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vishnuvardhini   31 July 2015

Icici collections call

Hi,I live in US. My family in India has recently started getting calls from Saravanan claiming to be with ICICI and that he needs 13k for the closed credit account after around 8- 10 years now.He has no proof or details about the 13k transaction and also refused to share his proof of employment with ICICI.I want to know why such calls come out in the name of ICICI.My full name is Vishnuvardhini Chandrasekaran. I used to have a credit card with ICICI in the beginning years of 2000 and I have no other information about the account or card number with me right now. I remember closing all my bank cards and accounts already. I am curious to know what's happening with the bank or the person who calls. I have emailed icici cust care to verify and explain.Is this a scam?



 14 Replies

Hardeep (Business)     31 July 2015

ICICI - and all other banks - simply circulate some pending lists to collection agents hired by them who have in turn very limited information and generally hope that their calls will hit home and they will be able to affect a recovery,on which they get a commission.

if you have closed all accounts  - and have not been informed of any debt for the last three years - then even if there is any such debt it is most probably " barred by limitation " and you may not need to pay it now. Though if it is a genuine debt you may still prefer to pay it so as not to adversely impact your credit rating across all financial institutions in India. Wait for The Bank's response and decide accordingly.

G.L.N. Prasad (Retired employee.)     31 July 2015

The proper way is to address the Bank through e mail and get the particulars, as by mistake there may be some error by any one of you.

But, remember that you have to draw cheque in the name of ICICI Bank A/c only, hence there can not be any benefit to such fake callers.

I do not know the legal position, as several Banks are still demanding and collecting dues even after three years. (limitation)

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 July 2015

At the outset, it should be made very clear that Limitation Act 1961 applies to every debt in India and Banks are not, repeat not exempt from the aplication of this act.  So if you have cleared all your debts and you have not signed any paper to the effect that the debt if any is acknolwedged before completion 3 years of such debt, debt if any shall be barred by limitation.  If as a good Customer, you wish to pay, you an very well pay, quoting your Card Number etc. by writing the cheque, as already advised, ICICI Bank account followed by your name (as noted on card) and followed by card number.  On the reverse of chque also write card number.

 

Now the menace of calls.  Generally, unless a serious flaw is there in the Bank records, matters shall not be handed over the recovery agents, who follow up for recovery.  Therefore, verify your records and find out the card number and with Card Number send a mail to the Customer Service.

 

Preferably, send such letter to the Bank by Registered Post with Acknowledgement Due, by Indian Post and not by some Courier who normally not give Proff of Delivery (POD). Ensure that resonable time passes and if still you are not getting reply from the Bank and the Agent is still calling your family, file a case before Banking Ombudsman C/O RBI Regional Office under which your residence is coming.  For more details on how to make complaint to Ombudsman and the format etc. please visit the website of RBI. You may use the following link to read FAQs 

 

https://rbi.org.in/SCRIPTS/FAQView.aspx?Id=24

 

The key is tracing your Card number and with it initiate correspondence with Bank and if reply is not received seek relief from Banking Ombudsman.

vishnuvardhini   31 July 2015

I appreciate the time and effort each of you spent on my case. I now have a good idea about this issue.I will wait for the bank's reply to my email for details however I know for sure I closed all my accounts from all bank and zeroed the expenses inorder to close them before I moved to the US (because we planned it all well ahead to help our relocation). I will come back with the update if it still has loose ends.

Thank you very much!

vishnuvardhini   31 July 2015

I spoke to the collections agent and icici customer service who verified and told me that my account was opened in 2003 and card had a last payment in march 2004 after which it was blocked.They do not have details of transaction accounting to 13000 that they say is outstanding.I have asked them to send me those break up with transaction details because I had worked with some ICICI agent to close the card during my last payment and the card was cut and trashed by the agent.Now after so many years they reached me even though they didn't reach me until 2009 (I lived in India).How do I get this amount waived off, because I dont want to pay it? Who should I talk to or get help from for this? However the customer service agent told me that after they retreive the data I could negotiate.

G.L.N. Prasad (Retired employee.)     31 July 2015

Recollect the mode of payment.  Generally, you should have paid only by means of cheque and in that case, you must be having proof of your Bank statement.

First let them provide the date of outstanding dues, and then search in your Bank account statement for that period  (I do not think that you have given cash to the agent).

In that case, you can provide details of such payments by seeking assistance from your Bank.  In case if the bank made a mistake, you may complain before District Consumer forum for unnecessary harassment and also to Ombudsman and claim compensation.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 August 2015

Better deal directly with the bank and settle the issue than inviting the wrath of the recovery agents,who are paid for recovering dues from the defaulters.

vishnuvardhini   01 August 2015

Yes, It makes sense to work it out with the bank. They will send me the retrieved data in 10 days and if it was their fault then I am going to go after them for all these and if they had closed the account with my last payment and then worked out some pending interest then I would talk to them to waive it off because that would be their fault again.It really is a disappointment to go through such times for no reason from my end :-(

Thank you everyone!

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

Let me presume whatever U have mentioned is true and correct,then immediately issue a legal notice to the bank stating the facts,nothing wrong.

G.L.N. Prasad (Retired employee.)     02 August 2015

Before issuing notice, just get the facts through documentary evidence.  If you issue notice, you may not get any document from them.  Act politely till you get facts from the bank, which is priority, rest is left to you and your advocate's advice on facts.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 August 2015

If U feel U have received the requisite suggestions from the legal experts,contact a local lawyer and act wisely.

vishnuvardhini   02 August 2015

I am currently recording the calls and will get the documentation too from ICICI and then take it from there.Awesome! Thank you for enlightening me with the procedure.

vishnuvardhini   17 August 2015

I can't believe that I am still getting replies saying that they don't have a record to prove that spent it rather they sent me a statement which only says the interest, fine or amount ICICI charged on my account. I don't see any outstanding amount which has my transactions in it.Yet they keep saying we may be able to waive off 2k , please pay 11k.I have emailed them again asking for details of my own expenses that proves that I left my account unpaid. When they say that they don't have any details older than 5 years from now their statement says ICICI charged me so and so charges in 2004.Iam confused as to what is happening and where things are going wrong.Could anyone throw some light on this please? Am I missing to see something here? This is not going to end if they continue like this and I don't want to pay because they are asking me to.

Thanks in Advance!

 

G.L.N. Prasad (Retired employee.)     17 August 2015

You have been advised properly in all above posts, without taking any guidance from learned members and implementing their decision, you continue to take your own path.

As advised in earlier posts, please serve register notice on the Bank stating that as per your records you do not have any outstanding, and you may also inform them that you are prepared to pay any amount, if they furnish statement of your account.  Please also warn them not to make any calls till the statement of account is provided.  You may also seek information about their circular copy on destruction of records, confirming that the records have been destroyed as per manual, and that particular account with outstanding was also destroyed and recorded in destruction register through affidavit.  Add in the last sentence that further calls without providing such statement has to be treated as harassment.


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