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saima (Bank)     26 June 2014

False statement by debt collect executive

I was unable to pay my credit card bill due to some financial reason but  Axis Bank collection executive approached me n asked to pay 32000 in two installment for my credit card settlement.my savings account was blocked n got debit with amount apprx 20500 on 30th jan 2014 and i paid 5100/- rs online on 29 JAN, after that I was promised that will get my settelment letter n rest payment has to be done in march after letter.

Now march is over collection  Executive is not picking my call and when i called him another number he mentally harassing me as well as after giving proof against him to Axis bank nodal officer, she clearly denied to help me  My account is lien again and blocked my Provident Fund amount appox 70000/-.

 

I also complaint in RBI Omdusment but still axis bank nodal officer not ready to pay my PF account and trying to save own executive. i need help what can i do my whole PF amount is taken by bank. Please help me anyone ..



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 7 Replies

Kumar Doab (FIN)     26 June 2014

 

Hope you shall take this post in positive spirit.

The settlement is adverse entry and shall spoil your credit rating.

The amount not paid by you from total outstanding shall be marked as ‘Written off’ and not as ‘Waived off’ and in future lenders shall find it repulsive.

Who had advised you to pay without getting settlement offer in writing?

Do you have any evidence that collection agent made such offer to you even if by call (audio/visual)?

Why should Nodal Officer of the bank that is employee of the bank help you and put his employer (bank) at risk?

Why should the collection agent that has done his job as per training and KRA’s given by bank be exposed to any risk, penalty, reprimand…………………………………………he/she has done a commendable job for his/her employer……………………………he/she would be rather getting certification of merit!

The banks shall claim the PF funds once received in SB a/c of the bank have lost its status of ‘Social Security’ and can be put under lien and banker’s right to set off.

The bank can not marl lien on amounts more than outstanding………………………..

Is your outstanding more than even Rs.70000?

 

Approach a lawyer with everything on record and let your lawyer find lapses and loopholes that may benefit you.

1 Like

saima (Bank)     26 June 2014

Thank you Sir for you kind reply and help, Yes this post put in positive Spirit, i really need help. Actually what happened  my account was lien(having amount around 25 k) then collection executive call me  where he said maam You have to pay 33200 Rs  (my account have already 25k around rest i have to pay), your lien will be removed n we will raise a settlement of same amount( 33k around).and also he clearly said pay sum amount now(5k something) n rest remaining in march(  i have only  whatsapp chat as proof where he mentioned).but in march he blocked my number n didnt responded to my call n msg. and When i complained to  nodal officer he told me your settelemnt was declined and i can't help you.and  i didn't get any mail, call or letter regarding decline of settlement. and this information hide by collection executive and he ask me to pay remaining amount and will give you settlement letter after that ...nodal office not agreeing this point even i have shown whats app chat as proof.

my total outstanding amount was 60k but they put charges on this and that amount is increased..90 around..now my whole pf around 70 k + 25k + 5k blocked

please help me.. What should i do ?

could i get call record on request to telecom ? 

i really stuck..right now i am in another location and no one helping me. 

 

 

 

malipeddi jaggarao (retired banker)     26 June 2014

What are the total dues according to the Bank and according to you?

If dues are all still outstanding, the Bank has the right of lien and set-off on all the accounts in its hand in the same name and style as that of card holder.

Hence go the Axis Bank and ascertain what exactly is payable and verify whether their claim is correct or not.

Lodge a complaint in Axis Bank website seeking full details of your liability.

Once your liability is determined, if it is non-disputable, you can pay the amount and ask the bank to release lien on your S.B.Account.

If it is disputable, make full calculations and forward it to the Credit Card Department for settlement.

What do you mean by saving the Executive?  You concentrate on your own problem instead of side-tracking the things.

S K KARNjhc (Legal Adviser)     26 June 2014

I'm quite agree with Mr Malipeddi sir, you should go accordingly. after that you may be able to move ahead with your lawyer if found to be needed.

Kumar Doab (FIN)     29 June 2014

You have posted that:

-----“My account is lien again and blocked my Provident Fund amount appox 70000/-.”

 

There are judgments delivered by Supreme Court of India and other courts taking light from it that implies retrial benefits can not be attached and even after the retrial benefits reach the hands of retiree these do not loose their character.

 

Hence lien on funds from PF a/c can’t be marked.

 

You may download the judgments from:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2#.U6-nYpSSwb9

 

 

---“  i have only  whatsapp chat as proof where he mentioned

 

This is a proof.

 

Without wasting anytime you may approach your lawyer specializing in such/consumer matters.

If your lawyer opines don’t hesitate to lodge complaint with VP_HR/HR Head of the bank, MD, Chairman, and also pull the offending agent, Nodal Officer, MD of the bank in criminal complaint in police and court………………………Let these offenders too loose their jobs.

Gather a crowd of well wishers and drill the sense into the heads. The Sahookar like mentality has to be erased permanently from such bankers and Banks.

 

 

saima (Bank)     30 June 2014

Thanks lot Kumar Sir,  Malipeddi Sir for you kind and quick response. i am too much frustrated and helpless..they have taken my whole 70k of PF plus 30k around what it was deposit. 

Axis bank collection executive Jatin told me that i need to pay 32000 for settlmnt of my credit card and i was asked to pay 27000 in Jan 14 and then he will give me settlement letter,I paid apprx 27000 in jan 2014 from my account and rest i was asked to pay in march after letter.He msgd me that my Settlement letter is raised.i have the records of msgs in Whats App. after that he didn't now t recvd my call and abusing on call even nt replyng my message.  and my account is lien and my Provident fund is taken by them, i had to pay my brother fee. now i  am helpless nobody is listening in axis bank and that axis guy cheated me and not receiving my call too. 

one more thing if they have cancelled my settlement letter then why they didn't communicated or inform by via mail or call. they are saying they have sent courier which is not receive by me. 

last three month we have conversation with Nodal officer of bank and she is not agreeing as well as i logged my complain in RBI bank omdusment still no one is listening .

What should be my next step ? should i wait for RBI response or lodge complian in court ?

 

 

 

Kumar Doab (FIN)     30 June 2014

Demand Certified copy of the Air Way Bill of the courier..............................and track the movement of the courier.

Also write to MD,Customer Care of the courier to supply you the complete detail of booking (By whom, for whom,AWB bill number, status of delivery-supplied/not supplied and whether it was returned to sender or not and if yes on which date..............................)...................

The foundation of debt collection is built on lies and lies worldwide.......................

It is once suggested that you may consult a local lawyer handling such cases..........................The fee of a lawyer handling consumer cases is reasonable........................you can inquire from DCDRF.......................a lawyer in your neigborhood can also help you.

It is most likely that you won't get any relief from BO..................


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