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Q. Credit card payment

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Gopinath PG

posted 3 months ago

Collection team had sent a message
Respected sir/Madam,
we have couriered legal notice to your office and residential address. We are proceeding core legal and core collections follow up will be done now onwards. All your call recordings and mails false commitments are legally filed against you. kindly remit the payment before 12 PM 13.10.2018
No more time extension will entertained. Note please ignore if payment already done.
Regards RBL CARD

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A. Dear client there is procedure of bank to recover amounts.better way to raise your issue before banking authority

Deepak Bade

Experience: 9 Year(s)

Responded 2 months ago

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A. The Credit Card Department & Banker will follow the procedure As per the laid out for collection, You have to make decision to honour you commitment amicably with positive approach with the Card Dept., or Banker, alternatively contact a Banking & Finance Matter Lawyer from the panel of Vidhikarya of your location & jurisdiction quickly on all aspects of the issues quickly protect yourself from the recovery agents.

Ambrose Leo

Experience: 9 Year(s)

Responded 2 months ago

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A. Dear Sir,
It seems you have not executed any loan documents and withdrawn amounts on credit cards. If such is the case you need not bother. Let them go to Civil Court. It will take years together to dispose. Secondly, use following judgment.
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ICCI Bank Limited vs. Prakash Kaur case,

The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.

"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.

The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.

It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.

The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.

According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.

Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."

"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.

RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.

ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."

"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.

The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.

Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.

The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
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For full procedure contact me through Vidhikarya.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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Gopinath PG

Experience: 1 Year(s)

Replied 2 months ago

Thank u sir for your reply , once I receive the legal notice I will contact for further process

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A. You can try explaining your case better to bank authorities directly.

ARPIT BATRA

Experience: 11 Year(s)

Responded 3 months ago

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A. younhave not mentioned the status -balance of your credit card, you must not hide any thingbut explain each & every thing to the lawyer. For details contact some advocate through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 3 months ago

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A. There is a procedure for bank for recovery i.e., within 90 days if you fail to pay interest then it should turn your debt into a non performing asset and then it should give statutory notice and it should state the date on which it turned into a non performing asset, then the bank should go for Debt Recovery Tribunal or filing civil suit for recovery of the outstanding debt on the quantum of debt limit. Without turning into non performing asset the bank should not proceed. Notice is a mandatory before initiating action for recovery.

sistla ramakrishna

Experience: 29 Year(s)

Responded 3 months ago

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A. Dear Client,
The best option left out for you is to talk to the Manager of the Bank and try to find out his discretionary powers.What he can do.How best he can help you. He can better advice than any Advocate. or find out a Retainer /Advocate of the Bank he might be in a position to help you out from the crisis.
Shanti Ranjan Behera,Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 3 months ago

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Gopinath PG

Experience: 1 Year(s)

Replied 3 months ago

Thank you for the advice sir
Sir I got more 200 calls yesterday to make payment, but my position is very bad iam not able to spend for my medical expenses also, they put a pressure like I was suppose cummit suide, please give some legal advice how to get compensation for my mental pressure by their collection team

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 3 months ago

Dear Client,
It is difficult to give any legal advice without looking at the papers available at your end at least.I hope probably you have taken loan from a Private Bank and/or Financial Institution.
Still I do have one and the same answer.Everything depends upon your Agreement and the Repayment Schedule.How much you have taken, How much you have repaid ( towards Principal and Towards Interest) and how much is left out in terms of Amount and also the time.
Find out find out a workable solution.Talk to the Right person who matters. Hope something will come out.
Shanti Ranjan Behera,Advocate

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