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N.MOHAN   03 May 2017

Credit card default

I had a ABN AMRO CARD in 2007 and became default from 2009 April. Afterwards the bank name changed to RBS. Then they are shifted all the card accounts to Phonix ARC Ltd as collecting agent. Now it is more than 8 years,if they have any right to recover the dues and what basis. Can they file a Police complaint or Arbitration or file any civil/criminal cas against me. Kindly explain



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 12 Replies

Kumar Doab (FIN)     03 May 2017

Limitation might have set in.

Despite anything; the recovery agents are knwon to adopt coercive methods.

The default may affect your credit ratings.

 

 

 

N.MOHAN   04 May 2017

ABN CHANGED AS RBS. BUT, I HAVE NOT RECEIVED THE RBS CARD. THEN HOW THE RBS TERMS & CONDITIONS WILL APPLY TO ME CLARIFY

Kumar Doab (FIN)     04 May 2017

Examine the Card issuance form, T&C supplied, MITC (if these were in practise at that time), comunications issued by M/s ABN AMRO being taken over by M/s RBS, subsequently by M/s RBS....................and relate.

You should get the answer(s) .

 

 

N.MOHAN   05 May 2017

FOR ABN MITC, ARBITRATION CLAUSE NOT THERE.. IN RBS MITC ARBITRATION CLAUSE AVAILABLE, BUT, I DIDN'T HAVE RBS CARD. THEN, HOW CAN IT BE APPLY TO ME

Kumar Doab (FIN)     05 May 2017

The loopholes, defects, merits in lender or borrower's stand lies in record that both have.

If you have been approached reply.

If you can handle on your own,go ahead.

Or entrust to a your own counsel specializing in consumer matters. 

N.MOHAN   06 May 2017

What my point is I am a defaulter as per ABN even before RBS taken over. So, I have no connections with RBS. Merely, they have taken over ABN debtors, their terms & conditions does not apply to me. Logically also they have no rights in my case. Hope I am right

Kumar Doab (FIN)     06 May 2017

If Banking regulations permit takeover of debt and recovery then RBS, Phonix can takeover.

Your observation and arguement is Interesting.

It may become valid also.

Pls examine the docs already mentioned.

Kumar Doab (FIN)     06 May 2017

Also downlaod and go thru:

RBI master Circular on Credit Card Operations of years that are involved in your case.

N.MOHAN   06 May 2017

Thanks Kumar Ji

Kumar Doab (FIN)     06 May 2017

Also go thru: Fair Practices Code.

All of these are available at website of RBI, CC Company as per directives of RBI and of course online portals that post on CC matters.

Kumar Doab (FIN)     06 May 2017

You are welcome.

N.MOHAN   19 May 2017

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?


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