• Notice received from HDFC bank - need urgent help

Hello Everyone .i want your suggestion and Help also regarding my some problem related to HDFC Bank.Please suggest what i do? 
My husband had account & Credit card with HDFC bank and in that account minimum payment should be in account Rs. 10k , maintain the balance was going good and but suddenly some too much circumstances and critical financial situation occurred 1 year back ,he did not maintain his balance due to need of money and also 1 health insurance of Rs.525/Pm deducted automatically from credit card ,when my husband was working . we talk to insurance executive to stop this policy from now and don't deduct this payment , in our absence of mind they deducted payment for 3 months from credit card. now credit card made payment of 8100 Rs. with penalty and send us summon in mails as well as by courier and said if you will not pay 8100+ 500 rs.(Notice charges) we will take legal action. now we are not able to pay penalty of 8100. even they did our bank account in Rs.-15000 also.we are in trouble ,we want to close credit card and bank account.we are right now bankrupt. we can pay the insurance deductions 3 months payment that of Rs. 1575/-.so plz help me to solve that matter. i will be thankful.

https://drive.google.com/open?id=1e19onBu0Uca6vJ2WUSzDd9b5BdQzzua7
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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12 Answers

1)it is doubtful that bank would take legal proceedings to recover Rs 8100 .

2) legal fees would be more than amount sought to be recovered

3) as far as credit card dues are concerned approach bank for one time settlement .

4) offer to pay principal amount in installments provided penal charges are waived off

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If you have documentary proof of intimation asking them not to auto debit the amount then the bank is at fault to deduct the said sum of money ignoring you written instructions.

2. So their demand for such amount of money imposing the penalty has no legal basis which you can afford to ignore or reply them seeking damages for causing mental agony to you.

3. If the bank does not relent then you can consider filing case before the consumer forum wherein you will be provided with adequate compensation and damages.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can Complaint to banking ombudsman for the said illegal act. They will be penalised for the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

If u will not pay credit card bill, it will bear interest rate every month.

Actual amount/bill is Rs.8100/- or inclusive of penalty. Make the payment of 1575 /- .

Just make the payment of actual amount and send the mail to customer care to close the card.

And withdraw full amount from saving bank account and mail to customer care to close that also.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since you have balance in the bank to the extent of the balance debt of the credit card, you can clear the credit care loan and close the card as well as the bank account.

Not maintaining minimum balance in bank account is not an offence, let the bank close the account if they are not able to operate the bank account which is not maintaining minimum balance.

The bank cannot force you to maintain minimum balance, they can proceed by their rules to close the account if it is found that the account holder is not complying with the required formalities.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. you can meet the concerned bank officer and request him for a one time settlement by offering to pay the 3 debits to the insurance company and requesting the bank to waive the interest and penalty

2. you can also tell the bank that you do not wish to continue operating the bank account and ask it to close it

3. explain your situation and the bank should consider on humanitarian grounds

4. dont panic. the legal notice the bank has sent you is only to scare you off. you just offer the one time settlement and ask bank to close all your accounts

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

If you have evidence to prove that you have intimated the insurance company to stop this health insurance policy then you should immediately file a complaint before the banking ombudsman of the HDFC Bank. The Supreme Court has held in several cases that insurance policy always depends upon sweet will of the insurer. If the policyholder does not want to carry on his policy then insurance company is bound to stop the policy immediately. The deduction of amount from credit card even after giving notice to absolve the insurance policy does not confer any liability upon you to pay the same. You also not responsible to pay anything for receiving Notice from the HDFC bank because that notice has been issued in respect of the payment which was made by the bank without your consent.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hello,

If you do not want to pay then no need to reply to the said notice.

This is just a notice from the lawyer and till date has not hing to do with court.

They will file a case before arbitrator, you can appear then and ask him to reduced the amount.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you want to contest this case and dispute the amount being claimed by the Bank, you must respond to the legal notice through a lawyer.

The other option you have is to enter into a compromise with the Bank by way of making a proposal before them to make partial payment.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See if you have informed the insurance company same is liable to clear the charges further reply the notice with the same thing that it was on fault of bank and insurance company as you have already denied insurance company payment further offer one time settlement to bank pay some amount and close the credit card.

Further for insurance company raise complaint and recover the amount from insurance company.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Madam,

It is not a problem at all. Just issue written notices to the bankers and insurance company to close down your policy and also to close down your bank account as you are already in bankruptacy. Lead happy life with whatever salary which is earned by your husband. Avoid discussing your financial problems with your kith and kins and friends. Within few days your financial position will improve and try to do some work by yourself to earn some money, putting your ego aside.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hi,

You are suggested to approach the bank branch and solve the problem by asking time. It is suggested that you will have to make the payments permissible in law.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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