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Want to Live (NA)     18 June 2013

Credit card recovery harrasment

Dear All LCI members,

I had an ABN AMRO credit way back in 2007 which i had closed by paying Rs.24,378 in 2008, i remembered got a confirmation call as well for this payment from a landline number. those collection executive gave me a settlement letter & receipt of the above said amount & everything was closed.

Now suddenly after almost 5 years a got a recovery call from Kotak mahindra bank stating that Kotak has bought the debt of ABN bank & you have due of Rs. 36,000 on credit card i was shocked & told them that everything was settled & closed properly, but they continously calling me & somehow they managed my father, brother & sisters number & threatning them for payments. I told them they can move to court if they think that i have some dues. but not listening anything & called me 100 times in a day to harras me & my family.

In 2011 we have shifted our home & during that i have lost one of  my documents folder & i have lost that receipts & settlement letter as well, but for habbit i used to scanned all the important documents & keep a copy on my mail Id as well for precaution. so that helped me. I have all the payment receipt & settlement letter in scanned file.I have multiple receipts of the past payment as well. now the kotak mahinda bank is dening this settlement & asking me to pay Rs.36000. I felt cheated & dont know what to do. all of sudden they came after 5 years & asking for payments agaisnt the credit card which i have already settled.

Kindly suggest the sutaible course of action.

 

Regards 



Learning

 8 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     18 June 2013

1. Filed a complaint for threating and harassment to nearest police station. 2. Write a mail to top management of Kotak Bank with all the supporting documents. 3. Take the help of Advocate and issue the notice to the Bank.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2013

You can send mail to top management with all the supported docuements as brother Mr.Joshi advised and also you can submit grievance to banking ombudsmen 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     18 June 2013

@Rama thanks for adding banking ombudsmen

narendra.s.p (Chief Manager(Law))     19 June 2013

If Supreme Court delivers it Judgment in : Awaz", Punita Society, "Jagrut Nagrik" and Pradeep Kumar Thakur Vs. Reserve Bank of India and Ors. III(2008)CPJ98(NC) Commission order stayed by Supreme Court, Civil Appeal no. 5273 of 2008 . It will go a long way to help all Credit Card Holders.

Kumar Doab (FIN)     23 August 2013

Learned experts/members have given valuable advice. Kindly follow it.

Mr. Narendra.S.P has made an excellent contribution, and has enriched the forum.

Status of Appeal Civil    5273    OF   2008

 

Next Date of listing is : 04/09/2013

https://courtnic.nic.in/supremecourt/querycheck.asp


The decisions quoted by Mr.Mr. Narendra.S.P are attached. 

Approach your lawyer specializing in such and consumer matters, and show all docs you have received till date including from M/s Kotak Mahindra.

You have already settled the matter and you have the documents.

Your lawyer may opine that the matter is time barred.

If your lawyer opines you may lodge a complaint with;

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

THE DETAILED DUTIES OF DNBS CAN BE SEEN AT:

( DNBS:  Dept. of Non banking Services)

https://www.rbi.org.in/scripttts/AboutUsDisplay.aspx?pg=Depts.htm#DNBS

 

YOU MAY ALSO LODGE A COMPLAINT WITH:

. D Subbarao
Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

Proceed under expert advice of your lawyer.

 

 

You may find the threads on the harassment by recovery agents useful e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4


Attached File : 933666398 consumer forum and national commission decision.doc downloaded: 106 times

milesmaxx (Employee)     27 August 2013

I thin these tips might be helpful to you,:

1) Never let a communication from your bank go unnoticed. Banks do block the use of a credit card when consumers default and many assume that to be the final action from the bank.

2) What happens is that, the pending amount and the interest levied on it keeps growing till it becomes quite a tidy sum, this is when the recovery agent enters the scene to collect the dues.

3) When such a scenario poised for dispute happens make an immediate complaint to the bank and get an acknowledgment for the complaint.

4) A call to customer care does not help you at this point unless you take care to get a reference number that you need to keep handy when you file the complaint for future reference.

5) Do file a complaint with the bank’s website, where there is provision for this.

6) When there is no response from the bank in a week or two, the next step would be to file a complaint with the banking ombudsman appointed by the RBI.

 

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Miami Beach Florida Real Estate

Kumar Doab (FIN)     29 August 2013

When you lodge a complaint on phone do not forget to ask the CCE to read the complaint ‘Verbatim’ as punched by him/her in her computer…………………………..Of course obtain the complaint number.

You shall note that the CCE will not read the complaint verbatim, (statements and sentences written by him in English).

If you can, Record the call positively, create a file and keep the data card safely.

Submit minutes of each representation under acknowledgment.

There are many instances to indicate that the complaint is entered as per software/drop down choice created by the bank and even telecom companies……………………..so as to benefit them and their interest.

COMPLAINT AS NARRATED AND DICTATED BY THE CUSTOMER IS NOT ENTERED.

THE VOICE CALL RECORD IS NOT MAINTAINED FOREVER AND IS SELDOM BROUHGHT TO COURT OF LAW BY THE COMPNAIES.

Do not hesitate to approach your lawyer.

There is a need to form ‘Forums’ ‘Associations’ to fight the menace.

The hardened bankers/CC operators who for the sake of their job harass the genuine customers should be brought to stand in person in the corridors and box in court.

Majority of the offenders who spend their time in correctional centers (Jail) convert to law abiding, law fearing individuals and some them become even saint like.

Many of them are intelligent enough to quit the job and leave the city before a hard time may come upon them. It is not that difficult to track them.

CC companies throughout the world are apt at circumventing the law and avoid the noose.

The customer has to be properly informed and well prepared.

The customer that has used the CC should pay in time.

In one incidence, the so called Regional Head- Collections/Recovery of H*FC Bank had to appear in person in office of lawyer of the customers, touched the felt and knees, knelt, begged apology (Maafi ki Bheekh) , and everything for the customer was restored. He is now not seen anywhere in his fiefdom (shunted out), performed a vanishing act (but located again).

The one who wants that his dignity should not be touched has to have the resolve strong like steel. Everything is possible.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     20 November 2014

Hi kumar....kindly provide me this judgment

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