Credit card issue
Suvendu Sekhar Pati
(Querist) 25 September 2015
This query is : Resolved
Hi,
I hold a HDFC bank credit card. One of my colleague who is working with me in last company has defaulted on his credit card payment. I have already left the company 1 year back. Right now I am getting calls from HDFC Bank person regarding the clearance of dues. When I mentioned to HDFC bank person that I am in noway is related to my colleague and not in touch with him for the past 1 year, they said that he has given my number. After that I came to know that he has dues which he is not clearing and the HDFC bank person is calling me. What should I do? Is there any legal complications for me in this scenario.
Kumar Doab
(Expert) 25 September 2015
Record all calls.
Let the caller speak that your friend has given your phone number....................and then what for..............and then even if your friend has given your number then what is the purpose of (caller of M/s HDFC bank) calling you: To say hello .................to discuss some movie................and most important why he/she has asked your friend to reveal your friend's near and dear ones/colleagues etc?????
If he/she called you at your phone number (the is your property) then he/she has to explain why he/she is in your property!
Ask him to speak his/her full name(first+middle+last), name of his employer that has issued appointment letter and pays salary, full address with pin code, landline phone number with STD code (even if it appears on your phone screen), his/her mobile number,email id, fax number with STD code,his reporting authority's name and details, M/s HDFC bank's Manager/In Charge that handles him/her/agency........................etc.....................
Then ask him while he/she has been asked not to call anyone else other than the CC holder why he/she is still making phone calls?
Submit a detailed communication to Aditya Puri MD of M/s HDFC bank:
aditya.puri@hdfcbank.com
and raise a question why he has not put a full stop to this nuisance,illegal activity,offense.......................despite endless number of publications to him.
You and your friend and other who have been called by M/s HDFC bank.............can also lodge complaint with RBI and ask RBI to cancel the license of the bank/shut down its CC business.................
You may may obtain contact details from following threads and find these relevant too..................
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp
http://www.lawyersclubindia.com/forum/Has-anyone-got-out-of-shaha-fin-lease-s-autocracies--127544.asp
http://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp#.VgU4C31-jMo
Advise everyone not to bank with banks that are habitual offenders as per various publications and not members of IBA,............
SAINATH DEVALLA
(Expert) 25 September 2015
At the outset what way U R officially concerned or connected with UR friends credit card liability?
Suvendu Sekhar Pati
(Querist) 25 September 2015
Dear Sir,
I have nothing to do with my freind's issue, but this issue came all of a sudden after I got a call from the some person in HDFC bank. As I am general person, who do not want to be involved in these messy affairs, thought it better to take some advice as to the liability. Even after getting the call, I am thinking the same that how I am connected with all these? Otherwise, I am not concerned at all with this issue, but only due to emotional issue that these calls make me a lot more disturbed.
The bank person has also said that I have to clear his dues that is also another point that I want to seek legal advice.
SAINATH DEVALLA
(Expert) 26 September 2015
UR query has no substance,its the headache of UR friend when he has defaulted by clearing the credit card dues,how are U responsible and why are U getting calls.DO U KNOW THE DEFINITION OF A CREDIT CARD?
I presume it is not UR friend but actually U R the defaulter,come out with correct facts.
Sudhir Kumar, Advocate
(Expert) 26 September 2015
you can record number of such calls and re[port to the Police against the caller and your colleague.
or else
You are not coming with clear facts.
SAINATH DEVALLA
(Expert) 26 September 2015
If UR friend is the real defaulter and U R receiving calls from either the bank or the recovery agency,immediately lodge a police complaint and also issue a legal notice to the bank and the recovery agency.
Sudhir Kumar, Advocate
(Expert) 26 September 2015
also issue a legal notice to the person who (according to your information) is trying to divert his liability towards you.
Suvendu Sekhar Pati
(Querist) 26 September 2015
Dear Honorable members,
Surprisingly, the fact remains the same, I am getting calls about my friends's credit card liability and as far as I am concerned already I have said that I do not want to get into these messy affairs and always stay away from these people. For all the forum members information, I have the same banks credit card, but everything in it is in order that means all dues cleared and even no late payment.
As already stated I am a general person who always presented true facts before coming to the forum. The same question I have also asked to myself that how in anyway I am connected with my friend's liability. The fact, which I have stated is really true and already I have got my answer about what to do from the honorable forum members.
I will be proceeding with the same and will record all calls and presenting the same to the appropriate authority to take immediate action.
Once again, I thank personally to all the forum members for guiding me to take the corrective action.
Guest
(Expert) 26 September 2015
Please clarify:
1) What is the amount of default not paid by your friend?
2) Whether the dues pertain to purchases by your friend or non-payment of personal loan?
3) If the calls are about personal loan, have you given any personal surety to the bank about loan?
The question arises, if your friend has given your phone number, why not the bank contact your friend through phone/ mobile number of your friend, which may be on record of the bank?
Kumar Doab
(Expert) 26 September 2015
You can search threads on M/s HDFC bank in both experts/forum section by typing key word ’ HDFC’ in search option ……………………………….”SEARCH Q & A”………………………..”SEARCH Threads & POSTS” on right hand side of the web page.
You will get access to lots of publications and judgments involving M/s HDFC bank.
You can also conduct search for decisions by National/State/Distt. Consumer forum at:
National Consumer Disputes Redressal Commission
ncdrc.nic.in
confonet.nic.in
1. The Bank in this case M/s HDFC Bank Ltd its personnel/agencies/agents/partners/associates can not ask anyone other than CC member to pay the amount if any as outstanding.
The NCDRC (National Consumer Disputes Redressal Commission) has issued orders that any Bank including M/s HDFC Bank can not charge the finance charges/interest/penalties that it charges say @3.75% per month.
