I couldn't pay my credit card dues
3 years ago
I am holding sbi credit card with the limit of 438000rs and due to Covid 19 factor I couldn't pay my credit card bills. My business was shut and there is no source of income for me. Recovery agents are came to my home and he met my father. He said your son has to pay 5.5 lakh credit card money and if he won't pay we will take a action against him like that. So I spoke to recovery agent that i need a settlement and I will close my account. Right now my card due is 575000rs with interest. The settlement offer they are giving 5 lakh if final but I told them i can't pay that much i will try to pay 3 to 3.5 lakh money. They are not agreeing for settlement. Please suggest what can do? Can i file injunction suit or bankruptcy?
A.Apply for insolvency in court.
1) As you was the regular payer of Bank loan/ credit card there is nothing much to worry as the covid-19 situation is NOT been deliberately bought by you, but it is due to the situations beyond your control.. & a national Disasters .
2) Using of any abusive language with your wife/ family members is very much illegal as the card is not in her name request you to record all the calls immediately along with the Caller name, time and date and save it into a pen drive forward it to us
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
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 just like you have paid regularly before & if they keep on harassing you then you can tell that they may never get 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) Now it’s the Time to file a police complaint that some unknown people / Recovery Agents with different numbers are calling them, a stern action will be taken.
6) But if you want to defend them and running the legal battle will be a costly task for you …as you have NOT mentioned what is your total outstanding dues. If you are ready for the cost… then task of legal steps are ready
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
1) As you was the regular payer of Bank loan/ credit card there is nothing much to worry as the covid-19 situation is NOT been deliberately bought by you, but it is due to the situations beyond your control.. & a national Disasters .
2) Using of any abusive language with your wife/ family members is very much illegal as the card is not in her name request you to record all the calls immediately along with the Caller name, time and date and save it into a pen drive forward it to us
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
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 just like you have paid regularly before & if they keep on harassing you then you can tell that they may never get 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) Now it’s the Time to file a police complaint that some unknown people / Recovery Agents with different numbers are calling them, a stern action will be taken.
6) But if you want to defend them and running the legal battle will be a costly task for you …as you have NOT mentioned what is your total outstanding dues. If you are ready for the cost… then task of legal steps are ready
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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A.Dear Sir,
It is a personal loan and the Bankers unnecessarily taking risk advancing the surplus amounts to its customers without taking any security. In this background they cannot sit on your throat to recover the same and there is a procedure prescribed under law like filing Arbitration or civil recovery case to recover the same. Till then you can resist their claim on the basis of the following judgment.
================================================================
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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It is a personal loan and the Bankers unnecessarily taking risk advancing the surplus amounts to its customers without taking any security. In this background they cannot sit on your throat to recover the same and there is a procedure prescribed under law like filing Arbitration or civil recovery case to recover the same. Till then you can resist their claim on the basis of the following judgment.
================================================================
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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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.agree or not to agree is their right.
but once agree, make sure it is closed.
how you will file bankruptcy if you have 3.5 lakh
no need of injunction suit or bankruptcy.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
but once agree, make sure it is closed.
how you will file bankruptcy if you have 3.5 lakh
no need of injunction suit or bankruptcy.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Share
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