Credit card dues and house loan
TRN MURTHY
(Querist) 21 March 2012
This query is : Resolved
I have a running housing loan with the ICICI bank since 2002. Along with the housing loan bank also issued me a credit card. Later they have also issued an add on card to my wife, which was never used and returned to bank.
During the year 2006 stopped using the credit card after clearing the dues. Later during December 2011 ICICI bank officials contacted me over phone and stated that there is an outstanding on my credit card and needs to be cleared immediately.
Further on lot of follow up they have also forwarded the statements in bits and pieces. In the meantime I have communicated them in writing rejecting the alleged outstanding on credit card through mail. After that Bank officials are threatening that they will attach the oust standings on credit card to my existing house loan.
Would like to know as follows:
1. Can the Bank initiate action for recovery of alleged credit card dues after a gap of 5 years without any communications? There were no communications from the bank for about four to five years from the bank.
2. Even if I do not accept\acknowledge the dues on credit card, can ICICI Bank attach alleged credit card dues to my existing House Loan?
3. What is the legal remedy available to me?
M.Sheik Mohammed Ali
(Expert) 21 March 2012
where are you from ?
1. depend upon the terms and condition
2. yes, it may be
3. best thing engage a lawyer send legal notice with aforesaid reason.
TRN MURTHY
(Querist) 21 March 2012
I am from Bagalore
TRN MURTHY
(Querist) 21 March 2012
My queiry is that credit card dues are not secured loan. Can the bank club with my house loan which is secured.
they have also not communicated me for about five years can they rake up the issue sfter five years please.
ajay sethi
(Expert) 21 March 2012
no bank cannot intiate any action . claim would be barred by limitation
2) bank cannot adjust your credit card dues to housing laon dues
3) in the vent bank files summary suit for recovery of credit card dues defend it .
4) in the vent bank sees to adjust it to housing loan send your objections in writing .
5) contact a local lawyer
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Mr..Murthy,
After closing your credit card,you have failed in your duty to obtain the foreclosure letter from the bank.Mere informing the bank that I am not using the card will not be enough.It means they have not officially closed your card account.Hence even if you are not using the card,every month minimum charges get reccured and now it must be very huge.The bank can put a lien for ther aforesaid card dues on your other accounts.First of all there is a very big mafia ring operating private banks,particularly with credit cards.Beware.
ESTHERPRIYA
(Expert) 22 March 2012
If claim arises try to engage advocate to protect the same they can club if law permits and contract of your is such in nature.
