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(Guest)

Cibil score

Hi,

I had a Barclays credit card in 2008 and I made some online shopping on a US website in dollars. Barclays charged me some transactions fee for that online transaction. The merchant cancelled the transaction and refuned my money. However Barclays instead of refunding the transaction fees for this cancelled transaction, again charged me transactions fees for refund. I logged a complaint and put rs 9000 payment on hold. The communication went on and on and then one day Barcalys card stopped responding. Apart from this transaction fee dispute, their recovery agents were calling me from 100 different nos for Rs 9000 payment.

I had forgot about this. Recently I looked at my CIBIL report and got to know that Barclays had sold my credit account to some Phoenix ARC. For Barclays, my account is showing status 'written off and account sold' and in Phoenix ARC, its showing balance or Rs 22000. None of them contacted me before reporting this to CIBIL and Barclays never informed me that they are going to sell my credit card account to Phoenix ARC.

What should I do? Your expert opinion is needed.



Learning

 10 Replies

Kumar Doab (FIN)     18 May 2012

You may obtain copy of form signed by you for issue of CC, terms and conditions applicable to CC, rules applicable to overseas transaction in foreign currency. Apparently payment and refund are being taken as two different transactions and charges to both transactions are being applied. The merchant banker is involved in both. You may ask CC company to certify that it has paid the merchant banker twice and demand proof of payment. It is believed that CC Company must have described the logic and reason in emails exchanged with you.

You had the opportunity to lodge your protest while recovery agencies were coercing and forcing you rudely.

As per RBI guidelines bank has to supply sufficient notice before reporting to credit rating agencies and declaring a customer a defaulter. As bank was communicating to you and you were in touch you can take a stand that despite your contact details being with the bank will fully and intentionally did not supply any communication and notice before declaring you as a defaulter with an ulterior motive to arm-twist and extort monies from you. Moreover recovery agencies did not pay heed to the fact supplied by you.

As per RBI guidelines bank can fix charges up to max. of Rs.50/ for supplying credit report (CIBIL report).You may ask the bank to supply its fee in writing.

In addition to CIBIL – Credit Information Bureau (India) Limited (www.cibil.com)

Company might reported you to:.

 

·                  Experian - Experian Credit Information Company of India Private Limited (www.experian.in)

·                  Equifax - Equifax Credit Information Services Private Limited (www.equifax.com)

·                  MCNF database (Master Card Negative Feedback)

 

 

CC Company shall take a stand that it has sold the a/c in line with agreement signed by customer.

It shall be appropriate to approach a competent and experienced lawyer handling CC/consumer cases and provide details and inputs and let your lawyer draft your representations to MD of CC company while you may focus on your line of business. Settlement has negative bearing on credit score. Companies may update status as :

Status: Options include: Suit filed, Willful default, Suit filed (Willful Default), Written off, Suit filed and written off, Willful default and written off, and Suit filed (willful default) and written off.

 Read the details at :

Your CIBIL Credit Report

Therefore if wish to go in for settlement you should obtain prior confirmation in writing by letter under original seal and signature by hand from competent employee of CC company/bank that settlement shall no negative bearing on your credit score and company shall clean your credit history and shall not update the final status as written off etc and final status shall have no negative bearing on your loan taking ability.

You must charge the Local BM of the bank, and make him a party.


Attached File : 849926735 rbi circular bank to obtain consent for sharing data with cibil.pdf, 849926735 right-to-cibil-credit-report-india.pdf, 849926735 your cibil credit report.doc downloaded: 823 times
1 Like

(Guest)

I told CIBIL that I don't Phoenix ARC and asked for contact information of this member. CIBIL replied saying they don't have contact information of Phoenix ARC. They have updated me as defaulter based on information from Phoenix ARC but don't have any contact information. Can they refuse to share contact information in this situation?

Kumar Doab (FIN)     24 May 2012

CIBIL shall update information received from its members only.You may go thru the attachment posted above. It is unbelivable that CIBIL shall allow membership without full details of the member. CIBIL is not under the preview of RTI act.

You may transact with CC company only. Let the comapny reply whatever it wants.YOu may approach a competent and experienced lawyer handling CC/consumer cases.

1 Like

(Guest)

CIBIL seems to have idiots in their customer service. When I open a dispute, they  say that they contacted the member and as per member information is correct and when I ask for contact information they say they don't have member's contact information.

Can I sue CIBIL in consumer court for incorrect information in my report? I paid them Rs 470 for my credit report. CIBIL is making money by selling consumers' information to bank and charging consumers for their own information.

