_A.S.Patil (NA)     09 January 2017

Cerdit card recovery after 13 yeara

My parents had a credit card used long back in 2003,after that we were not able to payback due to job loss of my father and I WAS MINOR BACK THEN. We couldn't afford living in city and had to relocate. Now after about 13 years, no idea how but the recovery agents have traced us and they are askings us to pay back the money, but i can't afford it. I am not financially stable and cannot repay the amout which is accumulated over due to interest. Is there a way out of this. I have also read about Preiod of Limitation, which is 3 years for such debts can they recover this amount now? I am not aware of any communication made by bank on old addresa as i had RELOCATED for many years.


Learning

 17 Replies

G.L.N. Prasad (Retired employee.)     09 January 2017

Now Banks to show profits have sold the Credit card dues as Special purpose vehicle package depending on such recovery position.  You know well as to how the private money lenders mafia acts.  So RBI can not further involve in the issue.

Coming to actual dues, issuing necessary demand notice also falls under limitation period.  Unless there is limitation period, no fool can purchase such dues.

I do not know whether you have communicated new address, as it is your responsibility.  It is not the Bank's responsibility.  In several cases in Mumbai, when we can not trace more than 100 addresses, the outside agency has collected entire addresses of such defaulters within a week with mobile numbers.  When we could not establish a contact with even one defaulters for a year even wasting several mandays, which are expensive, those defaults came running to the bank (personal experiene in Mumbai) so you can expect their confidence and network in the year 1994 when mobiles are not existing.   They have their network in each ward and capable of making a life miserable.  They do not distinguish between a HC judge or some middle class man.  

Imagine the resources and capabilities of the agency in tracing you after 13 years hunting from city to another location, where you can be hunted and harassed.

Contact your advocate about your responsibility to your father's debt.Though legally they can not force you to pay the debt as a son, they have the might to extort such money through illegal means.  (In one case known to me they have threatened to selll away the kidney of son, when son stated that he has not inherited a single penny, they have stated you have inherited the body, and asked to donate one kidney...This is a fact and do not ask me as to whether it is legal or illegal as making default is a mistake that invited all problems and unless pressures are initiated, many of us do not pay the debt as duty and responsibility, and hunt for pretexts and to get sympathy by stating personal problems.  All this is not legal and can not be appreciated.  But the consideration is whether they are demanding for payment of a debt or not.

You will be coming to know as to whether you can match the might in future.  A common man's weakness is his family, prestige in society and personal safety.  They can invade on our weakness.

Kumar Doab (FIN)     09 January 2017

If the debt has not been admitted then it is hopelessly time barred.

The moment card holder admits debt the clock of limitation shall be reset.

As rightly advised by Mr. G.L.N.Prasad you may approach your own counsel at your location wit all docs and inputs on record for a considered opinion. 

Moral/Learning: Don't borrow if one can't pay.

CC are just replacement of cash for conveninece.

 

_A.S.Patil (NA)     09 January 2017

@Mr. Prasad, @Mr Kumar, i agree to your points, but this default was not intentionally made, it was due to circumstances. even today i can't afford any legal consulting fees.i somehow found out this site and hence thought of penning down my queries. Can you suggest me anyway to get out of this without much trouble. The agent says my parent has 1lakh+ as outstanding and i can't afford this

G.L.N. Prasad (Retired employee.)     09 January 2017

Mr.Akshy,

When there were dues and you can not afford to repay the dues...wait for the other party's action legally.

If it is legally challenged in Court, you have to defend stating all your personal problems.

If outside agency resorts to criminal offenses, report the same to jurisdictional police station for threats and harassments and seek police protection.

So far, I have not come across any other remedy, and I am also interested whether any expert can contribute value addition to the reply.

_A.S.Patil (NA)     09 January 2017

But as per my reseach they can't take this to court as the Period of Limitations is crossed, its a time barred debt. Is it still possible that this matter can be taken to court by bank or the agents calling me? Do they have a different court for such matters?

H.M.Patnaik (Proprietor)     09 January 2017

Have u acknowledged the present notice or given something in writing to the Recovery Agent to repay the dues.

_A.S.Patil (NA)     09 January 2017

No I haven't acknowledge them about me going to pay it, nor i have given them anything in writing

Kumar Doab (FIN)     09 January 2017

Your personal problems will not convince any lender.

Why is there requirement or obligation from your end.

The Card was isuued to your father.

His admission or acceptace matters.

_A.S.Patil (NA)     09 January 2017

OKay, so i will put it this way, neither my father nor anyother family member have acknowledged them about repaying 

Kumar Doab (FIN)     09 January 2017

Learn to handle the agents.

_A.S.Patil (NA)     09 January 2017

Sure sir, but my questions remain unanswered. Can they take legal action now no me or my father? Also what can be the worst case situation?

_A.S.Patil (NA)     12 January 2017

The agents have threatened me and my father thag they would write a complaint in police station and call us to police station. I am feeling helpless right now. Can someone suggest me how to deal from here please

Kumar Doab (FIN)     14 January 2017

Your father is alive.

So why should you be dragged by lender.

Record all calls/threats.

 

 

 

Kumar Doab (FIN)     14 January 2017

"The rules of limitation are not meant to destroy the rights of the parties. Section 3 of the Limitation Act 36 of 1963, for short "the Act" only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the remedy is barred by the limitation. Only exception in which the remedy also becomes barred by limitation is that right itself is destroyed. For example under s.27 of the Act a suit for possession of any property becoming barred by limitation, the right to property itself is destroyed. Except in such cases which are specially provided under the right to which remedy relates in other case the right subsists. Though the right to enforce the debt by judicial process is barred under s.3 read with the relevant Article in the schedule, the right to debt remains. The time barred debt does not cease to exist by reasons of s.3. That right can be exercised in any other manner than by means of a suit. The debt is not extinguished, but the remedy to enforce the liability is destroyed. What s.3 refers is only to the remedy but not to the right of the creditors. Such debt continues to subsists so long as it is not paid. It is not obligatory to file a suit to recover the debt. It is settled law that the creditor would be entitled to adjust, from the payment of a sum by a debtor, towards the time barred debt. It is also equally settled law that the creditor when he is in possession of an adequate security, the debt due could be adjusted from the security in his possession and custody."

 

Apex Court;

Punjab National Bank And Ors vs Surendra Prasad Sinha


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