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(Guest)

Time barred credit card dues

Dear Experts,
I held few credit cards from 2005 and very much regular in repayment without any default for all the cards till mid 2016. Due to financial instabilities and losses in 2016, I managed to pay minimum amounts till June 2017. After that I didn't pay single rupee to any CC account. My queries here are:
1. ICICI Bank kept my savings account on hold/lein and my gas subsidy till early 2020 deposited in that account and they held that amount in lien even I didn't pay intentionally. In this case will it be time Barred?
2. SBI updated my last payment date as January 2020 in credit report, which I never paid a single rupee. How can it be handled?
Thanks


Learning

 9 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 April 2021

1.  Card Co. is legally entitled to file Criminal Proceedings against its defaulter Credit Card subscribers.  There is no exception to this, including time limit.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Advocate Bhartesh goyal (advocate)     28 April 2021

Better make the due and outstanding balance to bank else bank may initiate criminal proceedings against you which has no time limitation.

1 Like

(Guest)

 Credit Card Dues are unsecured loans and doesn't fall under criminal law. Lot of threads in this forum itself confirm the same. Can you please let me know how can a bank proceed criminal case for credit card dues and after 3 years of no transactions why it is not time Barred?

 

Sankaranarayanan (Advocate)     29 April 2021

yes it should be claimed within 3 years . 

Pradipta Nath (Advocate)     29 April 2021

Firstly it is for the card company to choose their course of action, whether to file criminal or civil case against you!

Secondly, if criminal case is filed, there is no time bound.

Lastly criminal liability doesn't depend upon secured or unsecured loans. It depends upon the facts and occurrence. In case court take cognizance, you are ought to defend it!

Better to pay the outstanding or go for any settlement scheme. 

1 Like

G.L.N. Prasad (Retired employee.)     29 April 2021

You can not expect any reply that suits you and shows the way how to evade repayment of dues to a financial institution.  It is the duty of citizen to repay the dues to a financial institution as FI has not advanced the amount from it's coffers and it is the money of the general public that is involved.  There is no limitation period unless the loan is disputed with such facts in reply to such recall notice.   If the dues are sold to outside agency, then you will realize that you have done a mistake.  The tactics followed by recovery agents (outside) are brutal.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 April 2021

I do agree with Shri G L N Prasad.  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 April 2021

Legal action can be taken in case of credit card payment default. This can be made into a civil dispute and the case can be filed in the court of law.

1 Like

Dr J C Vashista (Advocate)     30 April 2021

Credit card is a facility provided by financier to its customers on certain terms and conditions.

Limitation of 3 years is there from last transaction in your account.

It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

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