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Divya (nil)     30 December 2009

credit card recovery

My brother is defaulting on a credit card payment. The concerned bank has sent us notices to attend court hearings & now they have sent a notice that they will seize our properties.

All properties belong to the parents. There's a mere 5% share of my brother in these properties. How can bank seize properties & what actions can they take for their dues recovery.



Learning

 21 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 December 2009

 PLEASE CONSULT  AN  ADVOCATE AND VERIFY THE CASE RECORDS OF THE BANK WHICH IT WAS  INTIATED.

GENERALLY CREDIT CARDS DUES ARE UNSECURED LOANS, THEY GENERALLY APPROACHING LOK-DALATHS AND CIVIL COURTS. NOTHING TO WORRY ,GET DETAILS FIRST AND YOU CAN CONTEST THE CASE.

Daksh (Student)     30 December 2009

Ms.Divya,

To me this is nothing but only a pressure tactics of the bank.  Give a befitting reply of the Legal notice by seeking professional advice of a qualified competent Advocate.  Last but not least if at all the matter has got escalated to court it might be either for settling it in Lok Adalat and otherwise the process should come directly through court.  I hope this satisfies your query.

Best Regards

Daksh

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 December 2009

Dont worry. This is routine threat of the banks in such matters. Property belongs to your parents and no one has any legal right to seixe of sale except them. Attend the court and seek all the relevant record put forth by bank and then by engaging a counsel defend the matter.

Padmanabhan S (Sr. Branch Manager)     03 January 2010

Basically, it is a question of whether or not your brother had defaulted on credit card payment. Since the answer is yes, it is his duty to somehow resolve the case. Mere contesting and delaying the proceedings would serve neither party any good. He can approach the banker and negotiate for a One Time Settlement(OTS). The banks are coming forward nowadays for any One Time Settlement and your brother would stand benefitted, if he avails of such an offer. Since you say that he has no other assets apart from 5% of the joint property, it would make things easier for a One Time Settlement.

But, if he is determined to delay or even evade the payment of the dues, then he naturally has to consult an intelligent lawyer, who is acknowledged as the best in this area. But then, the court proceedings may drag things for a certain amount of time, but ultimately, he may have to pay the dues. At that time, there may not be any possibility of Settlement. He would end up paying the total dues with interest thereon and also be known as a litigant in his area of operation. If he is a businessmen, it may affect adversely his reputation as well.

Now, he, or you on his behalf, can weigh both the options before you and choose the one that most appeals to you.

 

1 Like

girishankar (manager)     17 February 2010

Credit Card issued by banks by knocking ur door  is Dangerous one taht is more Dangeous one than HIV.

Kanaksinh P.Boda (Educationist/Lawyer)     18 February 2010

I agree with Girishankarji. A person known to me recieved  a bill  of Rs.5000/ for NOT USING the  free / complimentary credit card  issued to him by a renowned  Bank  . He has been told to pay or else he will be declared as debarred for any kind of credit from any other financial institution . The Bill is growing day by day.

Hemanth Kumar (student)     19 February 2010

Hi,

Credit Card ( Plastic Money )  spend know and pay latter.

It should be used judiciously to prevent undesired consequences. Never lend your credit card number to any of your friends or kin.   Especially  to online chatting friends.

Hope every thing goes well

girishankar (manager)     20 February 2010

Dear Hemant,

Credit Card ( Plastic Money )  spend know and keep on pay even after you Become latter.

Its a Real Cremenation Card......... Bankers will Suck Your Blood like Amazon forest leaches  till your Death

by issueing thier Credit  cards.....

girishankar (manager)     20 February 2010

Be Care Full Bhaiya........

girishankar (manager)     20 February 2010

                                                        CREDIT CARD APPLICATIONS

 

What it says: "We have shortened the application process..."
What it means: "We need lots of new members fast or we'll go out of business!"

What it says: "You have no predetermined credit limit..."
What it means: "We're not worried, we employ the Break Your Legs collection agency."

What it says: "Exceptional Customer Service..."
What it means: Except when you need it!

What it says: "Trained customer representatives await your call..."
What it means: "This is the part you talk into, and this is where you listen. Any questions?"

What it says: "To apply for membership, fill out this short form..."
What it means: You'll get the long form later.

What it says: "You may direct us not to share this information with anyone else..."
What it means: "Catch us, if you can!"

What it says: "We look forward to receiving your completed application. .."
What it means: "We baited the hook, let's see if anyone bites!"

What it says: "You've been pre-approved. .."
What it means: "You've been pre-approved to be Rejected!" or "We've already prepared your letter of denial."

 

Kumar Doab (FIN)     24 August 2010

The Kind of letters received by you are strange.

Refer to the attacthed file.

Your brother can agree to pay the principle amount, principle amount + interest.

But you can not be harrassed.

It shall be wise to show all records to a local lawyer and move as per legal opinion.


Attached File : 35 35 master circular rbi on credit card operations.pdf downloaded: 130 times

Kumar Doab (FIN)     02 September 2010

Aditya Puri MD of the bank is summoned by the court to face trial.See attachment.

The actions of the bank that too in writing including notice to seize property does not seem to be lawful.

You seem to have a good case and you should consult local lawyer and proceed against the bank and press to summon the principle officer of the bank MD/CS

1.Aditya Puri

Managing Director
HDFC bank Ltd.
Senapati Bapat marg
Lower Parel
Mumbai.India
2.Sanjay Dongre - Vice President (Legal) & Company Secretary

 

 

HDFC Bank Ltd., HDFC Bank House, Senapati Bapat Marg, Lower Parel (W),

Mumbai - 400 013.Telephone: 2498 8484 Extn : 3473,

 

Email id:sanjay.dongre@hdfcbank.com,

and 3. Local Branch Manager

and file for everything damages/defamation/extortion/criminal intimidation etc.

 


Attached File : 27 27 hdfc bank md summoned.doc downloaded: 148 times

radha (freelancer)     02 September 2010

The attachments shall be of use to you. 


Attached File : 18 18 credit card operations of banks rbi circular.pdf downloaded: 124 times

radha (freelancer)     02 September 2010

The attachments shall be of use to you.


Attached File : 38 38 25 25 credit card notice 3 .doc downloaded: 124 times

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