International credit card non-payment notice Dubai
Dear Sir, I was working in Dubai for 3 yrs and I had been paying the credit card amount monthly. Since I lost the job due to marital problems in India, I had to come back. Since then I could not repay the small amout of 60, 000 in indian rupees. Bank has doubled it with all the interest money and I cant pay so much. I agreed to pay certain amount on the promise that NOC will be issued from the debt recovery agency. They never reverted back. Now they are saying they will arrest me in India or serious consequences will be done in India. Please advise, what can I do? and what can they do to me in India? Thanks.
Asked in Criminal Law from Bangalore, Karnataka
Dear Concerned, please do not worry and again if such an international harrasment call comes to you call on 100 and tell them that you are being threatened of false and fabricated case and goons to return the money . this is an unsecured debt and hence can not be imposed. Dont worry relax.
Best of luck
1) When was last payment made by you ?
2) Has any legal proceedings been taken by bank in Dubai ?
3) if more than 3 years have passed since last payment claim would be barred by limitation
the last payment was made in Feb 2014 and March I was in India to fight case of divorce. Since then They dont assure me of NOC as they say it is banks concern and I need to check with bank. No legal proceedings from bank but recovery agencies are threatening me of dire consequences. I requested for waiver of interest which was denied by agents. Now I almost have no money fighting a long battle of divorce.
Asked 8 months ago
there shall be no arrest in recovery cases. if you have issued any cheque to wards payment of dues or if the bank having your cheque then there will chances of penal proceeding i.e. filing cheque bonce case. you can approach to the bank officials and ask for one time settlement. you can come to India and noting to worry you can settle the matter by availing time.
1) suit filed by bank for recovery of outstanding dues on credit card default would be within period of limitation
2) seek detailed statement of account from bank
3) if you are threatened by recovery agents record threats and file complaint of criminal intimidation under section 506 of IPC against them
You cannot be arrested unless a civil court has in execution proceedings issued a warrant against you for your failure to honour the decree [passed by it. The maximum which the bank can do is to file a civil suit for recovery of money, which can be contested by you on merits.
Bank has doubled it with all the interest money and I cant pay so much. I agreed to pay certain amount on the promise that NOC will be issued from the debt recovery agency. They never reverted back. Now they are saying they will arrest me in India or serious consequences will be done in India. Please advise, what can I do? and what can they do to me in India?
It is not so easy to arrest in India without any reason.
If at all they have to recover they have to follow the due process of law only and not to directly arrest.
The Indian law do not permit them to do so like Dubai Rules.
If there is a continuous threat you may lodge a police complaint in this regard and get relief through them.
Generally the bank will handover the long pending and bad sue cases to private recovery agencies which is unofficial and not permissible by law. you have lodge complaint against the recovery agencies for threatening you with dire consequences with your jurisdictional police station they will registrar a FIR and action will take against the private recovery agencies. You have to file a written / online complaint against concerned bank to BANKING OMBUDSMAN which will very effective and your problem will be solved in expedite manner.