Standard Chartered Bank Sold My Banking Credentials to Shaha

Technology Consultant

 

Brief of what has happened so far.

 

  1. My car loan was rejected due to written-off status in my CIBIL report against an old credit card account.
  2. Logged on to www.cibil.com and obtained a latest copy of my CIBIL report.
  3. Found that the written-off statement was against a company called "SHAHA" (I didn't know what that mean)
  4. Called up CIBIL and found that the SHAHA means for a company called "M/s. Shaha Finlease Private Limited" and they deal with Standard Chartered Bank.
  5. Called up Standard Chartered Bank to find out what is happenning. SCB said I have an outstanding of about 39,000/- against a credit card I had with SCB, SCB refused to provide any more information and advised to contact "SHAHA". I referred my archives for all the SCB statements and found that the actual outstanding principal amount was 2,700/- after further digging deep, I found that I had sent a request to cancel my card account in the month of Jan,2008 which was not adhered to causing this entire mess (I have the email still with me)
  6. I refused to contact anyone except SCB for my credit card issue, SCB confirmed in an email that my account was sold to SHAHA  and there is absolutely nothing they can do about it, I gave up and finally reluctantly agreed to contact SHAHA after failing with multiple attempts to get the required information from SCB.
  7. It took me 3 week of daily calls to SHAHA to finally get to talk to someone on the other side.
  8. He advised he will look into the matter and will help me settle the account for something lesser.
  9. I ended up following up with him for about 2 more weeks with multiple calls and email in between and ended up talking to completely new person altogether at the end of the 2nd week.
  10. Explained him the same story all over again who promised for a call back after 30 mins, finally someone called me and demanded for 15,000/-
  11. I denied for paying anything more than 5,000/- (Not because I didn't have money) because I felt being cheated, I offered to pay Rs.5,000/- which I felt was decent enough for an outstanding principal of about 2,700/- for 3 years.
  12. I reported this to SCB Nodal officers at Chennai and New Delhi via email and phone calls, nothing worked.
  13. No positive response from Nodal officers either and they kept repeating the same thing to like a parrot (Contact SHAHA)
  14. I received a call few days later from SHAHA asking what is that I want to do, he also made a statement "Dena toh aapko padega, nahi toh..pause"
  15. SHAHA also threatened for further spoiling my CIBIL report if I don't adhere to their demands.
  16. This was enough and I finally decided to take the Banking Ombudsman route.
  17. I logged two separate complaints, one at Banking Ombudsman office Bangalore for the harassment and unacceptable demand for recovery amount and another one with Banking Ombudsman Channai for selling all my credentials to a non RBI authorized firm (I feel I am right).
  18. I am still fighting both of these complaints individually.

 I have spoken to RBI officers at New Delhi and am paying a visit tomorrow morning with a hope to meet someone who can help a frustrated Citizen.

 

While all the above is what has happened in the past three months with barely a day's gap for any communication in this regard, below are the documents I am in possession of, and also attaching few for the benefit of forum readers. 

  1. Standard Chartered Bank credit card cancellation request (Cancellation EMail Jan 2008.pdf)
  2. Banking Ombudsman Complaint Bangalore (Banking Ombudsman Complaint Bangalore.pdf)
  3. Banking Ombudsman Complaint Channai (Banking Ombudsman Complaint Channai.pdf)
  4. Letter sent to all the Standard Chartered Bank customer with misrepresentation of RBI circular (Stanchart Letter.pdf)
  5. Letter from Standard Chartered Bank confirming my account was sold to SHAHA. (SCB Email account sold.pdf)
  6. All the 7 statements from Standard Chartered Bank which shows the outstanding principal as on the date of request for cancellation.
  7. Standard Chartered Bank Credit Card Number: XXXX 7482 8020 2703

 

Regards,

Ajit Patil.

Jago Bharat Jago

 

 

 



Attached File : 122872 188951 49 stanchart letter.pdf downloaded 860 times
 
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Advocate

Such illegal acts of the banks must be addressed collectively at higher level, with Ministry of Finance- Banking Division and also RBI.


Total likes : 1 times

 
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FIN

Mr. Raju has given valuable advice. Kindly follow it.

