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lawyers friend (na)     16 November 2010

Banker right to lien "my rights"

Hello,

I have a credit card since 2003 from private bank...after some misbehave with banks guys on some issue a surrender my card in 2007 with latter that i have no outstanding to pay on my card account,if i have to pay anything please let me know.

After i received nothing from bank side.when i open a salary account with this bank in oct-2010,they just withdrawn my salary saying that i have a outstanding to pay(which was 4-5 times to my total card limit) and this banks "Bankers lien & right of setoff"

When i contact to bank for details they said they have look the issue and a officer contact you.but no one contact me and my all salary goes.

What i need to do?
what is my right?
Please help me. 

 



Learning

 7 Replies

Suchitra. S (Advocate)     17 November 2010

Sir, at the outset it seems you are careless about your money. You say you submitted the card in 2007 by just sending them a letter. You have not contacted them to know if really any outstanding amount is there to be paid by you. Moreover, you have not closed your a/c in the Bank. 

You have not checked the status of your a/c till three years after your submission of the card. Now you state that the bank officials say that you had to pay outstanding amount to be paid and so they have recovered the same from your a/c. I advise please you go to the officials and talk to them in this matter. Try to settle the matter amicably.

lawyers friend (na)     17 November 2010

Thanks for reply....

Suchitra ji, when I surrender my card that time I send a covering latter saying I have no outstanding to pay. I think its bank responsibility to reply me and contact me if I have any outstanding.

Banks talking about card member agreement in that its celery mention bank must provided bills on time in case of defaults bank reach us through call, mail, email, fax and collocation agents. Why they not send me any bills to me and trying to contact me.

if not paying amount (as they said now) is breach of an agreement then not providing bills on time is also breach of agreement.

Please reply me what you think and what is remedy for me.

 

Thanks

 

Devajyoti Barman (Advocate)     17 November 2010

You hae already advised in the column 'Expert'.

Devajyoti Barman (Advocate)     17 November 2010

Correction- You have already been advised in the column-'Exprts'.

ashish lal (Advocacy)     19 November 2010

File a consumer complaint


(Guest)

1st  the close your salary account from the bank and open another account in another bank.

Make necessary standing instructions to your company regarding change of A/C and bank

2 send a registered notice to the bank complaining these facts

3. Then file a complaint with banking ombusdman

4. or escalate the matter to Reserve Bank of India 

It will be enough 

regarding the credit card out standing you must collect previous bill and receipts for payments in time. collect evidences it will be helpful in getting amount. 

Kumar Doab (FIN)     05 December 2010

After your latter you did not receive any claim for outstanding payment from the bank.

Was your email in record with the bank and were you getting emails from the bank. If yes it is in your favor since bank can not claim that they have been sending you the bills/letters by ordinary mail.

Did your address remain the same for 3 years.If yes you should have received the notice from bank lawyer also, and notice for summary suit , and loke adalat etc...

Proceed as per the advise of the learned members of the forum.Keep your documents ready and show these to your lawyer, and initiate matter with the bank in writing only.


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