Apart from Barclays and Phoenix ARC, there are 2 accounts which don't belong to me. They have 0 balance reported but still I am not liking the accounts in my CIBIL report if they don't belong to me.

Susang Tharemal (Consultant)     11 July 2012

Hii

U can visit rectifycredit.com. They provide credit advisory services. Also visit creditduniya.com. Its very useful. Hope that yor  queries will be put to rest.

1 Like

(Guest)

I need a consumer court lawyer for this case. I live in north delhi (near Tis Hazari court).

I had to pay Rs 26000 to Phoenix ARC to have to them close my account (not settle). Now I want to this money back from Barclays along with compensation for mental harrassment and inconvenience caused by this. It has been over 3-4 years since I had the dispute however I learned about my CIBIL report only 3-4 months back. 


(Guest)

I need a consumer court lawyer for this case. I live in north delhi (near Tis Hazari court).

I had to pay Rs 26000 to Phoenix ARC to have to them close my account (not settle). Now I want to this money back from Barclays along with compensation for mental harrassment and inconvenience caused by this. It has been over 3-4 years since I had the dispute however I learned about my CIBIL report only 3-4 months back. 

Kumar Doab (FIN)     08 September 2012

If you wish to avail the services of LCI lawyer you can conduct lawyer search at:

https://www.lawyersclubindia.com/lawyers_search/

The related lawyer list is provided on bottom of this web page.

Your near and dear ones can also guide you to a competent and experienced lawyer.

1 Like

(Guest)

I have been communication with Barclays for sometime now. I had followed-up with them for 2 years in 2008-2010 but they never seemed to be interested in resolving issue. In recent emails I have asked them to provide a copy of my application form or other documents to proove that they had my consent (as per RBI guidelines) for reporting my account information to CIBIL or other credit rating agencies.

Please see below the recent comunication from Barclays:

*******************************************************************************************************************************

*******************************************************************************************************************************

To: "chief.operatingofficer@barclays.com" <chief.operatingofficer@barclays.com>
Sent: Saturday, 15 September 2012 12:18 AM
Subject: Re: Barclays Bank PLC India

Dear Mr. Arif,

Thank you for response however question 1 in my email has been ignored. I didn't give my consent to Barclays for sharing my information with CIBIL or any other credit rating agency.

Please check the rbi website link I provided in my previous email for reference. Barclays violated RBI guidelines by sharing my credit information with CIBIL without my consent.

***If you believe that I did agree, please share a scanned copy of the document or agreement or application form.***

Regarding intimation letter for reduing credit limit, I never received a letter until May 2009 (see attached, the letter is dated May 14, 2009) that too after several months and several emails. Also I wasn't given no reason to reduce the credit limit. It was my primary card untill the credit limit was reduced and I had paid all the bills on time. You recovery agents had called me over 100 times for dues without any intimation but your customer service couldn't call me or send an email.

=======================================================================================================

From: "chief.operatingofficer@barclays.com" <chief.operatingofficer@barclays.com>
Sent: Friday, 14 September 2012 6:25 PM
 Subject: Barclays Bank PLC India
 

Ref no.: CAS-5873472-23EFND/CAS-5873468-7GXBVT/CAS-5873466-XEIRVX/CAS-5873464-K87HFX
     
Dear Mr. Tiwary,
 
We refer to your below e-mail regarding your credit card account issue. At the outset, we sincerely regret the inconvenience caused to you.

We wish to inform you that we have inadvertently quoted the outstanding balance Rs. 4891.74, however we have share the details and correct outstanding balance amounting to Rs. 24340.14 out of which the principal usage is Rs. 9990.76. Please note that we have not received payment on your account since December 2008. Due to non receipt of the payment, your account is levied with finance charges and your account is transferred to Phoenix ARC Pvt Ltd (Kotak Bank) in April 2011. Hence for application form, you need liaise with the as the same is handed over to them.

In regards to the CIBIL reporting, we wish to inform you that bank is obligation to report all his account with CIBIL. The same is mentioned in our MITC, which was shared with you by our Grievance Team.

Further, we had delayed in our responses; however we have sent you interims about the status of your complaints. Please find attached the responses sent to you in past for your reference, where your issues were redressed by us.

As stated in our multiple interactions, that credit limit on your credit card account is revised as per internal bank policy and necessary intimation was sent to you. May we explain, that foreign exchange fee is applicable to every transaction processing on your account in foreign currency. You are required to liaise with VISA or merchant for the details.