You have mentioned in your post:

that you have the email communication vide which you had instructed the bank to cancel your card. Did you pay any amount as per your calculation as full and final payment? Did you receive any acknowledgment of your email or confirmation from the bank that your instructions have been complied with and card stands cancelled, and full and final statement of account is enclosed for payment and closure of account?

Usually all emails are automatically acknowledged by the server of the company.

Bank is under obligation to send you written communications, notices, under acknowledgment, to clear your bill and collections department follows up, and bank communicates to the customer that if the payment is not realized then they can report the credit history to CIBIL. All options have to be exhausted by the bank. Bank may engage recovery agencies duly approved by RBI, and bank is under obligation to supply the details and contact details of the recovery agency to customer. You are within your rights to ask the bank to supply you the RBI license number of this SAHA, or you can ask RBI whether this SAHA approved by them, and whether SCB sought approval of SAHA to be employed as their recovery agency.

Bank had your email id in their record and apparently bank has not supplied you any communication.

RBI has authorized the banks to set their fee up to a maximum amount of Rs.50/- for supplying the credit report of the customer. You could ask for it from the bank.

You can find these details at the website of RBI.

Hope you maintained the call records, i.e. date and time, phone number with STD code, name of the called person, and similarly for the calls received by you, and the bill of calls made by you, and bill of photocopies, courier/redg. Post etc sent by you, etc.... You may prepare a separate expense statement and claim the amount from SCB.

You shall find at CIBIL site that bank can file the status as Status: Options include: Suit filed, Willful default, Suit filed (Willful Default), Written off, Suit filed and written off, Willful default and written off, and Suit filed (willful default) and written off. You can check the details at: Your CIBIL credit report, in CIBIL site.

Hence even if you pay bank shall report one of these statuses. You shall need to obtain an order from BO/ forum/court to clean your credit history, stating bank was at fault, to CIBIL. However you are well within your rights to ask for the copies of the communications/letters/emails written by the principle SCB or its associates to CIBIL to include your name in the negative feedback list/defaulters, and also after you have won your case. Normally bank shall not give It., and they shall opt to give a copy of the CIBIL report, which implies that you shall still not get the status and cause reported by the bank, while bank after even a small clue shall ask for exhaustive reports from CIBIL.

RBIO has also approved new credit rating agencies in addition to CIBIL.

For lowering your prestige and defaming you and also threatening and coercing approach ("Dena toh aapko padega, nahi toh..pause") you can lodge civil/criminal complaints.

In another case posted in the forum SBI card promptly contacted the consumer and resolved the issue.

Please don’t think that you are alone!

 

 

Attachments mentioned by you at 1, 2,3,6,7 are not found.



Attached File : 60926 190040 20 reporting to cibil credit information companies.zip downloaded 584 times

Total likes : 1 times

 
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FIN

Pls find the attachment.



Attached File : 60926 190041 8 rbi circular bank to obtain consent for sharing data with cibil.zip downloaded 547 times
 
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FIN

Pls find the attachment.



Attached File : 60926 190043 45 rbi recovery agents of banks.zip downloaded 449 times
 
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Technology Consultant

 

Thank you Kumar, appreciate your help and advice, I have not uploaded all the attachments I have, just for the sake of confidentiality etc, but that doesn't mean I cannot (I will, if at all I eventually decide to)

Responding to your question, Did you pay any amount as per your calculation as full and final payment? ---> Yes, I did, but since they failed to cancel the card account and my Mother who apparently wasn't aware of the whole thing ended up using her suppliment card couple of time after my final payment (This could have been avoided if the card was cancelled immediately)

Did you receive any acknowledgment of your email or confirmation from the bank that your instructions have been complied with and card stands cancelled, and full and final statement of account is enclosed for payment and closure of account?--> Yes, the response I received wasn't a computer generated one (Attached is the email in which I have stated that I have made the complete payment+late payment for all the purchases made so far and requesting to cancel the card) which SCB acknowledged and advised to reconsider my cancellation request to which I never responded, which ideally means I am NOT willing to reconsider, so effectively SCB should have closed the account.

Coming back to CIBIL, I must admit that in the past few months I have learnt a lot about how CIBIL functions, credit rating, transunion score, statuses etc etc. so I good there.

