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Credit card debt

(Querist) 17 January 2014 This query is : Resolved 
I am a defaulter with icici bank credit card.
i am financially very unstable so i couldnt pay them.this was 3 years back..now all of a sudden they have become over active and started call and harrasing me for payment..calling my cell forne,my landline,my building people,my office land line and torturing me to the core.As on date i still am not in a position to pay them their amount of 60,000.my husband stays in another city for work due to financial problems.we dont have our own house and i am not in a state to pay rent so i am staying at my mothers place.they call on landline and torture there also.what to do?
Kumar Doab (Expert) 18 January 2014
Everyone knows that CC is for one purpose only: Convenience: to carry CC in place of cash and that one should NOT carry CC if one do not have cash.

If one is not frequent traveler then one should rather carry a debit card in pace of CC so that there is an automatic full stop when there in NO cash in a/c.....................and THUS transaction by debit card shall NOT be approved.

Approach a competent and experienced lawyer specializing in such cases and consumer cases.

They are active as they might have realized that debt is time barred.

However please note that if debt is time barred recovery may not be allowed but you shall continue to remain a defaulter on record and visible to all lenders.
Therefore you must attempt to arrange funds and clear all debt(s).
The CC company would be more than willing to settle.

However there are catches and therefore it shall be appropriate to consult a lawyer so that you get clean history in CIBIL..................etc.

The Conduct of recovery agents/ARC's is undoubtedly bad and violates code of conduct set by RBI, IBA,BCSBI.....................and court judgement too.

There are many threads with similar queries e.g;

http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y


http://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y


http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA


http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4


maxmoon (Querist) 18 January 2014
i want to know my rights and how to handle this situation.
Devajyoti Barman (Expert) 18 January 2014
You can negotiate with them and settle for lesser amount which likely to happen most of the time.
If their claim is more than 3 years, then they can recover the money by civil suit. However they may file criminal case which can also be defended.
Your line of action depends how you wish to face this situation in the above legal scenario.
malipeddi jaggarao (Expert) 18 January 2014
You have utilized the credit card and for non-payment, wish to know your rights?
There is one escape route that is - the debt is barred by limitation - if the last transaction is more than 3 years old - the debt is barred by limitation - that means they can not recover the amount by legal process. It does not mean your debt is extinguished. Your credit reports like CIBIL will reflect a bad position. Even if the debt is time barred, if you have written any letter to the CC company during this 3 years, a fresh limitation starts from that date.
Hence it is advisable to strike a deal with the Bank narrating your financial difficulties and ask for remission in the charges and interest.
One should use the Credit Cards in a justified way within their means of living.
It is a lesson to you, and do not repeat in future.
Advocate. Arunagiri (Expert) 18 January 2014
These collection agencies, will try their level best as long as they are confident to collect the money from you. Once they know that you are unable to pay the money, they will not chase you.

So, you can inform them of your constraints.
ajay sethi (Expert) 18 January 2014
claim is barred by limitation . next time they call up refuse to pay . tell them they are at liberty to move court for recovery of dues . record the conversation . if they continue to harass you lodge police complaint against the agents
Guest (Expert) 18 January 2014
You immediately call police when ever there is harassment in person.Or you immediately call women harassment help line and book them for misbehavior.At any cost do not issue any cheques for temperaory reliefs.Do not accept or receive any legal notices served by them.
R.K Nanda (Expert) 18 January 2014
NOTHING TO ADD MORE.
Rajendra K Goyal (Expert) 18 January 2014
Well advised by the experts, agree to it.

In one of your query you were director of a company and not able to pay the CC outstanding of the company. What is actual position.

http://www.lawyersclubindia.com/experts/Absconding-case-348566.asp#.UtoifLThWsw

In another query your father gave you 15 lacs and you are in disputes with him as unable to repay:

http://www.lawyersclubindia.com/experts/Dispute-with-father-385611.asp#.Utoir7ThWsw

Are you having any problem really or posting the query to pass time or judge the knowledge.
Guest (Expert) 18 January 2014
Please do reply the above Expert making us understand what is your real intention.
maxmoon (Querist) 18 January 2014
Dear mr. malipeddi jaggarao
I had deposited Rs 1000 in cash in my icici credit card account in september 2013 as the recovery agent told us that by depositing 1000 atleast i can prove my intention of paying the bank...
does the "barred by Limitation" of 3years duration start from sept 2013 again or it has to be through written communication only.
maxmoon (Querist) 18 January 2014
My intention is to pay but as on date i dnt have money..my husband is jobless...i have a kid..i am staying at my mothers place as i cant afford a rented flat...recently I got a job but that too is not sufficient for 3 of us..I just want another 6 months to stand again on my feet...but these agents keep calling and dont listen to me...
they keep calling in my new office landline and also my neighbours landline phone...very very very helpless
Guest (Expert) 18 January 2014
What is the Reply for Mr R.K.Goyal and myself
maxmoon (Querist) 18 January 2014
That was not mine but my relatives problems which i had asked through my account....but the credit card problem is min
maxmoon (Querist) 18 January 2014
people know to me who have legal problems i ask laywers through my account to help them
Guest (Expert) 18 January 2014
Depending on what you are saying is true You should not have remitted the amount giving life to buried. Any how keep the women Help line with you and handle it tact fully with the help of your office friends read my suggestions above once again.
maxmoon (Querist) 18 January 2014
can they come to my house for recovery or they can recover through suit file only??
Guest (Expert) 18 January 2014
Between 9 a.m to 6 p.m they could visit you not before or after that time
maxmoon (Querist) 18 January 2014
but that was a cash deposit...can they prove that was deposited by me??
Guest (Expert) 18 January 2014
Happened is happened.Now you just play the hide and seek game for at least 3 months gradually the nuisance would stop.
maxmoon (Querist) 18 January 2014
but asking for payment politely or threatening me??i dnt want them to create any scene in the building
Guest (Expert) 18 January 2014
You have to handle it.
maxmoon (Querist) 18 January 2014
sir u said 3 months...ll this stop?? but that barred by limitation thing is for 3 yrs rgt?
Guest (Expert) 18 January 2014
Further dont make any deposits or payments
maxmoon (Querist) 18 January 2014
ok sir...thank u so much for your assistance
Guest (Expert) 18 January 2014
Further please dont put any queries representing your friends or relatives or basing your imaginations
T. Kalaiselvan, Advocate (Expert) 19 January 2014
I think experts Mr. Goyal and Mr. NJSR have correctly guessed the mischievous author who is on the testing spree here.
Devajyoti Barman (Expert) 23 January 2014
query is resolved ,,now stop this thread.


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