You may reject that you are aware that SC bank has sold, transferred, assigned all rights vide deed dated 9th February. If you have not made any request for settlement you may deny the claim of the company that you have made a request.
This company has mentioned that pursuant to your request and terms and conditions contained therein ………..You may deny that there has been any request and terms and conditions having been contained in being supplied to you. You may ask what are these terms and conditions and demand POD of having supplied these?
You may mention that compliance to the settlement shall be equal by this company, bank and you. You may mention that company shall check the cheques supplied by you like currency and shall supply you the certified copy of the cheques (photocopy attested by company).
This company has mentioned that appropriate status shall be mentioned and updated in CIBIL. Settlement status is updated as e.g. “written off” and is equally bad for being eligible for any loan. You may demand that company and bank shall admit their error to CIBIL with a copy to you and shall update the status as having reported by error and shall clean your credit history maintained with CIBIL, and call back your name from any other agency e.g. master Card negative Feedback List, Experian, Equafax etc or any other and that bank and company shall state in writing the complete list band address of all such agency (ies). Company shall be liable to be prosecuted if your credit history, credit rating and credit worthiness, is not corrected and you are denied a loan due to this company. if you do not get it this company shall demand another amount for repairing your CIBIL report.
You may pay by cheque only that too against a proper acknowledgment under original seal and signature of the competent employee of the company. This company should state in writing who is this competent employee and what is his designation, address. Bank shall confirm this competent employee in writing.
You may reject the condition of arbitration and venue of arbitration at Mumbai and arbitrator to be appointed by this company and arbitrator’s decision a s final and binding on you. You may insist on arbitrator to be appointed by you, venue to be your location, and decision of your arbitrator final and binding on the company and bank.
If you are comfortable with the amount of settlement you may accept the amount.
Ask this company and bank to write your old address, PAN number DOB, father’s name, Mother’s maiden name as in record of the bank and supply it by redg. post only at your lawyer’s address.
You may proceed as deemed fit.