M/s HDFC Bank can not call CC member once the CC member has asked Bank not to call him/her.
M/s HDFC Bank can not even ask the CC member to give phone numbers of anyone, leave apart calling anyone other than CC member.
M/s HDFC Bank can not call anyone other than CC member.
M/s HDFC Bank can not ask anyone other than CC member to pay any amount due in CC a/c.
If M/s HDFC Bank has acquired your phone number it is illegal.
If M/s HDFC Bank has asked you to pay any amount due in CC a/c of your friend it is illegal.
It is almost certain that your friend has not given you phone number and asked the bank to approach you for payment. You may ask the bank to give the call log data to you and call recording and report/notes/notings by the caller and officer vide which it is recorded in Bank’s file that CC member has asked to approach you and collect the payment from you. If M/s HDFC bank does not obey your legitimate orders then you may ask from RBI or even thru RTI thru RBI or court of law.
It is certain that M/s HDFC Bank will not place it in writing that your friend provided your phone number and asked to collect the dues from you.
2. It is a possibility that the dues in CC a/c are hopelessly time barred and recovery can not be enforced and M/s HDFC bank has willfully allowed the bill to inflate and earn fat margins thru unfair means.
4. Your friend and you are within your rights to ask M/s HDFC Bank to submit to you in writing on Bank’s letterhead under original seal and signature by hand a list with details: date/time/phone number of calling person and person called/minutes of discussion regarding dues on CC a/c……………………and supply each statement of each month from date of issue of card till date………………………..and reason why anyone other than CC member was called and substantiate by attaching certified copy of Bank’s internal rules/policies/board resolution and RBI guidelines on the strength of which M/s HDFC bank made these phone calls.
5. Ask your friend to ask everyone to record the phone calls and give the recording and memory card to you.
6. Lodge written complaint under proper acknowledgment with police and demand under RTI the action taken.
7. Entrust the matter to your able lawyer specializing in criminal and consumer cases……………………………and then watch the play with pleasure.
8. Your lawyer can ensure that all callers and all personnel and even MD Aditya Puri and police official is summoned and stands in box in court of law.
9. Don’t spare the offenders and run scot free.
1. The seasoned bankers may confide in you that there have been instances when such offenders and caught,gheraoed, shoed/booted and handed over to police and they willingly pay compensations out of the court.
Kumar Doab
(Expert) 26 September 2015
http://www.lawyersclubindia.com/search_results_custom.asp?dir=experts&q=HDFC+&B1=GO
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=HDFC&B1=GO#.VgZJh31-jMo
RAJU O.F.,
(Expert) 26 September 2015
If you have not signed any documents on behalf of the defaulter, you will not have to pay any amount to the said bank. Send a lawyer notice to the said bank informing the position and asserting any further calls and harassment would be dealt with legally at their costs and consequences.
P. Venu
(Expert) 26 September 2015
On the face of the facts disclosed, the bank's action is inappropriate. You may apprise them of your objection, preferably through a legal notice.
Rajendra K Goyal
(Expert) 26 September 2015
Well advised by the expert Kumar Doab. agree to it.
Kumar Doab
(Expert) 26 September 2015
You (and others) may build record preferably under expert guidance of your lawyer specializing in consumer/banking matters OR you may show all record to your able lawyer.
After examining the record your counsel may opine that you can proceed with civil suit with damages and it may be rewarding...........
Rest is upto you.
Suvendu Sekhar Pati
(Querist) 27 September 2015
Respected Honorable Members,
I thank you all from the bottom of my heart for showing me the right way. I like to thank especially Mr. Kumar Doab, expert member to guide me in this regard.
May your expert knowledge always enlighten us in the right way.
Thanks and regards,
Suvendu Sekhar Pati.
Kumar Doab
(Expert) 27 September 2015
You are welcome!
Unite and form forums to handle such nuisance and habitual offenders and retain access to an able lawyer and consult well in time.
Suvendu Sekhar Pati
(Querist) 28 September 2015
Respected Mr. Dhingra,
The answers to the questions are as below:
1. According to bank person it is 2 Lakhs.
2. According to bank first it is credit card, now saying it is non-payment of personal loan.
3. No, I have not given any kind of surety. I am not in touch with the said person either physically or over phone for last 1 year.
4. The said person, my friend has changed his phone number and old number switched off, so bank person is not able to contact him.
5. I am not at all connected or related to all of this, only came to know of it after getting a call from bank executive regarding the uncleared dues of my friend.
Thanks and regards,
Suvendu Sekhar Pati.
Guest
(Expert) 28 September 2015
Mr. Suvendu,
Bank may not be contacting you, only their collection agents would be trying to harass you by calling you unnecessarily just to earn commission on recovery, whatsoever they are able to earn.
Anyway, next time when you get any call, you must ask the contacting person to reveal his identity, including his employee number. Normally, they call by saying "calling on behalf of the bank." When you ask the contact person whether he is employee of the bank, he would definitely falter and would either repeat the same thing as on behalf of the bank, or clarify that he is not an employee of the bank.
The other alternative is ask the contacting person to come to you with the latest statement of dues issued by the bank. In most cases the visiting person, as they come in group of two or three, would not be able to produce any detailed statement by taking a plea that the same is not possible, being old dues. Even if they visit along with any statement, take the copy of the statement, ask then to show their individual identity cards, take photocopy of those ICards, call the police at 100 number for causing harassment to you.
The third alternative is to send a notice to the concerned bank to stop harassment by stating the incident of harassment by quoting the names of the contacting agent. Endorse a copy of the same to the banking ombudsman to take action against the bank.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
