• Repayment of credit card dues

I have used a hdfc credit card and defaulted on payment here are some facts 
I have paid full.principle amount 
I have paid approximatly 1.25 lacs over and above that too 
Now bank is asking to clear all balance amount which has accrued in terms of charges and interests 
Please advise
Asked 5 years ago in Civil Law

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12 Answers

You are liable to pay interest for delayed payment 

 

2) seek detailed statement of account from bank 

 

3) request bank to waive sone interest 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

1) You can ask bank to show statement and any agreement between you and recovery team.

 

2) Otherwise you have to pay all credit card dues accordingly their terms and conditions. Which you have signed the form while accepting credit card.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

1. Well in the case of all credit cards there is clause in the agreement for payment of late charges and , penalty and interest if you remain default for a month and the figure increases if the default is for several months.

2. SO while making repayment you should have bargained with the bank for making a lump sum in full and final settlement of the dues which most of the banks agrees.

3. It appears you did not do this and hence the payments you made was adjusted with the full amount and hence now the bank is asking for balance amount. 

4. Now you can not take plea of paying principal amount only . However you can still bargain with bank so they agree on a lesser amount of the remaining money. There is no other option. 

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Sir late fee , penalty interest as per condition of credit card needs to be paid , you on account of full payment and difficult can request bank to waive off the charges if they don't then you have to pay in accordance with the agreement and terms signed with bank.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If the charges and interest has been accrued due to non payment of any amount from your side then you have to pay otherwise write them to write off the amount as the same has not been accrued due to your fault, if they insist then file a case Before the Consumer Court for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

it will be advisable for you to contact the concerned branches for which you have taken the credit card and try to negotiate with them regarding the amount and installment schedule regarding the repayment. As per my experience, the bank will waive off the interest on the amount outstanding towards the credit cards. if the bank has proceeded with arbitration then it will be advisable to contest against the execution of awards. it will provide you an opportunity to negotiate with the bank and also provide you enough time to make arrangement for the payment of loan. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

First of all, you did not follow due process to clear payment. Due to continuous three times default in making payment, accounts becomes NPA. Than no interest charges and due payments studies with three month interest and bounce changers.

You should have entered for one time settlement with bank, than your account would have cleared. If left amount is not much than clear it so that your CIBIL recovers.

How much penalty they are demeaning ?

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

- Generally, at the time of issung credit card , the bank used to take certain singned document in their favour ,  which favoured them to recover amount from an innocent customer even,

- If, you will not pay the demanded amount , they will file a case against you or Arbitrator.

- Since, you have already paid hefty amount out of principal amount , then you should send a reply or notice to the said bank after narrating full details of payment.

- After, receiving the said reply/notice, bank official will call you for a settlement amount , where you can show your incapility for paid further demanded amount.

- Further, if three years period passed from the last payment , then the bank cannot recover any amount from you.

 

 

Mohammed Shahzad
Advocate, Delhi
13276 Answers
198 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have already paid all the pending dues and that is also after paying a huge amount apart from the principle amount I lieu of interest for not paying till now.
  2. But, now the bank has been asking to repay the remaining interest which I believe would not be too much.
  3. So, there is a solution to this, you should ask the bank to settle the amount after deducting some amount out of the remaining interest, if any (you will have to calculate the same because it is not clear from the query as to how much you were paying monthly as interest).
  4. Otherwise, if there is any interest then as per law you will have to pay the same as they have been demanding as per legal statute.
  5. Or you make it clear with all the details to see, if they are not demanding which is not at all due on you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Don't clear the same it's illegal. You can approach banking ombudsman or Consumer court if they harrass you else no need to bother.

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

The bank gives loan on interest and the administration charges are also to be borne by the borrower.

You cannot say that you have cleared the principal hence you are not liable to pay the interest portion or other statutory charges.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

Dear Sir,

We highly recommend that you clear your credit card dues. If you do not repay your education loan, banks usually safeguard themselves using some of the below methods:

  1. Impact on Credit Score: All banks and NBFC’s report all missed payments and credit card defaults to all the credit bureaus like CIBIL and Equifax. So, it is certain that your credit score will negatively be impacted if you decide not to pay your bill for a year. Learn how your Credit Score is calculated.
  2. Collateral (if any) will be liquidated: If you have a collateral supporting your credit card like a fixed deposit, your fixed deposit can be liquidated to cover the banks’ principal and interest.
  3. Loan Recovery Agents - Calls and visits: You will certainly get calls or visits from loan recovery agents who want to recover the payments you missed.
  4. Impact on Co-signer/Guarantor: If you have a co-signer, their credit score will also get negatively impacted. They will also likely receive calls and visits from loan recovery agents to recover dues.

To avoid this, talk to your bank and see if they can provide a payment plan to support your financial situation.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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