[aparnagharat]

had an scb credit card with me 5 yrs back,which is not valid now/rather di- continuedi had certain purchasing on my credit card ,which later on scb[standrad chartered] customer care i converted in emi paymentsthey started giving me loan facilities also on basis of emi.things were working smoothly,but after few months they started showinh non payments from my part,whereas on the contrary i used to pay them regularly
in addition to this they had some an internet pruchaing on my account whihc i had not did.and this was the time thing started going wrong.i was not able to understand there statments,amount of emi used to be very huge& not tally with my calculations.they used to continously pressurise me & my family on the phone & abuse my family members.later i told them to be in touch we me on e-mail which they never did & stopped there communication with me., because i told them as per me i have to pay you a very less amount which i will pay ,but need it on mail.but kept harrising my family., but that also stopped after a year.</PRE>
now afer almost 4 yrs they have started harrising my family member & threating them that if they won't give them my contact they would issue them summons of delhi court ,& my mother has to go to delhi & would be in problem.</PRE>
i am totally stressed up with this matter as my mother is being pressurised.
above all my worst problem is i don't any paper work with me now nor do i really recollect the calutations with scb - pls.help me in this matter,>



aparna

[jps50]

Immediately refer the matter to BANKING OMBUDSMAN, Mumbai by visiting www.rbi.org.in or bankingombudsman.rbi.org.in and send copy to Head Office of SCB. Give all the details and photocopies of supporting papers with you. Pl also mention uncivilised behaviour of recovery agents and how your family members are being harasssed. Supreme Court and RBI are very serious at stopping such inhuman methods of recovery by banks.

[Ganpat]

This is just by way of amplifying jps50's suggestions.

1. As per the Ombudsman scheme a complaint arising out of the operations of credit cards, shall be filed before the Banking Ombudsman within whose territorial jurisdiction the billing address of the card holder is located and not the place where the bank concerned or the credit card processing unit is located.

2. No complaint to the Banking Ombudsman shall lie unless the complainant had, before making a complaint to the Banking Ombudsman, made a written representation to the bank and the bank had rejected the complaint or the complainant had not received any reply within a period of one month after the bank received his representation or the complainant is not satisfied with the reply given to him by the bank.

There is also an interesting discussion here : Stanchart Cards Bank Harassing me - Right to Information. Though the thread is closed for further discussions, you can browse the same to get some additional ideas.

[aparnagharat]

thanks ganpat for ur suggestion.
but pls.note i do not have any paper work with me,also now they do not sent any thingin black and white ,only oral.

pls. suggset.

thanks
aparna

[Ganpat]

From your post #1, I gather that the last of the payments you had made was four years ago and during this period,there has been neither any payment by you nor any written correspondence between you and SCB cards. Correct me I am wrong.

There is something called the law of Limitation, which in this case is for three years. If you had not committed anything in writing acknowledging your dues during the last three years, then there is no way by which SCB can hope to recover any money from you legally, even if you happen to owe them.

Therefore quite naturally, they will resort to all sort of pressure tactics. Since you do not have any records of correspondence with you, the only alternative now available to you is to gather as much courage as possible and resist their pressures.

The common technique adopted by the card companies is to send goons, in the guise of recovery agents, for house visits. If anybody happens to visit you, don't show any fear and be very bold while dealing with them. First insist on seeing their id. Note down the full details like name, address, id no., contact phone number etc. Also ask for the name, designation and address of their superiors and make a due note of these also.

Tell this recovery agent that you have no dues to pay and the card co. can proceed legally if they so desire. The stock reply that most of these agents will give you is to show you a statement containing the details of their bills and charges. In that case, ask him to give you a complete copy of their bill/statement and that your lawyer will handle it further.

Sometimes they may say that, if you have paid up all the dues, then you should have taken a "no due certificate". You insist that you have already asked for it and the company has not bothered to provide you with one. Call the superior incharge right in front of this agent and tell the other guy that RBI has explicitly prohibited such coercive tactics and that you are going to report the matter to RBI as well as the police. Dismiss this recovery agent saying that you will meet SCB in the court.

Follow it up promptly with a formal police complaint narrating the entire incident and duly mentioning all the details of the recovery agent who visited you and his controllers.

If you are getting only phone calls and no visits, then note down the phone no. for their incoming calls. Threaten them that you are going to claim compensation for the mental agony that they are creating. Follow it up with a police complaint for unnecessary harassment, giving the timing of the call and the phone number id.

Always Remember: You have to display as much boldness and confidence in dealing with them and there should be absolutely no display of fear on your part. Even if you happen to be basically a timid person, the above suggestions should make you sufficiently bold to handle this issue. Good Luck.

[aparnagharat]

thanks ganpat for your valuable advice., i shall act accordingly.
nowaday they threaten by family ., like a lawyer calls from scb saying that i ways supposed to pay them Rs7,500.- whihc has now gone to Rs.90,000/- & they are ready for settlement.
also there laywer[which i don't know is a lawyer or not] says i they are not paid then this matter has already gone to a delhi court & if i am not available they would send summons in my mothers name,& she has to attain the delhi court.[all this is a telecon conversation whic they do]
pls.suggest what stand needs to be taken when they talk about court.

thanks,
aparna

[Ganpat]

As I said earlier, ask for the name of the advocate and his official & residential address. Note it down, along with the time and date of call. Also ask for details of his bar council registration, the place and regn number.