Please note that your account has been transferred to Phoenix ARC Pvt Ltd (Kotak Bank) as stated above, we do not hold any rights to action on your account. We request you to kindly liaise with them for any further actionables.

You can contact Phoenix ARC Private Limited Company through:
Call – Contact # 022-6605 4043 or 42 (10:00 AM to 6:00 PM)
Email - customercare.retail@phoenixarc.co.in
Letter –
Customer Care Retail
Phoenix ARC Private Limited,
7th Floor, Dani Corporate Park,
158, C.S.T Road, Kalina,
Santacruz (E), Mumbai - 400 098

We thank you for your understanding in this regards.
 
Yours Sincerely,
 

Arif Khan
Office of Chief Operating Officer
Barclays Bank PLC, India

Confidentiality Notice: The documents herein contain information, belonging to Barclays Bank, which is confidential and privileged. Unless you are the intended recipient, you may not use, copy or disclose to anyone the documents or any information contained in or attached to the documents.

==============================================================================

From: operatingofficer, chief : Barclays Corporate India
Sent: 10 September 2012 18:18
Subject: Barclays Bank PLC India

Ref no.: CAS-5873472-23EFND/CAS-5873468-7GXBVT/CAS-5873466-XEIRVX/CAS-5873464-K87HFX

                       
Dear Mr. Tiwary,
 
We refer to your below e-mail regarding your credit card account issue. At the outset, we sincerely regret the inconvenience caused to you.
 
We wish to inform you that we are looking into the matter and shall revert to you in next 5 working days.

 
We thank you for your patience in the interim.
 
Yours Sincerely,
 

Arif Khan
Office of Chief Operating Officer
Barclays Bank PLC, India

Confidentiality Notice: The documents herein contain information, belonging to Barclays Bank, which is confidential and privileged. Unless you are the intended recipient, you may not use, copy or disclose to anyone the documents or any information contained in or attached to the documents.

==============================================================================

To: "grievanceredressal@barclays.com" <grievanceredressal@barclays.com>
Cc: chief.operatingofficer@barclays.com
Sent: Saturday, 8 September 2012 6:10 PM
Subject: Re: Barclays Bank PLC ( India )

Thank you,


You first told me amount was 4891.74 and now it's 9990.76.

And following questions still remain unanswered:


1. Please let me know why Barclays sent me no notice before reporting this account as defaulter with credit bureau (CIBIL).

    Please visit below webpage for your information:


    https://www.rbi.org.in/commonman/English/scriptts/Notification.aspx?Id=361

    Please read paragraph I.6:
    ------
    Explicit option to share customer information with other agencies

    The banks should explicitly state and explain to the customer the full meaning of their disclosure  clause. While reporting to Credit Information Companies/CIBIL is mandatory, all the other clauses  added making the customer provide his consent to parting with his personal     information and  credit history to a host of agencies is purely voluntary and should not have any bearing on the  issue of the card.


    Instances have come to light where banks, as part of the MITCs, obtain the consent of the customer for sharing the information furnished by him while applying for the credit card, with other agencies. It is clarified that banks should give the customer the option to decide as     to whether he is agreeable for the bank sharing with other agencies the information furnished by him at the time of applying credit card. The application forms for credit cards may be suitably modified to explicitly and clearly provide for the same. Further, in cases where the     customer gives his consent for the bank sharing the information with other agencies, banks should explicitly state and explain clearly to the customer the full meaning/implications of the disclosure clause.
    ------

    With reference to above, I ask you to please send me a copy of my application form or documents where you took my consent for sharing my data with credit rating agencies (that too without notice)

2. Where is the bank policy which states that you levy foreign exchange fee on refund or cancelled transaction? I understood that when I make a transaction in dollars or gbps, I have to pay conversion charges, I didn't make refund then why was I charged. Please share bank or visa policy according to which you charged me for refund (a transaction which was initiated by merchant not me).


Also please see attached (email.pdf) regarding your claim for "TIMELY RESPONSE TO ALL MY QUERIES". After several emails to your customer service and no resolution (and 100s of unproffessional calls for recovery) for over a year, I sent an email to your headservice and grievanceredressal departments on September 24, 2009 at 4:34 pm. I received a response on January 8, 2011 where they denied all complaints without any explanation and proof. They didn't even inform about CIIBL thing.


I am copying this email to your CEO to let him that Barclays bank really need to work on Customer service department. If you would at look at my email history, you would find that I followed-up with your customer service regarding this issue for almost 2 years. They reduced my credit limit without any information, made a 1000 unprofessional calls, reported my account to CIBIL without my consent and finally sold this account to a third party. That's why your credit card business didn't work. You should hire people from Citibank. They are so good at customer service.