I also admit that, I should have diligently followed up with the Bank to ensure my card was actually closed (I blame my offshore trip for this and lack of sufficient payment options from SCB to make wire payments etc, the only way I could have made the my mother's purchase's payment was to either drop a cheque or cash)

As far as SHAHA is concerned, recovery agents are people who are supposed to contact the customer to help them make payment (EMI, settlement etc etc), but selling banking credentials to SHAHA or any recovery agent for that matter is not something RBI has ever told any bank to do, based on the emails from SCB, SHAHA is not a recovery agent and is rather a company to who SCB has sold all of their NPA (Non performing assets) with the help of RBI circular DL.BC.29/20.16.002/2002-03 by misrepresenting it in an incorrect manner.

Keeping all these aside, one should also realize that SCB's lack of proper service and my lack of follow up with the bank for my card cancellation has caused this and not an intentional act of stealing money from the bank or anything of that sort. Considering this I offered to settle the amount for what I thought was appropriate, but it appears like bank thinks that I had intentionally fled away with their 2,700/-  and wants to get back 39k (This is what it shows in my CIBIL report) in return.

But interestingly this entire thing has brought up a very serious matter now, can a bank sell credentials to anyone they want??? can RBI circulars be presented in anyway banks wants???

My fight is not about my credit rating or the outstanding credit card bill ANYMORE (I can pay whatever SCB is demanding without a hitch), it is now about making sure that every SCB customer in the country who ever had/has any outstanding amount with SCB pulls up their shocks and probably be aware of what things are going to come their way.

Fortunately my brother who is a reporter at a leading newspaper is already in the process of getting things together to have my article printed.

 

Regards,

Ajit Patil.



Attached File : 122872 190071 54 cancellation email jan 2008.pdf downloaded 219 times
 
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Tech Architect

I think the 'Shaha' is a fictious company that is floated by Standard chartered for fleecing customers. See another report here: http://www.grahakseva.com/complaints/13911/standard-chartered-bank-credit-card-unnecessary-dues

 
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FIN

You have instructed the bank to cancel your card, and after wards if the bank has requested you to reconsider, and even if they offered reversal of some charges, bank can not claim that since you did not confirm after reconsidering your decision, hence they did not cancel your card.

-Hence you should not unnecessarily feel that you are at fault since you did not reconfirm.

-Bank having reversed the charges can not compute these again.

-It is believed that no where in your application form for the issue of the card, or later bank has sent to you intimation regarding % or revision of  % of their charges, and sought your consent. Banks at the most quote a printed statement from application form stating applicant agrees to terms and conditions of the bank.

However in many of the published decisions, forums and courts have not accepted this contention of the banks. Some of these are enclosed for your reference.

The cases decided by State and National Commission, BO are available at their website.

You can search for cases involving SCB, at various sites.

-Bank had your email id in record and has apparently not sent any reminder on your decision to accept their request to continue with the card. To inform or not again is your prerogative and discretion. In the absence of any reconfirmation bank is duty bound to send a confirmatory mail again to you at your email id followed by letter under acknowledgment stating in the absence of any reconfirmation, and your previous instructions card has been cancelled. Hence from the date of your instructions card stands cancelled. Bank does not enjoy any right to claim any charges.

-The additional card also stands cancelled with the primary card. You should maintain this.

-You have already expressed your inclination to pay principle amount if any.

- Bank had your email id address and has not sent you any notice, or bill for payment hence bank is fault. Rest of the exercise by the bank is to fleece you. You should challenge it.

-For cibil, stayam thing, you can sue the bank. You can order the bank to declare to supply you the complete particulars of any other credit rating in which your name has been included a defaulter and bank is bound to supply you the same under acknowledgment.  You are within your rights to demand dispatch details and POD.

-If you wish to find SAHA is company of SCB, you can find out thru RTI or discreetly from Registrar of companies. Department of Company Affairs has a Serious Frauds Investigation Department

You should contact a competent lawyer and issue a legal notice to the company and sue them in consumer forum and/or civil criminal courts as deemed fit.

 



Attached File : 60926 190252 53 sbi card consumer cases.doc downloaded 280 times
 
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FIN

Kindly update, the developments or decision. This shall help many who visit the forum.

 
Reply   
 
FIN

Kindly update, the developments or decision. This shall help many who visit the forum.

 
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