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ABHISHEK GUPTA (ITA)     28 July 2012

Credit card dispute - transaction done on unsoliciated card

Dear Sir\Madam , 

I used to have the  standard chartered credit card which expired as on Sep 2011.

 

In the month of January 2012 , I happened to recieve a Credit Card statement through email  , stating that on 8th January 2012 , a total amount of  Rs.49856.31 has been transacted on my credit card through 7 different transactions in Mumbai with the physical use of card .

 

I was surprised, as I am not in india since June 2011 and I am still abroad.

 

I called the phone banking officer and they told me to block the card  and raise a dispute with the bank which initially i resisted saying the new card I have never recieved ,so its not mine but then i  agreed to block the card .

 

I raised a dispute with the bank , stating the above facts, and provided them with my passport copy with visa stamped document as a proof  , consequently they reversed all the charges in Feburary Bill cycle  and started  their "investigation". 

 

And since then, they started adding one or two transaction in every month Billing statement , asking me to pay the Billing amount in full . As of now they have added every transaction back.

 

So far I have kept on disputing in every bill cycle asking them to reverse the amount .

 

From the numerous email exchange, now I have come to know that as per their record they have sent me some new card on 11th August 2011 which was recieved by me .

 

but they are not telling me

 

1) what the identity proof they checked prior to delivery of card .

 

2) when and how the card was activated 

They are also stating in a email, as I have blocked the card on 27th January , so card was righfully mine .

 

As stated earlier in the message , I was not in India at the time when the card was recieved ( in India) . 

 

Can you please help me , How can I make them to reverse the amount , or am I actually liable to pay the said amount??

 

Thanks and Reagrds

 

Abhishek

 

 

 

 

 

 

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     28 July 2012

It can be noted the Bank/CC Company has your email id. Had you registered your mobile phone number also?

Did the company ever issue any communication to you seeking your concurrence to issue you a new card on expiry of the card? Did you grant any concurrence to issue new card?

The CC is usually dispatched by a courier of repute e.g. Blue Dart and the delivery person of the courier has to see original ID of the recipient of the CC to whom delivery is given. Once the delivery is given and confirmed by courier the CC Company calls the CC holder and confirms delivery. PIN number of the card is sent separately.

If your email id, and phone numbers were in record of the company, then  why the company did not communicate by means of effective mode of communication available to company including email id, phone number. Phone calls by company are recorded. If your phone number got changed and same number was allotted to some other consumer then the call recording would be in the custody of the company. If the person said he has received the CC he is liable to be prosecuted. You may apply your resources and find out the name and address of the new owner of phone number and keep it with you. The necessary action is to be taken by police and CC Company.

Since transactions have been made the police and also CC Company can obtain CCTV footage from its vendors at which transaction has taken place.

You have posted:

--“and started  their "investigation". “The report of investigation has to be shared with you e.g. name of company official which has conducted the investigation and printed report as submitted by company official. Apparently the company official has concocted the report to suit and benefit the company.

Did the company lodge a police complaint? Company has to.

Company is duty bound to provide you the AWB number and name of courier, and reply of courier to CC Company which should include the name of delivery person and investigation report filed by BM of the courier.

--“They are also stating in a email, as I have blocked the card on 27th January , so card was righfully mine .”

You had acted on receiving an illegal bill and CC is supplied by company without any direction, concurrence by you, Company has to catch hold of the person of the company, courier, and user of the card.

You acted immediately, called the CC company on phone from abroad ( ISD Call)  blocked the CC as per advice of  phone banking official ( quote date, time of call, name of phone banking employee, his/her phone number and retain the bill) and demand the copy of call recording, call log data, telescriptt of the call. You may charge the CC company has tricked you.

The companies and especially SC bank (as per various posts on this website) is adamant, recalcitrant, and offender of the highest order and it shall try all tactics including keep on adding the late payment, penalty, finance charges, etc and report you as defaulter to collection, recovery agencies, credit bureaus, CIBIL/Equifax/Experian/ MCNF ( master  card negative feedback list) etc………..and build pressure to pay up.