Install a caller ID in your phone if you dont have one. Best thing will be to buy an electronic voice recorder, a gadget that is available in the market for around Rs.3000/- and record the entire conversation. In all probabilities, the guy is not a lawyer but only a bully. Tell him to send the summons or notice and that you are ready to face him in the court. Also tell him that you are going to lodge a complaint with the bar council. Immediately follow it up with a complaint to the bar council, to the local police and RBI.
Write a separate letter to SCB that you will take immediate action, if this constant harassment is not stopped. Better I will draft the letter and post it here, if you so want.

Again Remember: When you receive any such phone call, you will have to dominate the conversation, putting the guy at the other end on the defensive. Let me repeat: Dont be timid; be very assertive and threaten him with dire consequences. When he talks about settlement, tell him that the only settlement you are willing to listen is about the amount of compensation that SCB is willing to pay for all the mental agony they have created for you. The trick lies in making the other man realise that you are fairly conversant with the due process of law and that you are ready to take up the challenge and win a fat compensation from SCB.

[aparnagharat]

thanks ganpat for your advice.
pls.draft me letter for scb.

thanks,
aparna

[jps50]

I could not attach circular of RBI dtd Apr 24, 2008 onRecovery Agents engaged by Banks No.DBOD.No.Leg.BC.75 /09.07.005/2007-08, as it exceeds the capacity of attachment. U can quote this circular when complaining to RBI and SCB. It is available on website of RBI. Banks have been warned not to resort to abusive and highhanded methods of recovery.

[jps50]

Pl also quote Supreme Court judgement in following case against abusive methods of loan recovery:

Parties :
Manager, ICICI Bank Ltd Versus Prakash Kaur & Others

Date of Decision : 26-02-2007 Court : Supreme Court of India

Head Note :
Banking Law & Procedure -Constitution of India -Article 136 & 226
Criminal Procedure Code, 1973 - Section 482 GÇô

Recovery of Loan by Banks - Role of Recovery Agents - Use of Abusive Language - Due Process of Law - RBI GUIDELINES -

.

[jps50]

U may refer following news and quote the minister of state, ministry of finance, Govt of India in complaint to RBI & SCB:
Publication: Times Of India Mumbai; Date: Mar 12, 2008; Section: Times Business; Page Number:21


Govt says RBI may ban loan recovery agents


New Delhi: The Reserve Bank could ban hiring of loan recovery agents by banks, which had been penalized by courts for use of coercive methods.

The ban could be permanent if the banks continue to use “abusive recovery practices”, minister of state for finance Pawan Kumar Bansal said. RBI would consider imposing a temporary ban for engaging recovery agents on those banks in case of which strictures have been passed/penalties have been imposed by a high court/ Supreme Court with regard to abusive practices followed by their recovery agents, he said.

The minister said the RBI has taken up the complaints regarding the use of coercive practices by recovery agents with the concerned banks for appropriate action. “In case of any violation of...guidelines by a bank, appropriate regulatory action is taken by RBI,” he said.

RBI has already issued instructions to commercial banks and non-banking financial companies clearly stipulating that “their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts,” Bansal said. The guidelines also stipulate that the recovery agents would not humiliate publicly or intrude upon the privacy of the debtors, their family members, referees and friends, make threatening and anonymous calls or make false and misleading representation.

As per the banking code, Bansal said “the collection policy of the bank (should) be built on courtesy, fair treatment and pursuasion...in consonance with the law”.

[jps50]

pl peruse posting on this site by Shri K. Shah, a Chartered Accountant athttp://www.bighelpers.org/articles/money-and-finance-1/

[sandeepbaheti]

If you can gather some proof or witness you can also go to consumer forum. For details of the procedure you can contact me and I shall be glad to provide you the details. For now you can go through these links:
Fine of Rs. 55 Lakhs slapped on ICICI Bank for using goons : Rupee Times

Human rights violations by the Indian corporate sector - Case of ICICI bank health for all

American Chronicle | How to Handle credit card goons

The last article explains how recovery agents falsely pose themselves as lawyers or policemen ready to arrest you under a warrant.

[sajithankachan]

I would like to bring to your notice that I am suddenly being harassed by calls from Standard Chartered Bank for payment against my credit card, closed more than 6 years ago.

Here are the details:

I received a call from Ms Priya from Delhi on 20th October 2008 from the phone number 01165296323, stating that she is from the legal department of Standard Chartered. She stated that I have a standard chartered credit card and there is some amount pending which needs immediate clearance. This shocked me, as I had paid all my bills and destroyed the card in the year 2001 and also requested to close the card. They had not informed any closure procedure and only advised me to destroy the card, which would be the end of it.

