Dear Concerned,

YOU should respond to the legal notice, However please understand at the time of getting this card made the bank would have got an undertaking signed to auto deduct your post paid bill, which supposedly you were not aware off. Kindly check the records of the bank to which the mail was sent and if you have enough proof that the bank due to their mistake sent the bills to wrong mail id and hence you are not liable to pay these late payment or interest charges then mention the same in legal notice. OR other wise as we see the major part of the bill has been paid we would suggest to payoff the balance as well - as this issue is unnecessarily spoiling your CIBIL score.

Best of Luck

1) you have already paid Rs 5713 due and payable on your credit card bill

2) since you have received legal notice you must reply to legal notice

3) mention that bill was sent at wrong email address and was never communicated to you

4) request waiver of interest / late payment charges

4) hence question of payment of interest , late payment charges does not arise

1) no need to engage lawyer

2) charges for sending reply to legal notice would be higher than amount payable by you towards interest and late payment charges

You can yourself reply to the notice. If you have sufficient proof that they sent mail to wrong email id reply in the notice. Also seek explanations as to how they linked your card to ezpay service to your postpaid Airtel service and paid the bill without your authorisation. Also ensure that you state in your legal notice that if they don't give suitable reply for their fault you will ensure that you will approach consumer forum seeking redress of your grievance and claim for damages.

Dear concerned

As said pay it you will be happy, especially as cibil rating is affected a lot cause of these credit card issues.

Yes you can reply yourself. FYI below would be the format for your reply.

To

The lawyer......his name and address and cc to bank address

Sub. Reply to your notice dated .........

Parawise reply

1. That the contents of para no 1 of legal notice are admitted being matter of record /denied being false.....it is submitted......

Just follow same till the end...say whatever you want to against each para. Deny or admit facts of each para.

Ask the lawyer to withdraw legal notice being based on wrong information else you may choose to file Harrasment case against bank etx.....

Best of luck

1. The EASYPAY system is never activated without your consent or signature. it requires signed documentary proof of yours.

2. It may happen that the bank officials took your consent but did not disclose floor what purpose the had taken it.

3. Since the amount would not be huge it is better to settle with them and then deactivate the card.

4. am sure they can establish your consent for activating these systems and hence if you prolong no resolution of the problem the interest and other charges would mount up and you would be forced to make large amount of payment.

5. otherwise you can consider lodging complaint with Banking Ombudsman or filing case before the consumer forum.

CREDIT CARD HOW TO PROTEST

Dear Sir,

Yes, whether amount is small or big, not an issue. The MNC’s earn lot with such small amounts. For eg SBI earned more than R.1,000 Cr by charging Rs.50/- only. You have following options

1) To send reply to notice by yourself ( no effective)

2) To send reply notice by lawyer (costly and may not result into any positive result)

3) Complaint to Consumer Forum for damages

4) Complaint with Ombusdman

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RBI CIRCULAR - NOTIFICATIONS

https://www.rbi.org.in/scripts/NotificationUser.aspx?Id=9838&Mode=0

12. Redressal of grievances

12.1 Generally, a time limit of 60 (sixty) days may be given to the customers for referring their complaints/grievances.

12.2 The card issuing bank/NBFC should constitute Grievance Redressal machinery within the bank/NBFC and give wide publicity about it through electronic and print media. The name and contact number of designated grievance redressal officer of the bank/NBFC should be mentioned on the credit card bills. The designated officer should ensure that genuine grievances of credit card subscribers are redressed promptly without involving delay.

12.3 Banks/NBFCs should ensure that their call centre staff is trained adequately to competently handle all customer complaints.

12.4 Banks/NBFCs should also have a mechanism to escalate automatically unresolved complaints from a call center to higher authorities and the details of such mechanism should be put in public domain through their website.

12.5 The grievance redressal procedure of the bank/NBFC and the time frame fixed for responding to the complaints should be placed on the bank's website. The name, designation, address and contact number of important executives as well as the Grievance Redressal Officer of the bank/NBFC may be displayed on the website. There should be a system of acknowledging customers' complaints for follow up, such as complaint number/docket number, even if the complaints are received on phone.

