Credit card debt
ashutosh deshpande
(Querist) 10 April 2014
This query is : Resolved
Sir, I had made a one time settlement of my SBI card in 2003 and made a payment of Rs 5000 at that time. I was told by the agent that I wud receive a letter of closure within 48 days.I never got it. when called I was told that the closure is in process.
Now in 2014 I am receiving calls from some SBI Card Agents that an amount of Rs 69000 is outstanding against me for which a writeoff of 30000 can b made.As after so many years I am unable to find any records I am against a dead wall. cud u please tell me the right way out of this situation?
Dr J C Vashista
(Expert) 11 April 2014
Do you possess any receipt for settled amount?
Did you follow up the case (48 days after) when you paid the settled amount?
I fully agree with experts it is time barred but you are also at a fault for non-tracking the case.
Guest
(Expert) 11 April 2014
Dates of incidents are relevant to decide whether the case is time barred or not.
Rajendra K Goyal
(Expert) 11 April 2014
It is a time barred debt, not required to respond.
malipeddi jaggarao
(Expert) 11 April 2014
Tell them that you have discharged your liability under One Time Settlement already and you will not pay any more. Ignore the calls.
ajay sethi
(Expert) 11 April 2014
barred by limitation
Guest
(Expert) 12 April 2014
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 12 April 2014
I think it is barred by limitation hence the best option is to ignore the calls, let them initiate the legal proceedings, lets see under which provision they would like to follow it up, then you can contest the same with the help of evidences with you.
Kumar Doab
(Expert) 13 April 2014
It is time barred. Recovery can not be enforced.
Recovery agents/ARC can’t even call on phone.
You must be bold enough to mention it.
You must record all calls now and insist that the caller should speak his phone number from which he has called, your phone number at which he has called, date, time, his first-middle-last name, designation, name of his employer company, his Manager’s name. Full address with pin code of office where he is located and where the phone number from which he has made call is located, , office phone numbers with STD code, Fax number with STD code, email id, website, redg. Office address.
Interesting part is that while you claim OTS the agent probably played mischief and did not deposit any letter of OTS to you, you didn’t submit any acceptance and did not obtain any proof of payment recorded as payment of OTS and letter of closure too.
While the M/s SBICPSL may conceal and later struggle to provide any proof to show when did it obtain latest admission of debt from you…………………………………………………….
You must impress upon the caller to provide you proof of it having bought the debt (showing the dates) from M/s SBICPSL………………….or the caller being from M/s SBICPSL itself and then to provide proof of admission of debt that decides reset of clock for fresh limitation…………………
You may stick to your stand that you have already made OTS and no more money can be demanded from you, matter is time barred too, and caller must send all communications by letter on his letter head, under original seal and signature by hand thru redg. Post only………………..AND MUST NOT CALL HIM AGAIN ON PHONE.
ashutosh deshpande
(Querist) 14 April 2014
thanks all, but can they list me as a defaulter in cibil?
ashutosh deshpande
(Querist) 14 April 2014
also can anyone tell me the statute of limitation applicable. I am in Pune
Kumar Doab
(Expert) 14 April 2014
The lawyer that has seen all of your docs on record and has analysed your inputs can advise you the best.
Generically speaking your name can be maintained in list of defaulters.
The learning is that one should obtain proper acknowledgment of each and everything and maintain proper record.
If you had asked for OTS and proceeded for OTS then probably after 7 years the entry of OTS won't be visible to all.
Having said that you must not proceed further until you have in person understood the matter and merits from your lawyer.
The trick is played with majority of the citizens in India and majority of the citizens are blackmailed.
Your lawyer would know how to handle the matter.
PUNE is a good city and you can access lawyer par excellence in PUNE.
