• Uncleared credit card dues in Gulf

Dear Sir,

My Husband was working in 2006 in UAE. His employer had taken some credit card on his behalf in Gulf he had assured that he would make the timely payment. My husband came for marriage in 2007  on one moth leave. During that period he received the call from his employer stating that his job has been terminated due to recession. After few month she started receiving call from the bank in Gulf about the unpaid dues. After coordinating with his employer in Dubai the payment was done. But after few years these people have started harassing and calls me in my office and use all offensive language . Please can you help me to sort this out.
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
1) if the payment has been done no money is due and payable 

2) in any case claim if any of bank would be barred by limitation . 

3) next time you receive threatening calls record the threats . also ask them to forward detailed statement of account 

4) lodge a police complaint against the said persons for criminal intimidation . 

5) under no circumstances acknowledge your liability to pay the outstanding dues
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. Since your husband has cleared the credit card dues he is not liable to pay anything to the bank. The bank cannot file a lawsuit for recovery against your husband as he has paid the debt.

2. You should record the telephonic conversation when you receive a call the next time. Take the conversation to the nearest police station and file a complaint for criminal intimidation. The caller and the person who sanctioned the call can be arrested and put behind bars. Supreme Court has come down very heavily on banks/financial institutions who employ recovery agents  to harass and intimidate the borrowers.

3. Do not accept your liability under any circumstances.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1) as mentioned earlier claim of bank would be barred by limitation . bank has to file suit to recover dues within period of 3 years . 

2) if your husband has not made any payment in last 3 years nor acknowledged his liability bank cannot recover any money 

3) as advised earlier record telephone calls received , name of person who is calling , his designation and lodge police complaint against said person for criminal intimidation .
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
do not worry when your dues are clear. also any claim has to be contested by them in court which they cannot do in case a time period of three years has gone by. any abusive language or criminal intimidation  or threats can be reported to the police for appropriate action.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
Hi, if they want to recover the money they have to file the case or else don't worry cut the call immediately  and don't bother about them.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
If they use abusive language then immediately file a complaint against them before police and court.

if there is any due on your husband then they have right to file a civil suit for recovery before court and have no right to harass your husband via phone using abusive language.

Contact a lawyer personally, it will be better
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1. If there was  a loan lying in the name of your husband then he is liable to pay it back legally,

2. No body will listen to the story that te card was taken by his employer who withdrew the money etc,etc,

3. If such thing has happened then he should have reported the matter to police. Since he has not done so, then he is liable for repaying his outstanding dues,

4. However, he can escape from the clutches of the Bank since the claim has already been berred by limitation,

5. If the Bank files any Recovery Suit against your husband for the amount taken in the year 2007, then it will be rejected by the Court for being barred by limitaion,

6. So, your husband is legally safe in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. However, under no circumstances, the Bank or its agent can disturb you by abusing you over phone,

2. Audio record the abusive calls and lodge a police complaint under copy to S.P./D.C. alleging against the said Bank for abusing you. After this file an application u/s 156(3) praying for direction upon police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. If your husband has not repaid the amount then he is liable under the law to be sued for recovery of the unpaid amount along with interest. 

2. What goes in your husband's favour is that bank is well past the time limit laid down under the law to initiate proceedings for recovery of money. 

3. The above being said, it is in your husband's interest to settle the issue amicably with the bank. Legally speaking, the claim of bank may not survive in the court as it is now foreclosed by the bar of limitation, but your husband will have to contest the case if and when it is filed by the bank, which will require him to engage a lawyer by paying his fees. If the court upholds bank's claim he will be liable to pay the unpaid amount along with interest thereon and the cost incurred by the bank on the court proceedings. 

4. It may also be added that under no circumstances the bank can take the law in its own hands and harass or intimidate you. The next time you receive a threatening call from any one claiming to be an employee or recovery agent of the bank you should record the conversation and carry it to the nearest police station to lodge a police complaint.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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