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James (S)     23 December 2013

Credit card fraud

Hi ,

Two years before i had a call from bank to have a loan against my credit card.But draft was not delivered to me.The bank demanded me to have a indeminity bond of Rs.220/- to reissue the draft otherwise to pay the loan amount .From next monthly statement the amount started to  reflect.Later i have shifted my address and not recieving statement and other written communication.Now iam getting daily continous harrassment calls demanding repayment.This calls now extended to my family members,friends and to my office number, which extended me to file a criminal case as a phone harrassment.Now the card is blocked.Uptill now ,I have received only phone calls in my present address.I have given a e-mail complaint to bank but not received satisfactory reply.The present  recovery amount is including other transactions I had earlier.Iam not ready to repay this since of latter issue.

What is the permanent solution for this?

Should I proceed to banking  ombudsman,even though I havent received any legal notice?


What is the validity of the legal rules in this case?

What will be the banks next predicatble steps?


 5 Replies

Advocate Rakesh Raja (d)     23 December 2013


These are the possible solutions:-

1. Friend there are guidelines regarding credit card on RBI website, Please read it carefully.

2. Bank generally file suit for recovery under Order 37 Code of Civil Procedure.

3.  Bank People cannot harass you for recovery they can recover the amount through legal way only.

4. Put the case in Mediation Cell and try to solve  it via mediation.

Best of luck.


T. Kalaiselvan, Advocate (Advocate)     23 December 2013

In case of continuous threats over phones, you may lodge a complaint with the police giving the call details and the particulars of the person who has been torturing you, in the meant time write to the higher officer of the bank giving full details of the said transaction and ask him waive off the issue , if he is not responding properly, you may issue a legal notice and follow it with a case in consumer forum.

James (S)     28 December 2013


I have given a police complaint against them as a phone harrassment. I have given a complaint to higher bank officials but no satisfactory reply.

  1. Since i have moved from previous address and no communication to bank,is there is a chance that the bank will move a criminal case considering as a fraud case.
  2. Presently iam getting frequant calls only.I haven't recieved any legal notice .How can I move to consumer court without any solid legal notice.

chetan (Accountant)     01 April 2014

I had two credit cards in 2003 and had settled these then. In March last month i got a call from a recovery agency stating that i have an outstanding of many lakh of rupees and i had never settled these cards. Later the agency said they checked the statement and the amount which i had paid as settlement was not counted as settlement and was accepted as regular payment.

The agency person said that the bank was trying to find me and just because i was not traceable they gave my case to this agency.

When I settled my card 11 years back that time too it was done by an agency and after this settlement no one ever came to my house.

I wrote to the bank people and they have asked me to show proof of settlement. Problem is in 2005 there was heavy rainfall and part of our house collapsed and lot of documents were spoiled. I do not have proof of the settlement letter.

My question is if i had not done settlement then why was i never contaced in my house. Although if i changed my job/s, my residence is still the same.

If the bank did not update their records at that time how is it my fault. Also, when my settlement process was happening no one else apart from this representative from the agency came to my house. Which means this agency was appointed by the bank.

Kindly advice as i do not intend to pay again for what i have already paid. 

NoelleSun (staff)     03 December 2014

Are you tired of charge card high fees and interest? Why don’t you try the PenFed Promise Visa? They have great deals and beat any charge card out there. All you have to have is a tie to the U.S. military. A short term loan will help you pay your credit card bill.

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