• Credit card fefault in Australia

I lived in Aistralia till 2010. I use a credit card and on my return back to India, i used for another couple of years making timely minimum amount repayments. Due to the drop in rupee and my financial limitations, i stopped making the payments and requested the bank to apply for financial hardship but i was rudely rejected. So not they keep calling me early in the morning and sending emails and stuff. The latest and worrysome development is that they have got a hold of my official email address from somehwere and have emailed me on that address. Is this a cause of concern? What should i do? They do not have any jurisdiction here, should i negotiate with them? I am anxious. The amount is about 20000 AUD, thats around about 9 L.
Asked 3 years ago in Civil Law from Delhi, Delhi
1)it is in your interest to  arrive at an out of court settlement with  the bank 

2) you have not mentioned when was last payment made by you .?

3) has 3 years passed since last payment ?

4) if so claim would be barred by limitation 

5) bank can file summary suit against you and obtain orders for payment of principal amount with interest if period of 3 years have not elapsed since last payment was made by you
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

Hi, It is better tried to negotiate with the bank and settle the matter amicably.

2. But strictly speaking they can not do anything, they have to file a suit for recovery of the amount and go for legally in order to get the amount.

3. Find out is there any way to block the emails.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1. The bank is within its right to contact you to remind you to repay the amount. 

2. The utmost the bank can do is to file a petition for recovery of amount in a court of law. It can be filed either in India or Australia.

3. Unless a lawyer's notice is issued to you or a case is filed there is nothing you are required to do.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

If you availed that amount of loan, it becomes your duty to repay it.  However, see when was the last transaction made ?, if it was 3 years ago, and if you have not committed for repayment or acknowledged the company's demand in the last three years, just do not commit any payment or acknowledgement, it will be barred by limitation and they cannot legally take any action for recovery of amount barred by limitation. 
T Kalaiselvan
Advocate, Vellore
34366 Answers
368 Consultations

5.0 on 5.0

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