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lalita   12 March 2015

Credit card harrassment

I am woman and I was holding credit card of a major bank around 5 years back. I was making few payment of 1000 to 500 rupees since last few years. The total amount due for actual amount of credit used by me was around Rs. 80000/- but he bank told me after all the accrued charges and interest now it around Rs. 300000/-. They started harassing me me with all threatening calls and then threats for taking legal action. I told them that I have no job and am going to difficult financial situation currently . still I spoke to them agreed that right now I can pay Rs. 50000/- and settle the matter but I they are not agreeing with me. It becoming a big headache. Further, the problem is that after almost a period of 2 years after I stopped making payments today on 12th March 2015 I have received a notice from the Civil Court considering it a summon from court. The notice has a date of more then a year back 25th February 2014, the notice is stating to represent my self in the court within 10 days. The notice was received by my Dad as I work in another city, It is impossible for me to visit the court as I am currently far from my home place and in another city.


I am really very upset with all this as the bank is not agreeing with the settlement amount and then threatening me with all these actions.


please suggest what can I do to be free from all this stress. It is affecting me mentally too.


 8 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     12 March 2015



Need not to worry mam, appoint a local counsel and send him to appear on your behalf.


I am sure they will settle the matter at a mutual amount .....



Kapil Chandna Adv


Shyam praveen (practice)     12 March 2015


You did not disclose as to you received any legal notices from the said bank asking you for the payment. And the summons dated 25-2-2014 reaching your address on 12-3-2015 wherein it was said that  you are required  to attend a case within 10 days therefrom, is unbelievable, to put it frankly (unless it is not one of those "believe it or not" real stories that showcase the performance of postal authorities, on the flip side).

Still, you can ask your people to check the court records as it is only 1 year (the date you received the summons ) back the case has started, which in all probabilities, be decided against you and in favour of the bank, which enables them to file an executive petition to realise the decree passed against you.

If you are lucky and the case is not yet decreed, you can file a petition and contest the same and meanwhile talk to bank people for an OTS (One Time Settlement) and close the case once and for all.

Shyam Praveen

Kumar Doab (FIN)     12 March 2015

If there is no admission of debt by you in the last three years then your lawyer may opine that the debt is hopelessly time barred and recovery can not be enforced.


You may show all docs on record to an able lawyer dealing in such/consumer matters.

It is possible that the notice is backdated and you may check from the date/Redg/Speed post number on envelope and from website:

on which date it was posted.


If it is normal post your lawyer may advise you accordingly.


If the debt is time barred but you are still willing to pay then you may negotiate to pay the principle amount or any amount suitable to you but demand that Bank shall agree to clear your credit history for time barred debt and CIBIL and it shall have NO adverse bearing on your loan taking ability in future.


From your post it is felt that you are unable to negotiate hence seek the counsel of some seasoned personnel.

Don't write anything on your own.


CC is for convenience and not to default on borrowing.

Don't take CC if you are unemployed or unable to pay.


There are many threads on similar queries e.g.;


You can search many more at:



just punch key words in box 'Search Topics and Posts' on right hand side...


Sudhir Kumar, Advocate (Advocate)     14 March 2015

you have not intimated whther t is notice from civil court or criminal court and whether any cheque has bounced.

lalita   16 March 2015

I have received the notice from Civil Court and it was given by a court person to my Dad. And I have never issued any cheques nothing was dishonoured. I was upfront with the bank to accept a offer from me and have been to various offices on time to speak to their representatives. But they were so adamant and did not settle the matter instead of it started harassing us.

K.P.Satish Kumar (Advocate)     16 March 2015

File a suit before the proper court and obtain a direction from the court that your peaceful living should not be distrubed without due process of law. Then the bank agents never come to your place and harass you. And you can also make amicable settlement through the court. 

Kumar Doab (FIN)     16 March 2015

Show the notice whatever it is : Summary Suit/Recovery suit to your lawyer and appear and contest.


If you want to settle better find faults. 

Sudhir Kumar, Advocate (Advocate)     17 March 2015

you have not intimated whther t is notice from civil court or criminal court and whether any cheque has bounced.

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