==============================================================================

From: "grievanceredressal@barclays.com" <grievanceredressal@barclays.com>
Sent: Saturday, 8 September 2012 3:32 PM
Subject: Barclays Bank PLC ( India )

Ref No: CAS-5871478-3CKN5W/ CAS-5871481-PP2LDY    

Dear Mr. Tiwary,

We refer to your below email regarding your credit card account.
 
•We wish to inform you that the total principal outstanding balance on the card account is Rs.9990.74 which is pending since 2008.
•Attached is the summary of your transactions which explains how the balance has accumulated over a period of time.
•Attached is the MITC for your ready reference which clearly states that bank does report its customer’s details to cibil.
•As explained earlier reporting to cibil is done monthly and hence accordingly your account was also reported every month. Since payment not received since 2008 hence accordingly the same was reported.
•The foreign transaction fee details have been mentioned behind the statements as well. May we explain you that these charges are levied by Visa and hence the same is reflecting on your statements.
•Intimation through letters was sent to all customers stating the fact that the accounts would be transferred to Phoenix ARC as per banks policy.
•Cibil gets updated every month and collections executive’s role is just to collect dues from the customers.
•Since your account is a part of Phoenix ARC the application form also is with them, hence you need to contact Phoenix ARC for the same.

We trust this clarifies the matter.

Thanking You

Yours sincerely,

Priyadarshini Jadhav


Office of Grievance Redressal
Barclays Bank PLC, India


From: Grievanceredressal
Sent: 05 September 2012 17:40
Subject: Barclays Bank PLC (Ref.no:HSE/120905/25/29/PJ/CRD)


Dear Mr. Tiwary,

We refer to your below email dated 4 September 2012 addressed to the office of Grievanceredressal . At the outset, we sincerely regret the inconvenience caused to you.

We wish to inform you that your query has been registered and the reference number allotted HSE/120905/25/29/PJ/CRD. Please refer to this number in your future communications.

We will respond to you in 5 working days. We request you to bear with us until then.

Yours sincerely,

Priyadarshini Jadhav
Office of Grievance Redressal
Barclays Bank PLC, India

==============================================================================

Sent: 04 September 2012 21:47
To: Grievanceredressal
Subject: Re: Barclays Bank PLC ( India )

As per you earlier email Rs.4891.74 was outstanding now you say Rs.5099. What was outstanding?

Also following questions have not been answered. Please review and answer each of these questions.

1. Please let me know the calculation based on which the amount reached Rs 24000+.
2. Please let me know why Barclays sent me no notice before reporting this account as defaulter with credit bureau (CIBIL).
3. Please let me know on what date my account was reported to CIBIL as defaulted.

Also I have one more question:

1. Where is the bank policy which states that you levy foreign exchange fee on refund or cancelled transaction?
2. You sold my account to Phoenix ARC without informing me. Why?
3. I looked at emails and remember that your recovery agents had called me dozen times a day but you didn't send a notice regarding report to CIBIL.
4. Please share a scanned copy of my credit card application. I want to see where I agreed to your bank policy regarding CIBIL reporting and foreign transaction fees on refund or cancelled transaction.

Please take your time and respond to all my questions.

==============================================================================

From: "grievanceredressal@barclays.com" <grievanceredressal@barclays.com>
Sent: Tuesday, 4 September 2012 5:15 PM
Subject: Barclays Bank PLC ( India )

Ref No:  CAS-5868965-GSVU4U/ CAS-5868966-49HK77/ CAS-5868967-IGYJBO

Dear Mr. Tiwary,

We refer to your below email regarding your credit card account.
 
•We wish to inform you that as per statements of November and December 2008 the principal outstanding balances of Rs.4891.74 and Rs.5099 have not been paid hence finance charges have been built on the card account.
 
•May we explain that status of an account is shared with the credit bureau on a monthly basis as a process. Hence due to non-receipt of payment towards the outstanding balance on your card account, the same was also accordingly updated with the credit bureau.

•The foreign exchange fee has been levied on the card account as per banks policy. Hence the reversal of the charges would not be possible.
•For cibil related issues and for refund of the excess payment, you need to contact Phoenix ARC since your account belongs to them.
•Cibil gets updated on a monthly basis irrespective of the amount outstanding.
•Timely response was sent to all your queries when you had raised your concerns in the past.

We trust this clarifies the matter.

