cpc

debt collection


I was working in Dubai till 2005. During this time I had a credit card from a bank in Dubai and I left Dubai without clearing it. But I got a call from a Debt collection company from Mumbai in 2006 and I have repaid all my balance in 2007. But unfortunately I did not receive any clearance letter from this company till today. Now in 2013 another company is asking me to repay the amount again. I have asked the previuos company repeatedly for the clearance certificate but nothing happened. I do have all the e-mail correspondence with the previous company. I request expert's advise to help me in this matter.

 
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FIN

Go thru the language and words stated in emails carefully. It shall be appropriate to show the demand of payment raised by bank, emails of the collection/recovery agency/ARC to a lawyer experienced in such matters. Your lawyer may opine that even if there is some leftover debt it is time barred. Or your lawyer may advice to issue a legal notice to bank and both agencies and pull them to Lok Adalat, DCDRF etc…

Has the company stated an amount say Rs…….is the full and final amount to be paid within say dated……..???

Have you paid the FNF amount within the fixed date??

Do you have the proof of payment?

The Banks in India are required to keep the list of its collection/recovery agencies/ARC etc on its web site. You may check if the previous company features in the list updated by the bank?

Has the new company raised its demand of payment in writing or it is verbal??

Record the telephone calls of the new company and instruct it to supply its demand by letter on its letterhead under original seal and signature by hand of the competent employee?

Based on the letter of the new company you may proceed further.

Valuable advice of learned experts/members is sought.

Issue a notice to old company and the bank for not supplying you the acknowledgment and FNF settlement of you’re a/c.

 
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Advisory/Advocacy

If there were no demands from 2007 to 2012  then the bank has lost their right to litigate the matter (limitation), what is left is other means....

 

 

If this new company is authorised to collect debt then you should inform them, and specify that you have no outstanding debts....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 
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