chandraprakash tripathi (sole propritor) 20 July 2013

Legal help regarding credit card recovery by agents

my name is chandraprakash tripathi, i have taken a credit card of axis bank, and the card was issued to me somewhere on , on card its valid from 07-12/2007 and valid through 12/10, that means card was issued to me in in december 7-2007, now i defaulted in payment and my card was blocked by axis bank, but after blocking the card i never got any call or intimation from the said axis bank regarding the payment, no notices nothiing till date, now all of a sudden recovery agent appears at my door on 17-07-2013 regarding payment of axis bank, now my conditon is not such i can make a single payment,, what i want to know is is axis bank legally in position for asking money say almost sleeping for 5-6 years, no notice or nothing was sent to me ever, what is the legal steps i can take as i have a family and when i am out the recovery agent will come and try to humiilate and embarass my family, also i dont have any single rupee to pay and if law says i have to go in jail for that i am ready, pls help, i stay in nallasopara west.

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6 Replies

Kumar Doab (FIN) 20 July 2013

If you have borrowed you should pay.

The delinquency shall debar you fro availing any borrowing in future……………..

You have hinted that you have never received or accepted any communication on debt.

Visit a lawyer specializing in consumer matters along with copies of all docs and record and your lawyer may opine that the matter is time barred.

As far as the bank is concerned it can produce the communications sent by it.

It might have forwarded your credentials to credit bureaus, recovery agencies, ARC etc…………

The visits by recovery agency shall be properly recorded by it.

If recovery agents misbehave you and family can proceed to lodge complaint.

You may find the following threads useful.

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.Uepk6NKAqWM

https://www.lawyersclubindia.com/forum/Harassment-by-kotak-bank-creit-card-recovery-84615.asp#.Ueme2MjLfaU

adv. rajeev ( rajoo ) (practicing advocate) 20 July 2013

There is limiation of 3 years to recover the amount. You said it is already more than 5 years. Tell the bank to approach the court and get recovery the money.

chandraprakash tripathi (sole propritor) 20 July 2013

yes that was my point which i wanted to say, at the time when i defualted in payment, i coult have done the payment then but not now, ibut what if the recovery agents they arent ready to listen, as you must also be aware that recovery in most of the cases is not always done by due process of law

Dr. Jyothi Vishwanath (Associate Professor of Law) 20 July 2013

If more than 5 years, it is time barred. Whenever the agent appears, never accept you owe something to the bank. Just say any claim, they must approach the court.

If they try to harass, approach the police.

subrata chandra polle (advocate) 20 July 2013

Please check a reported case of Apex court ..........Icici Bank versus Prakash Kaur. you will get all you answer.

Sankaranarayanan (Advocate) 27 February 2014

supreme court clearly given judgement on the above issue, So if the agent given trouble then file a complaint in your (jurisdiction ) police station and simply ignore them