• Credit card payment failure

Hi , I have 05 Credit Cards and i am unable to pay the debt amount as dew to demonetization my business is shut down i am unable to make the payments from past 90 days can anyone guide me what will happen to me as getting literally harassed by recovery agents.
Asked 4 years ago in Civil Law

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11 Answers

Dear Sir,

Nobody can send their agent to beat you. It’s banned by supreme court in 2014 now it’s illegal,Earlier companies(Banks) use to give their account to some parties & they use to go, threat or beat defaulters but now no body does it,If someone does then go to supreme court & file a FIR and that company will have to pay 2–5 lakhs fine so that’s the reason nobody does gundagardi now.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You need to declare bankruptcy or avoid collection agents no other way. The credit card debt is unsecured debt

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hi,

The bank will compel you to make payment, in this regard you are suggested to write request letter to bank asking for grant of some time to make the payment.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Try to make minimum payment and seek for OTS and settle the same or else, you will end up paying only interest and accumulated interest.

In case if the recovery agents harass you, you can lodge complaint with police.

All said and done, since you availed CC facility, it is your liability to repay the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

you can file petition for being declared an insolvent   in district court  if you are unable to pay your credit card dues 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

After 90 days of non payment of EMI`s (3 defaults), account turns NPA. No more interest levies. Now only agents will call you, tell them not in city, do whatever. Bank will take a year at least or more to recover amount through court. In between can settle the matter with very less amount by OTS.

This is certain, you have defaulted so have to face recovery agents but forceful recovery is banned, agasint any threat and force can file police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

See the credit cards company for the recovery of the amount shall file suit before the court and the court can order on conclusion to attach property and bank accounts.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you have any assets with the bank whose credit card you hold, it may attach those assets as lien to recover its dues. 

Some banks could also file criminal charges on you under section 406/420 cheating of IPC. This is normally done to intimidate you to settle your dues with the bank

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Recovery agents cannot harass you for recovery of debt but bank can put pressure on you for recovery by putting recovery cases against you in civil court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The recovery agents cannot force you or use violent methods for recovery of loan amount.

If they adopt any illegal steps for recovery, you may lodge a criminal complaint against them with the local police about it or issue a legal notice to the bank/firmm instructing  them to refrain from indulging in any such illegal activity other than by due process of law.

T Kalaiselvan
Advocate, Vellore
84918 Answers
2195 Consultations

5.0 on 5.0

- As per the guidelines of Supreme Court & RBI , a recovery agent cannot harass a defaulter of payment. 

- You should file a complaint at the nearest police station against the bank and recovery agent . 

- If police refuse to listen you, then you can approach court as well against them, because for recovery of any amount due , they are not free to adopt any illegal way.

- You can file a Civil suit as well for an interim relief with a prayer that no official of bank or recovery agent should visit your home for the recovery of dues of credit card. Court will order in your favour.

- Further, you can lodge your complaint before the RBI as well , if the recovery agent threatening you.

- Even you can file an Extortion complaint against the bank and recovery agent.

- You can also file an insolvency case for declare insolvent 

- Dont worry , as per law , bank or recovery agent cannot harass you. Do the needful as i mentioned above.

 

Good luck and dont forgt to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

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