V Wadhawan (CFO) 11 October 2011

Time barred credit card dues

Hi Friends,

Recently in response to one of my friend's application for a loan from one of the leading bank, he got to know that Standard Chartered Bank has posted his name in SIBIL for a default of credit card due totaling Rs.13 Lakhs. On making a verification it is told to him that this card was issued to him in 1998 and this amount is outstanding since 1999. As per my friend's knowledge he never held any such credit card from this bank. Infact he is holding another credit card from the same Standard Chartered Bank which is active since 1999 and is enjoying a very good credit limit and rating from the bank.

Also to add to the above pioint my friend has never received any communication or recovery letter for this outstanding amount.

Can you please advise me what is the recourse is available to my friend to force the bank to withdraw his name from SIBIL and waive this demand of Rs.13 Lakh being raised now.

Thanks in advance for your time and effort

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4 Replies

ajay sethi (lawyer) 11 October 2011

1)send a letter to standchartered bank pointing out the aforesaid facts . that you have an impeccable credit history for last 12 years . enclose copy of cibal report . request the bank to rectify the false report showing that you have dues of rs 13 lakhs

2) in case bank fails to tekecorrective actio n complain to banking ombudsman

3) issue legal notice and file complaint with consumer fourm

Kumar Doab (FIN) 11 October 2011

Kindly confirm if the customer name address/DOB/father's name, PAN number in both cards is same.

Your friend should obtain certified copy of loan application, SIBIL report from this leading bank. As per RBI guidelines the customer/applicant can obtain certified copy of loan application without any charges, copy of credit report from the company by paying a fee of amount which shall be decided by company and can not be more than Rs.50/. Enquire what is the fee, pay it and demand to supply by regd/speed post, CIBIL reprot with name of the companies/members raising queries in the CIBIL report clearly mentioned, e.g Standard Chartered Bank and leading bank to which loan application was submitted.

Obtain a letter from the bank rejecting the loan based on negative CIBIL report. Bank is under obligation to supply it citing loan application number.

Submit letter to local BM of Standard Chartered Bank, and demand explanation how and why the bank has declared the customer a defaulter while the same bank is honoring another card number..........................and for the card dues in question bank has not supplied a single communication since 1998. The customer can demand certified copy of the forms and enclosures submitted by him for the issue of both credit cards, terms and conditions signed and accepted by him.

The banks have been maligning customers even if they are at fault and have used credit reports option to arm twist the innocent customers. If your friend is innocent bank should not be spared and legal action should be taken for logical conclusion of the matter.

RAKESH PIPRODIA (ADVOCATE) 07 January 2012

calling up customer care and interacting with the bank executives wont work, take a legal action.

VINOD VERMA (C E O) 02 June 2012

Credit Card issuing banks never bother about the RBI guidelines, only a criminal complaint along with police FIR can help you in overcoming this indifferent attitude of the banks with there Credit Card Customers. Act as soon as possible, moreover Credit Card dues are merely a civil liability and they can not proceed in criminal complaint unless you have issued any cheque to them and defaulted in its payment