You may authorize some of your confidant/family member to initiate proceeding to defend your interest and approach a lawyer issue a legal notice to call back its illegal bills, and call back your name from all agencies including CIBIL in writing with a copy to you with comments that your name was wrongly reported, and supply you a free copy of updated CIBIL report. If the company posts as written off/court case it shall still have adverse bearing on you.

You may also file a police complaint and demand the copies of investigation report of CC company, courier, compel the company to file a police complaint, and consumer complaint in DCDRF.

You should drum that the CC issued was unsolicited.

You may log on to Confonet

confonet.nic.in/

 and you can find out various decisions by consumer forums in case of SC bank and others also.

You can rightfully approach RBI,BCSBI, BA, various consumer/legal/social help portals, NGO’s, print and electronic media etc.

pehredar@network18online.com

 

https://www.facebook.com/Pehredar

https://ashisha.com/consumer/

https://indiainsuranceonline.com/insurance-judgements.html

 

www.grahakseva.com/

 

 

 

 

 

 


Attached File : 423710845 right-to-cibil-credit-report-india.pdf, 423710845 9 master circular on credit card operations of banks.pdf downloaded: 110 times
1 Like

ABHISHEK GUPTA (ITA)     28 July 2012

Thank you very Much Sir ,

 

I am amazed !!! 

 

it was quick!! .... First of all.. I want to thank you very much for such a detailed reply so soon .. (more special considering its a saturday )

 

Yes I had a registered mobile number as well .. which is with other consumer now ..

 

As far as i remember I never granted for any such concurrence.

 

As per the email communication , they have shared the investigation report  by sending at my earlier indian mailing address . I have told them repeateadly that I am not in India and so I want a soft copy of investigation report in my email address . but have never got a response .

 

And after going through all this , I was actually looking for approaching a Lawyer, as its a tough task for my family member to pursue such a case . Would you be able to issue a legal notice on my behalf or can suggest me a lawyer who can help me with this .

 

I can be reached on abhi_becb@yahoo.com or +61421061199

 

Thanks again . 

Abhishek

 

Kumar Doab (FIN)     28 July 2012

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

 

https://www.lawyersclubindia.com/lawyers_search/#.UBP8eiIWrts

 

 

Related lawyers list is given below on this web page also.

Your family and near and dear ones also can guide you to a competent and experienced lawyer at your location.

The investigation report of the company and all communications, detail and telescriptt of phone calls should be shown to lawyer. If possible you may attach the investigation report  in this thread.

 

 

 

 

 

 

Related 'Civil Law' Lawyers

 

ABHISHEK GUPTA (ITA)     15 May 2013

Thank you very much Sir for your kind advice ,

Just wanted to update you the case is resolved now informally  .

Following your advice, I lodged a camplaint bith Banking Ombudsman in the month of November and in Feb SC bank officials again got in touch with me  and since then they again started their investigation .

And now just yesterday  found a person who actually recieved my card and did all those transactions .

At this point can you please also suggest me if anything special i need to take care of  take care of .

 

Regards

Abhishek

Kumar Doab (FIN)     15 May 2013

 

You may demand certified copy of:

 

 fresh investigation report confirming some other person used the card, certified copy of the bank’s written communication(s) { on letterhead of the bank, under original seal and signature of the competent employee of the bank with his name, designation, address clearly written below his name } addressed to credit bureau’s including but not limited to CIBIL, EXPERIAN, EQUIFAX, Master Card Negative Feedback List, Bad customer’s list maintained by bank, before their admission that the CC was not delivered to you, and after their admission also, letter begging apology in writing, ……….copy of AWB of courier/speed post, run sheet of the delivery boy,

what the identity proof they checked prior to delivery of card .”, “when and how the card was activated”,

A letter withdrawing their earlier statement  “They are also stating in a email, as I have blocked the card on 27th January , so card was righfully mine .

 

 

 and ask them to submit these documents to BO also.

You may obtain the certified copies from Boas well.

 

W.r.t to their statement "“They are also stating in a email, as I have blocked the card on 27th January , so card was righfully mine .”' you can charge them and pull them to court. YOu do not need to be present for case.Your layewr can handle.

 

The status of delinquent customer is updated with CIBIL 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.

 

 

 

Need to ensure that your status is not updated as any of the damaging status………………..

 

 

You may also demand latest CIBIL report showing name of the member bank (SC) and your status…………..


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