• Credit card payment settlement and Cibil rating

Dear Sir,

I had Standard Chartered Credit Card in the year 2000 and due to some charges dispute, I had not paid due amount for 4-5 months. Later on one recovery person came to my office and the amount was settled in Rs. 25000 and I had issued issued six cheques out of which last cheque was bounced due to insufficient fund in my bank account. They informed over phone about the bounced cheque, I deposited money in my bank account and subsequently the cheque was cleared.

The pay settlement was done in April'2001 and last cheque was cleared in October 2001.

In 2016, I had applied for home loan. The bank told me that you Cibil rating is poor. When I saw the cibil report, I found that Standard Chartered credit card due payment was mentioned as 26 lacs 20 thousand but it was mentioned as written off. I approached to Cibil authority and wrote them that the standard chartered matter was settled in 2001 therefore please correct the cibil report.

The Cibil authority wrote to the Standard Chartered and Standard charted replied that the settlement was null and void because of one bounce cheque clearance after after settlement period.

In reply of Standard Chartered mail, there was mentioned phone number for assistance. I spoke on the provided phone number and the Standard Chartered person told me to pay Rs. 32000 as final amount then they will write to Cibil to amend the report. I denied to pay any amount. This incident is of year 2016.

Again I checked my Cibil report 2 days back and found that Standard Chartered amount of Rs. 26 lacs 20 thousand was already there in Cibil report. The update date was mentioned as 28 Feb 2018 and Status was Suit Filed (wilful default and written off) where as the previous commented was only written -off.

Please advise me what should I do to clear all these things and what is meaning of current status Suit Filed (wilful default and written off).

Regards
Rajesh Maurya
Asked 6 years ago in Civil Law

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18 Answers

Suit filed would mean bank has taken legal proceedings against you to recover the dues

2) you can file complaint against bank before consumer forum for deficiency in service

3) when full amount has been paid by you in full and final settlement Bank should have updated its CIBIL report that Dispute has been settled

4) obtain orders to direct bank to correct CIBIL record

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. It is not clear whether you have any written document to show that the loan was settled and amount was paid.

2. if not then this kind of report is very likely as bank often care less to think about the welfare of the defaulting borrower.

3. now if you have at least proof of payment done to the bank and any other communications with regard thereto then you can lodge complaint with the banking Ombudsman which can adjudicate and resolve the dispute.

4. Since ti is an old dispute no case before the consumer forum would lie which would have been otherwise a good remedy.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If you have records to establish that the dues has been settled in full and nothing outstanding as of date, then, the bank is liable under the consumer and civil law for negligence. You have rights to sue the bank. The status "suit filed" looks like the bank would have filed a suit for recovery against you. Wait for summons in case the bank instituted a suit.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello,

1) You need to check if the bank has filed any suit for recovery of the amount they claim is unpaid and due from you. It is unlikely in the normal circumstances that the bank would do so after having written off the unsecured loan.You can either do this on the court's web site or take assistance of a lawyer locally.

2) If there is a suit filed by the bank you are supposed to receive intimation by a summons from the court and in any case you need to defend yourself if the bank has approached the court.

3) You can get a cibil report by paying the fee applicable to know the exact status of outstanding. You need to contest the claim of the bank that the settlement was nullified by the check getting returned as you were never given that information when these things occurred. Please be aware that litigation will take time and involves monetary involvement.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

File before the consumer court for deficiency in services by bank and further complaint before the the banking ombudsman with the settlement documents with bank in 2001.

Further check the status of the suit and claim before consumer court you have not received any summons and it is gross deficiency by bank

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

You need to fill a CIBIL Online Dispute Resolution Form

Otherwise approach consumer court for clearance of CIBIL and compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

YOU CAN FILE A SUIT AGAINST CIBIL AUTHORITY AS WELL AS BANK FOR IRREGULARITIES BE DECLARED AS ILLEGAL AND THE SAME CAN BE FILED IN HIGH COURT.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

If you have paid the amount you can send them a legal notice to provide NOC to you. You can also Complaint to banking ombudsman man for the same. You can file Consumer Complaint against the bank.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

File a suit against the Standard Chartered and claim damages for the loan denial and bad CIBIL score. Before filing the suit also write a letter to Banking Ombudsman and get their reply on record.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

Unless, you receive the notice, you need not worry. Even, if set exparte, it can be set aside stating reasons for non appearance.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Sir since you have not received the notice if any exparte order passed by court can be set aside further you can enquire same with bank and can search on ecourts website in local trial court, further proceed against the bank.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

YES. YOU WILL BE SET EXPARTE. BUT, IT CAN BE SET ASIDE WITH YOUR VALID REASONS. ONCE AGAIN, DO CORRESPONDENCE SEEKING INFORMATION WHICH MAY USEFUL TO YOU IN ANY CASE FILED BY THEM

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1) you should ask bank to furnish details of case if any filed against you

2) fir bank refusal to rectify CIBIL record you can complain to bank ombudsman

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The standard chartered bank might have waived off the loan amount for the reasons stated by them against it.

For making this solved you may have to drag the bank to consumer court.

You cannot solve the without initiating legal steps.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You cannot find the details of court case because actually they would not have approached court at all.

The settlement details with you will be sufficient to prove your case.

Banking ombudsman will not be supportive.

You can drag them to consumer forum for relief.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Current status suit filed implies that the bank has initiated legal proceedings for recovery the money against you.

You can make a complaint with banking ombudsman praying them to direct bank to clear CIBIL records as settlement amlunt was duly paid by you.

If no action is taken, you can file a complaint in consumer Court for deficiency of services by the bank seeking similar orders as well as compensation.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If notice cannot be delivered to you, you wont be procedded ex-parte, instead the court will ask, the bank, to provide fresh addresses, so that notice can be served

You can check your court status on, district court websites by typing in your name as respondent or can visit court having jurisdiction to find out the case status.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Sir,

First find out if there is any civil case is pending and proceeding against you ex-parte. If such is the case then appear before such Court and get file an application to allow you to put up your defense. Thus your regular appearance may lead to dismissal of civil suit. Secondly you may lodge a complaint with Bank Ombudsman and get its orders. If such orders are against you then you may approach High Court for necessary relief.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

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