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sharma (Citizen of India)     18 August 2012

Fictitious due amout on credit card

Dear Learned friends,

I surrendered a credit card atleast seven years ago after clearing dues if there were any and forgot about it.

Recently when I applied for a Car Loan, the bank authorities rejected my application since the rating of CIBIL was below the norms of the bank. I got a copy of the CIBIL report and examined the reasons for low 'marks'. The reason is the 'write-off' of outstanding balance of the said credit card', amounting to Rs.40800/-.  On knowing this, I initiated correspondence with the credit card people, requesting them to let me know when did I borrow any amount on credit card and how could they arrive at such figure.  They did not clarify my queries to my satisfaction and recently sent a person to my residence with a proposal to 'amicable settlement' of around Rs.20000/-. As I was away from home at the time of that person's visit, I informed him over phone that I have been in correspondence with the card people and asked him not to visit our home anymore.

The objective of my correspondence with the card people is:

1. To get the negative remark removed from CIBIL report so as to get back my 'real' credit-worthiness;

2. To know whether I did take any amount on credit card, to become their defaulter.  If the amount I owe to them is real and genuine, I am ready to pay without any reservation.

To my shock and surprise, I was to learn from the correspondence that the amount was 'arrived' on the basis of some late payments/ realizations of my due amounts, interest (at 40+%) on such late fee and so on. 

There is no 'real debt' but only a fabricated, exaggerated and fictitiously arrived figure of Rs.40800/-.  Probably as a matter of punishment (for my right act of surrendering the card) my CIBIL rating was spoiling and my personal creditworthiness is badly affected.

I am attaching the copy of their latest reply, which is self-contradictory.

I request my Learned Friends to kindly advise me on the basis of above facts, as to how should I proceed against the card people for such unfair, unethical or rather illegal business practice. Kindly suggest me remedies available as per the law of the land.



Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     18 August 2012

Have the credit card company ever sent you any demand letter during these 7 seven years after the surrender of the card or did they communicated you before surrender of your card????

if not, then you are not liable for any late payment charges and you need to serve a legal notice through an advocate immediately.

 

You may call on 9324538481 for legal assistance.

 

Regards,

Advocate Rohit Dalmia

Mumbai


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