Thanking You
Yours sincerely,

Priyadarshini Jadhav

Office of Grievance Redressal
Barclays Bank PLC, India

==============================================================================
From: Grievanceredressal
Sent: 31 August 2012 18:05
Subject: Barclays Bank PLC (Ref.no:HSE/120831/198/201/202/PJ/CRD)

Dear Mr. Tiwary,

We refer to your below email dated 31 August 2012 addressed to the office of Grievanceredressal . At the outset, we sincerely regret the inconvenience caused to you.

We wish to inform you that your query has been registered and the reference number allotted : HSE/120831/198/201/202/PJ/CRD. Please refer to this number in your future communications.

We will respond to you in 5 working days. We request you to bear with us until then.

Yours sincerely,
Priyadarshini Jadhav

Office of Grievance Redressal
Barclays Bank PLC, India

==============================================================================
Sent: 30 August 2012 21:46
To: Grievanceredressal
Subject: Re: Barclays Bank PLC ( India )

Dear Sir/Madam,

I am not satisfied with this response. Please reply to following:

1. Please let me know the calculation based on which the amount reached Rs 24000+.
2. Please let me know why Barclays sent me no notice before reporting this account as defaulter with credit bureau (CIBIL).
3. Please let me know on what date my account was reported to CIBIL as defaulted.
4. I had a dispute of approx Rs 2168 out of this Rs 4891.74 which was never addressed. Please see attached statements. I had made an online transaction in GBP which refelected in September 2008 statement with Currency coversion charges + service tax (Rs 948 approx). The order was cancelled and the refund reflected in October 2008 statement. However instead of reversing the currency conversion charges (because the transaction was cancelled), Barcalys again charged approx Rs 1219 for currency conversion + service tax for refund. I sent several emails to customer service and it was never resolved. Instead my credit limit was reduced Rs 10000 without prior notice. Charging currency conversion on refund is wrong and was a mistake on Barclays part.

All I owed to Barclays is Rs 2724 (Rs 4891.74 - Rs. 2168.00). Please recalcuate your dues on this amount and let me know the figure.
5. What's the process to remove WOFF status from CIBIL?

I have already paid Phoenix ARC Private Limited Company Rs 26000 to close (not settle) this account because you miscalculated. Please update your records, inform Phoenix ARC Private Limited and ask them to issue a refund for amount I overpaid.

Please note that I am very upset by discovering my name in CIBIL for an amount less that Rs 3000. If you look at emails from email id, you will find that I traced the status of my dispute for over a year and yet nobody bothered to resolve it. Instead your recovery agents kept on irritating me. Please research thoroughly and respond to all my questions at once. Please let me know if you need extra time to respond.
==============================================================================

From: "grievanceredressal@barclays.com" <grievanceredressal@barclays.com>
Sent: Thursday, 30 August 2012 6:00 PM
 Subject: Barclays Bank PLC ( India )

Ref No:  CAS-5866185-2IL4OL/ CAS-5866188-FDOZW1

Dear Mr. Tiwary,

We refer to your below email regarding your credit card account. At the outset, we sincerely regret the inconvenience caused to you.

We wish to inform you that the card account has been transferred to Phoenix ARC as per banks internal policy and letter intimation was sent to the customers pertaining to the same.

Further we wish to inform you that the principal outstanding balance of Rs.4891.74 was unpaid since 2008 hence finance charges were levied on the account and status was changed to WOFF. May we explain that status of an account is shared with the credit bureau on a monthly basis as a process. Hence due to non-receipt of payment towards the outstanding balance on your card account, the same was also accordingly updated with the credit bureau.

Further we wish to inform you that your account is transferred to Phoenix ARC Company, we request you to please contact. You can contact Phoenix ARC Private Limited Company through:

Call – Contact # 022-6605 4043 or 42 (10:00 AM to 6:00 PM)
Email - customercare.retail@phoenixarc.co.in
Letter –
Customer Care Retail
Phoenix ARC Private Limited,
7th Floor, Dani Corporate Park,
158, C.S.T Road , Kalina,
Santacruz (E), Mumbai - 400 098

We thank you for your patience and support in this regard.

Thanking You
Yours sincerely,

Priyadarshini Jadhav
Office of Grievance Redressal
Barclays Bank PLC, India

*******************************************************************************************************************************

*******************************************************************************************************************************

Sudhir Lal (Expert)     19 April 2013

I had a similar problem with CIBIL. I got in touch with Credit Sudhaar( www.creditsudhaar.com ) They are a crack team run by professionals from the financial services industry. Excellent responses, always available to take my queries.. These guys at Credit Sudhaar are ever reliable. you can contact them on 022-67886788

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