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Credit card dues

(Querist) 17 August 2009 This query is : Resolved 
Sir,

I have several credit cards for last nine years and have been paying monthly minimum dues regularly.Now I find that I have paid more than my credit limits which goes beyond 300% and so wanted to go for settlement with the Banks through my advocate.The advocate also,in turn,send letters to these Banks regarding settlement.

But,the banks through their collection agents says that they will not deal with my advocate and have started calling me up every hours that too on holidays like Sundays.

Now,I want to know whether I am right in approaching a lawyer and also wants to know whether the collection agents are empowered to call me & harass me with their phone calls and visits.

A V Vishal (Expert) 17 August 2009
Send a legal notice through the advocate to the credit card company. The collection agents are mere agency of the bank. There is a code of conduct prescribed by RBI to credit card companies on collection of dues. Since the agents have exceeded their limit you can file a criminal complaint against the collection agency and the bank for harassment and intimidation. Approach the Bank obudsman with your grievance for redressal.
A. A. JOSE (Expert) 17 August 2009
As has been rightly advised by Mr.Vishal, you may seek redresssal of grievance from the Banking Ombudsman of your area or the RBI or the consumer forum.
charudureja (Expert) 17 August 2009
I agree to both the views
Y V Vishweshwar Rao (Expert) 18 August 2009
I Agree with lrd Friends suggestiosn !
The Agents are not expected to harrass You!

But, the Card dues are to be paid by you , it is better to approach the bank and get it is settled by converting the card Dues as personal Loan/ or/ Mortgage Loan with new Repayment shcedule !
rupareliya (Expert) 18 August 2009
dont go with view of mr.vishweshwar rao just file a complaint against the collection agent
Adinath@Avinash Patil (Expert) 18 August 2009
It is right u issue legal notice to credit card company.
Srinivasan (Querist) 19 August 2009
many thanks for those who replied to my enquiry regarding credit cards.

I also wanted to know whether I correct in taking the of a legal adviser to arrive at a settlement with Banks as I have been paying my dues very regularly.I took the help of a lawyer because I find all the banks are charging not only more interest but also they charge additional charges like credit shields and the total charges goes beyond 50% per annum.
So,please clarify whether I am correct in taking legal advise.
RASIK DAGLI (Expert) 21 August 2009
I agree with Mr.Vishal and others . You can certainly represent to bank through an Advocate. The credit card company may not settle the dues and will try to collect the same through Recovery Agents. Better course is to address a legal notice to the Company and a copy to Reserve Bank. If there is no reply or proper reply , you may file Criminal Complaint against Credit Card Company and Recovery Agent.
RASIK DAGLI
Advocate.


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