As I didn’t have much know-how of it I believed them and destroyed the card. From then on I received a few statements with zero outstanding, but when I called up Standard Chartered bank to inform them that I had destroyed my card and asked them to close the account they just told to ignore the statements. I don’t remember when the last statement was sent to me but for the last 6 years I have not got any statements, or notice or calls from Standard Chartered bank. I am very sure about this as the address and phone number given was permanent and we have been staying there for the last 20 years.

If according to them if I had defaulted why did the Standard Chartered wait for 6 years to contact me even when they had my contact details?. If I had received the same call somewhere in 2002 it would have been easy for me to produce the documentary evidence (bank statement etc.) stating that I have cleared all the pending balances. Now I realize that using a CC I will have to keep all the proofs of payment till my death or even beyond, so can be produced by my family or me whenever the bank calls up for checks.

I had received numerous calls from the number above from different people (Mayank Malhotra, Priya, Kunal, Malathi) in different tones (request and threatening) to go to the nearest Standard Chartered bank and pay up what they call the settlement amount (which has been varying from the first call 17000, 15000, 4900). On asking them to send written information clarifying the details of the card, the purchase done and why have they not contacted me in this many years, they bluntly refuse. They say they can’t give any information and what they only can do is issue a settlement letter after I pay up the settlement amount. It’s only on my repeated request that they sent me an email from a gmail account with a word document as attachment. The document had only an extract of a computer display and address where I had to go and pay the outstanding or settlement amount

Further to this I had send two registered post detailing my concerns and requesting information to the address given in the email which is Vijay Kumar Sharma Recovery Manager Standard Chartered amsri plaza 4th floor sd road secandrabad and to Priya Krishnaprakash, Head – Customer Care, Standard Chartered Bank, Customer Care Unit, 19, Rajaji Salai, Chennai 600 001. The registered post to the Hyderabad was returned.

I had also emailed a copy to the customer care at Standard Chartered, for which I have received an auto email as acknowledgment. However till date I haven’t received any communication from Standard Chartered, neither did the calls end.

It is great surprise how ill organized is Standard Chartered bank is and how unethical are the ways and means in dealing with Customers. They blatantly violate the RBI guidance on CC business.

I would like to now take the issue with the banking ombudsman.

[cyrus.augustus]

I am also facing the same issue and getting calls after six years. As per the details told by person phone I have paid my dues but they have cahrged some late fees and interest charges. In last six years amount has gone upto 31,000 . I have told them that there law of limitation but still I am ready to pay some reasonable amount. I got another call from the same person that they have considered my request and can pay 12,000/ to clear my dues. When i asked for proof or some statement I was told to come to some SCB office to which I refused since I have no proof that person on the phone is genuine or not.
I clearly said this amount is really too much and legally I am not liable to pay anything. I am paying only to avoid the harassment you are causing to me.
I was told that he will call me again later after speaking to some higher official but it never happened.
As of now no calls are coming but I am not sure when again these people will start bothering me.
Please let me know how can I solve this issue.

[sandeepbaheti]

Don't get harassed by the calls. They cannot take any legal action. Make it clear to them that you are not paying any money to them. Make fun of them, do everything you can to show them that you are not bothered by their calls.
If the need be, don't hesitate to inform the police.

[alert.association]

the same with my us. and top of it the bank has deducted Rs.23000/- from our account.
We are what should be done?

[Ganpat]

The two different threads on Stanchart credit cards now stand merged into one. Please go through the earlier discussions in the first 13 posts, where our members have offered a lot of valuable suggestions.

[tmdhar1325]

The SCB Cards have been harrasing me too for the past 3 months. I have cancelled my card in April 2006 with a residual balance of Rs 14.63 after settling the balance due to them.

Just to realise that a shocking call in October 2008 that I owe them a wooping Rs 38000/-. When I asked them they finally said I can pay Rs 19500/- and settle the account to which I have refused and provided he proof of my payment.

The cards division does not listen and wants to initiate a legal action which is unjust.

Please could you help me with any contact where I can file a harrasement case against the Bank.

I guess there are many more people that are facing such harrasment and we should all try and log a complaint against SCB which is conducting unethical business in India.

Please help

Murali

[tmdhar1325]

Originally Posted by cyrus.augustus

I am also facing the same issue and getting calls after six years. As per the details told by person phone I have paid my dues but they have cahrged some late fees and interest charges. In last six years amount has gone upto 31,000 . I have told them that there law of limitation but still I am ready to pay some reasonable amount. I got another call from the same person that they have considered my request and can pay 12,000/ to clear my dues. When i asked for proof or some statement I was told to come to some SCB office to which I refused since I have no proof that person on the phone is genuine or not.
I clearly said this amount is really too much and legally I am not liable to pay anything. I am paying only to avoid the harassment you are causing to me.
I was told that he will call me again later after speaking to some higher official but it never happened.
As of now no calls are coming but I am not sure when again these people will start bothering me.
Please let me know how can I solve this issue.

I too get same type of calls and they want to initiate legal action. Yesterday I got a call asking me if I got a call from their legal department. Looks like all of this is a big raud and this might be an indication to all of us that the Bank (if real) is trying to wind up Operations in India and take as much as money from here.

Let us give a police complaint against the callers and let us also see if these calls are from SCB.