legal help on credit card default legal help on credit card default

3 years ago

Hello everyone ,

My name is rajendra from Hyderabad,

I am unable to pay off my credit card bills due to job change in last 6 months and now no job, because of non payment interest has gone very high and now banks are asking to settle or pay in bulk , I have very genuine problems and no assets and gold with me, when I send mails to banks asking for time and convert into smaller installments none of them are helping

Sad part is they are calling very of my family members and friends and neighbour and spreading that I am defaulter

Bcuz of this I am not able to do any work in my life ,

As per rbi none of the banks have rights to disclose our privacy to society

I want to approach banks legally on this also asking to convert my cards outstanding into personal loan with smaller installments

Can any one suggest here please

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
It is civil case and they can approach the Court. Get issue a strong legal notice or file a suit restraining them from interfering into your private life and defaming you.
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Anish Palkar

Responded 3 years ago

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A.I have gone through your query in detail.
1) You have been the victim of bad times since the past six months or more... This Bank people generally outsource the recovery process to the third party vendor on some percentage ratio basis and so they are harassing the people and family members as you must have been using a ANORIOD PHONE in which you have downloaded the BANKING APP which 1st asks you to accept “ACCESS CONTACTS” & so they have got all your family friends & Relatives numbers.
2) Why don’t you tell your family & friends to file a police complaint that some unknown people / Recovery Agents with different numbers are calling them, a stern action will be taken.
3) All this has been banned by the RBI then to advice you that as the situation is beyond your control straight away tell to them that you are unable to pay the outstanding dues. The maximum they can do is keep your name in CIBIL and a secondary advise to you do not convert the credit card dues into the personal loan as credit card interest rates are not backed by RBI & once you get it transferred to personal loan again main point is from where will you pay. Do not mess-up by shifting the liability from one shoulder to another shoulder, it is of NO use, But 1st try to get yourself a good job or business & be stable then only you will be able to repay the bank dues. Don’t worry it is not a serious offence that the bank people will hang you. Relax due to COVID-19 the economy has already slowed down & you are not doing this deliberately.
4) Send a email to all the banks asking for more time & if situation improves tell them you have a very positive intend to pay & if they keep harassing you then you can tell that they may never the amount. Also record all their calls & make a pendrive ready of all the recording with date & time & Name of the person calling , as if things really go bad you will have to take a legal action against them.
5) But if you want then defending them and running the legal battle will be a costly task for you ….if you are ready for the cost then task of legal notices and all then I am sure none of the Bank agencies will Harass you anymore.

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ADV. ANISH PALKAR (High Court)
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