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Lavanya (Something )     18 October 2014

Credit card harassment

Hi, I had a credit card in 2005.. Had been using & replaying promptly. At one situation I wasn't able to pay. After which I had some collection agent calling frequently for payment. One point he brought a letter saying he can do a settlement amount less that what I owe the bank.. Thinking tht was true I payed him 4 installments ... All he gave was a letter saying final settlement in 2008.I live abroad now I come back her for vacation. Some collection agent comes & says my a/c is nt settled & I owe bank 110000 &  bank has 4 cheque of mine which are really old...I tell them I have already settle .. H is asking for the letter which got from tht old collection agent ( which I threw thinking I have nothing to do anymore) or the agent who settled his telephone no ... I told him I already payed & I can't pay again. What can the bank do to in a such situation. Donno  if it is bank is taking the money or collection agent . Can they file a case again me & arrest me? Also will there be any problem while I travel back to US. 



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 9 Replies

Sudhir Kumar, Advocate (Advocate)     18 October 2014

anyway it is time barred debt.

 

but you will remain on defaulter list of CIBIL

Lavanya (Something )     18 October 2014

Can they with hold my passport? What will happen to th cheques I gave how can they take action based on that. 

Sudhir Kumar, Advocate (Advocate)     18 October 2014

are cheques undated

Kumar Doab (FIN)     18 October 2014

If you have paid the settlement amounts then there is nothing pending. Bank has to produce from its own record which agent was deputed to settle and collect...............................and has to return the cheques.

If debt is time barred recovery can not be enforced and bank has to return the cheques.

 

If the cheques are obslete then bank has to return the cheques for replacement.

 

Approach  a lawyer if you are unable to handle the matter on your own an close the matter once for all on record, thru your lawyer.

 

Advocate Ravinder (Advocate/Attorney)     18 October 2014

Yes, it may be a problem to you.  What you have paid as settlement amount, the bank had adjusted it towards installments and not one time settlement.  You should have gone to the bank and bargained with bank for one time settlement and then you should have paid.  Now the case has become tough.  They can use blank signed cheques for recovery of money.  If the Bank files a case in the court and sought for your impounding of pass port and visa, it may trouble you and you cannot go to US.  Though your case is complicated, there are chances of winning if we fight thorougly.  It is difficult to explain you everything here.  For further details contact me 7893011777 or ravinder2345@gmail.com.

Lavanya (Something )     18 October 2014

After how long it is called time barred loan? Cheques are very old say May be 5 yrs.

Lavanya (Something )     18 October 2014

Kumar Doab... I paid a amount to the bank & got a letter saying Itz settled.. But the new collection agent says a/c is nt settled. They r saying they will do a lesser settlement amt. y do u think I shld meet a lawyer .. How do u think they will settle this with bank. 

Kumar Doab (FIN)     18 October 2014

The experts have already advised adequately.

If there is no admissin of debt by you in writing/on record the debt might have been time barred. Show all record to your lawyer and let your lawyer finally opine on it.

Mr. Ravindra.P has offerred to help you.

If you think you can handle your matter on your own,go ahead and close the matter once for all, on record, in writing. 

If you feel that you can not handle the matter on your own successfully, then get in touch with your lawyer and close the matter once for all, on record, in writing. Your lawyer can ensure that there are no errors this time, unlike last time when you setle d the matter with recovery agent.

T. Kalaiselvan, Advocate (Advocate)     19 October 2014

Your loan as it is appears to be barred by limitation because it will remain valid only for three years, now it is more than that.  Your stale cheques cannot be used by them now.  You need not worry that will impound your passport or arrest, this is legally not possible.  Do not ever commit in writing to settle the amount any more, consult a good lawyer and proceed further as per his further advise.


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