• 8 year old credit card dues

I have been getting calls from Kotak Mahindra for recovery of 8 year old ABN Amro CC dues. I have not confirmed that I owe them anything and have denied the dues. Now I have received 2 calls from a person who says that he is from Arbitration court and wants to confirm the address where I do not stay anymore. I have not received any notice thru email or whats app.
What should I do in this case.
Thanks
Anil
Asked 4 years ago in Civil Law

3 answers received in 30 minutes.

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18 Answers

Claim of bank is barred by limitation

2) suit ought to have been filed within period of 3 years of non payment of dues by you

3) in the event any notice is received engage a lawyer and contest the suit proceedings

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

No harm in confirming your current address

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1) Have you received any credit card in your life time from ABN Amro ? And purchased any goods on that credit card.

2) If you have not done any fault than don't worry straight way deny all calls and is

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Well, all monetary claim if fallen due has to be recovered in due process of law within a space of three years.In your case the time ahs gone as it is a 8 years old debt.

2.In that event your creditor cannot file a ny civil suit for money.

3.The calls from recovery of agent though cannot be avoided but if they indulge in any extrajudicial measures like threat, criminal intimidation etc then lodge complaint with police.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No need to worry, they will be from collection agency, as you have a credit card of ABN amro then kotak should be issued a letter to you regarding the assignment with ABN and then only kotak can claim the due.

No need to confirm your address to them.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Do I need to confirm my current address

No need .

If you got arbitration notice from arbitrator then you have to proceed . Notice issued by text message or call are not legally sustainable . Limitation period of a debt starting from date of last due .Bank will file suit within period of 3 years.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Dear Concerned,

IGNORANCE is the key. Your cibil rating would have been low because of the above said default on the Credit Card.

Hence - your cibil rating will be low unless this card is paid off. However if you dont worry about the Cibil rating - JUST IGNORE these calls and you need not to give any address to them . Credit Card is unsecured kind of loan and hence need not to worry.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Hi

It is not clear as to quantum of amount you owe to them. If it is substantial amount, you contest the same and obtain contested decree in your favor.

Going by your version, if the last payment made by you is more than three years, the same is bad in law.

However, check the veracity of the details as claimed by them.

Further, do you have account in Kotak Mahindra Bank.

Does the agreement contain Arbitration clause, confirm.

All sad and done, if the same is beyond three years from last payment / receipt it is barred by limitation.

Even if you receive the notice, make an endorsement on their copy stating that "IT IS TIME BARRED DEBT, ALSO WRITE, saying that YOU RECEIVE THE SAME WITHOUT PREJUDICE TO YOUR RIGHTS"

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi,

Please speak to the bank first. Even if you have lost your card you would have the done the FIR for loss of card and closures from the bank.

If there was any outstanding you would have paid off.

The matter of address is not there that could be traced any way but to avoid further hussel. Please go ahead and get settled the dues after negotiations.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi,

In present days, such cases are referred to arbitration. But arbitrator generally does not make any personal calls. You are suggested to confirm who the caller is and then you may confirm the address of arbitration where you can present your own case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The monetary claims are barred by the limitation Act the bank if at all you have any dues cannot claim after 8 years. The limitation period is 3 years in this case. So the suit or recovery is barred.

You don't need to proceed on phone calls till you don't receive the notice from the bank or authority or court.

There is nothing wrong in confirming the address but in event it is recovery agent harassing you you can file a police complaint against the said agent and the bank.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Unless you do not receive a notice in black and white, there's no need to move or show any sort of reaction.

You may ignore the relevant phone calls.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You need not confirm your current address. You have to immediately get issue a legal notice upon all the concerned threatening them to be aware of legal consequences of both civil and criminal nature. It is time barred debt as it was expired time limit of three years. You can also file a suit for permanent injunction seeking relief of restraining them from interfering into your private life. Further you are entitle to lodge a police complaint or private complaint. For more legal assistance you may come to my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

if there was some due actually then Talk to them trough a lawyer and get the amount settled.

if you do not do the same then they will invoke the arbitration clause and will subsequently file an execution suit for execution of the said award.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you want to participate in the proceeding then you may share the address.

Also, if they come to harass you at your address then lodge a police complaint against them.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Do not reveal your address or divulge any personal details of yours to the so called agents.

Since the claim is barred by limitation, they are trying to trap you by acknowledging the liability afresh so that they can initiate suit against you for recovery of their dues.

Hence next time when they call you deny the loan itself and warn them that you will lodge police complaint if they call you once again.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Do I need to confirm my current address

Dont give them your address or any details about you.

They cannot do anything against you at this stage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Court officials ( including advocates ) do not have right to call bank customers.

2. But, Since they told you to confirm your address then it should be the purpose of issuing either summon or notice ... etc., . I suspect there should be case filed against you in the court.

3. Do not avoid the communication from the court staff. I suggest you, do not deal yourself alone and get trapped. Talk to a lawyer and ask him to deal the court official to get more information about your case.

4. It is not mandatory court procedure to send you the summon / notice through Email or whatsApp.

5. You do not need to confirm your current address by yourself.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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