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ppremila (manager)     10 October 2012

Credit card payment after 10 years

Dear Sir,

I had received a credit card from standard chartered bank in the year 2000. I had paid the principle amount of Rs 26,000/- for 2 yrs.

Since i had to go abroad,i had asked the bank to close down my account. after that i didnot get any information from the bank.

Now after 12 yrs they are calling my office board and Manager and harrasing me.The agency is shaw finland which claimds to be recovery agent for stan chartered bank.They want me to pay 10 lacs.

I am highly troubled. I cannot afford to pay such a big amount as i have other commitments.

The women from shah finland starts screaming and throwing dirty jargon the moment i pick up the call.I cannot understand her language. so i am baffled. Also they are talking to my manager and he asked me to sort out the problem

I don't know,why after so many years they are harrasing me ,I had already asked them to close the card.

What shall i do? Please advice.


 3 Replies

Pradeep Kumar (Lawyer)     11 October 2012

Same situation happened to one of my client. Anyway, do one thing,file a private criminal complaint and suit for injunction against that collection agency. Take the address of collection agency and take stern action against them. Don't get intimidated. Show your legal actions to the Managers and make them understand that matter is sub-Judice and please all my Indian brother and sister ,don't take any harsh steps of committing suicide for simple debts.(Just a message for depressed ones). Adv.Pradeep Kumar 9871765000,Gurgaon,Haryana.

A.SUMATHY 9380902017 (LAWYER)     11 October 2012

give criminal complaint and file civil suit for injunction

Kumar Doab (FIN)     16 October 2012

It is felt that the matter is time bared.

It is felt that you did not instruct this bank to close the card in writing under acknowledgment.

You might have not kept any record of transaction Id/reference number issued by bank for closing the card as per your phone call. If you have retained the itemized bills of phone, you can quote the call made by you.

10 years back the bank might have not inserted a clause in the CC issuance form that it can sell the a/c to third party.

The CC issued to you might have been issued on some annual membership charges and bank might have not closed the CC willfully and might have continued to levy the late payment, Finance Charges, interest etc. However it is difficult to believe that annual membership charges of few thousand rupees can become 10 Lac in 10 years.

This Shah Finlease is troubling you as it knows that you are abroad and shall get perturbed and be eager to settle the matter with bank/agency.

Your manger/employer is not under debt and bank/agency can not approach them. It is a tactics.

The regulators have issued strict guidelines for banks and its recovery agencies which they have to adhere to.

If at all you wish to respond to you are within your rights to demand the certified copy of the last statement showing a transaction of sale for which you swiped the card, all charge slips signed by you, CC issuance form signed by you, your explicit consent in writing empowering the bank to sell off you’re a/c to Shah Finlease, Bank’s all communication addressed to you and supplied at your last known address in India with its POD, notices issued by bank to you and to report you to credit bureau’s , bank’s letter that you’re a/c is sold to this agency and henceforth you need to contact this agency, report of filed visit by its collection and recovery dept, your explicit consent to charge the  late payment, Finance Charges, interest etc.

You may record the phone calls {audio} of misconduct by this agency.

You can authorize your representative in India, you can report to police, RBI, BO, BCSBI and can file a complaint with DCDRF thru representative, lawyer.

DCDRF shall be a better option.

Your lawyer can issue a legal notice to the bank to stop hounding you and provide certified copies of all related documents. Your lawyer may opine the matter is time barred and having instructed the bank to close the CC your have noting due to the bank.

You may find the attachments useful.

Attached File : 600618943 9 master circular on credit card operations of banks.pdf, 600618943 credit card operations of banks rbi circular.pdf, 600618943 rbi circular bank to obtain consent for sharing data with cibil.pdf downloaded: 284 times

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