=================================================

Fraudulent transaction conducted on your account

https://www.paisabazaar.com/credit-card/articles/15998-unauthorized-transactions-on-credit-card-what-should-you-do/

The moment you realize a fraudulent transaction is being carried out on your account, you will have to act swiftly:

1. Inform your bank of the unauthorized transaction as soon as possible, maximum within 3 days of occurrence. You can do this by contacting them via phone banking facility, SMS, email, toll-free number or by visiting a bank branch.

Online complaint

https://secweb.rbi.org.in/BO/precompltindex.htm

Banking Ombudsmen

Ms. C R Samyuktha

C/o Reserve Bank of India

10/3/8, Nrupathunga Road

Bengaluru -560 001

STD Code: 080

Tel. No. 22210771/22275629

Fax No. 22244047

Email : [deleted]

Bangalore Shri. M. Palanisamy

C/o Reserve Bank of India

10/3/8, Nrupathunga Road

Bangalore-560 001

Tel.No.22210771/22275629

Fax No.[deleted]

•

First approach your bank with a written complaint.

• You can approach the Banking Ombudsman IF

i. You have not received a reply from your bank within one month from the date of receipt of complaint by the bank OR

ii. The bank has rejected your complaint OR

iii. You are not satisfied with bank's reply

• In case of any difficulty in lodging online complaint, you can also lodge the complaint by Email/Fax/Post. Contact details of all the Banking Ombudsman are given on the website of RBI at

http://rbi.org.in/commonman/English/Scripts/AgainstBankABO.aspx

No complaint to the Banking Ombudsman shall lie unless:

1. Written representation was made to the bank and either the bank had rejected the complaint or no reply was received from the bank within 60 days of receipt of complaint or in case of unsatisfactory reply received from the bank.

2. The complaint is made one year after the rejection of the representation by the bank or dispatch of final reply by the bank on the representation.

3. The complainant is not in receipt of the same subject matter if settled by the Banking Ombudsman in previous proceeding/s whether received from the same complainant or any one or more of the parties concerned with the subject matter.

4. The complaint is not the same subject matter, for which any proceedings before any court, tribunal or arbitrator or any other forum is pending or a decree or Award or order of dismissal has already been passed by any such court, tribunal, arbitrator or forum.

5. The complaint if not frivolous or vexatious in nature.

======================================

The easiest option is to go to District consumer forum by self to complain for the disgust and unauthorised activity and claim a damage for Rs 5.00 lacs and cost of litigation and pay the amount under protest and cancelled the card immediately.

Not advisable to go legal for small amount by hiring an advocate

You should reply the legal notice based on these facts and circumstances and raise counter claim from HDFC asking for damages as they have not sent any copy statement of outstanding or any reminder to you on your phone mail or address and the transition was done without your authority.

You can take legal help from a lawyer to draft a reply to notice for you.

You don't have to worry. If you want to reply only reply through advocate. Secondly you can also file Consumer Complaint against the said bank.

I'll suggest to reply to this Legal Notice through a lawyer.

The above is important so that you justify your stand and negate all their allegations against you.

If you find no justification behind their demand and think that the same is illegitimate, you must not pay the same and rather reply through a lawyer.

Take services of kaanoon.com to send this reply.

Dear Querist

You may write a reply yourself and sed it to them with your grievances, if you are able to draft your reply then there is no requirement for engaging any lawyer for this.

Feel Free to Call

You must immediately render a reply to the said legal notice and if you are ready to pay then in the said legal notice call them to settle the amount

You will have to send the same through an advocate

Once you have received the leal notice, you can give az reply denying all their allegations and vent out all your grievances and the behavioral attitude of the customer care and also the way you were forced to accept the credit card etc.

You can ask them to proceed legally, which can be handled properly in the court of law becasue they may not be able to go to court for recovery of such a small amount.

The response to this legal notice can be done by me in written or should be done by a lawyer whom I need to hire?

The amount outstanding is not very high and I can pay it. But the question is that the whole affair has been unfair and I cannot justify that.

You can decide about the next course of action.

If you do not want to give up to their pressure and want to teach them a lesson then you may give a proper reply.

The reply can be given by you also instead of engaging the services of a lawyer.