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Thread: Can A credit card company claim after 5 years & can they file a case against me?

  1. #1
    sunny2010 is offline Junior Member
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    Question Can A credit card company claim after 5 years & can they file a case against me?

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    I had a ABN c/c 4 and 1/2 years back , which i closed (In Oct 2005) once i left the country (I am in gulf now), with no payment due, but there was some bank charges (late payment, though i paid on time ), the amount outstanding was showing in the credit card statement. Now after four and half years, i got a call from a cell number of delhi on my gulf number, that the person calling is an advocate, he is going to file a case on sunday, means tomorrow, in Delhi Lok Adalat. So better i should pay them today by western union. but i asked for some time, so he said he will not file tomorrow, but will wait till monday. I dont know from where he got my gulf numbers and my POBox address, though it was an old adress that i used 18 months back in gulf. He claimed that police has given him that phone number and address and they took it from my passport and visa. I want to know is it possible for police to do that? and Can a bank file a case against me for a case of non-payment which is 4 and 1/2 years old? If yes, what kind of a case, as i am in gulf. And Upto what extent they can go?
    Last edited by sunny2010; 03-21-2010 at 01:13 AM.

  2. #2
    Unregistered Guest

    Smile Rep:Can A credit card company claim after 5 years & can they file a case against me?

    When I was jobless in India, I worked for these recovery agencies for 1 year and I know very well how they work. But this case is totally fraud case. Now days dead debt frauds are running. They obtain dead debts lists from bank. They illegally get your mobile nos. from mobile company or in your case from their links in airport authority . In India these illegal things are cheaply available, any Tom Harry can get it! They make people afraid in the name of lok adalat. Search few threads on this site and you will come to know about their frauds. Do not ever give them cash, either through western union. They gonna 100% run away with your cash. Even if you pay them now, again after some day another fraud guy will approach you. Are you going to pay life long? and without any permanent cure. Now since you are in Gulf, tell them that u will be more than happy to fight case against them in India through ur lawyer. They say police helped them to get your contact nos. They are 101% frauds. Police never involves in bank recovery cases. Because police never treats defaulters as a dacoit or criminal. Nobody on this earth can get arrest warrant from court for a bank loan defaulter case. OK! My advise to you is : Be a Man & tell them to DO WHAT EVER THEY WANT TO DO and they will disappear, because in this case, they are fruad. You might be knowing that in Gulf no one can even touch your hair, the laws are so strict and more over this is the case from India and not gulf. S. Khan, Detroit.

  3. #3
    Advocate.sonia's Avatar
    Advocate.sonia is offline Senior Member
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    Default

    3 years* TIME DURATION

  4. #4
    Unregistered Guest

    Default

    Thanks all for the reply.

  5. #5
    Unregistered Guest

    Default

    One more question, regarding the same issue, as Advo. Sonia said 3 years is the max. time, when they can file a claim in court. I want to ask, I myself didnt recieve or signed any notice from court/bank. But i am not sure if my tenant recieved any in my absence ( though they never gave me any and now they are not there, so i cant ask them), SO will it be considered as served (if they sent any within 3 years of date of nonpayment) and it will be assumed that i recieved that notice and they can now go ahead with their case? pls clarify. Thanks.

  6. #6
    sunny2010 is offline Junior Member
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    Default

    Thanks all for your reply. One more question, regarding the same issue, as Advo. sonia said 3 years is the max. time, when they can file a claim in court. I want to ask, I myself didnt recieve or signed any notice from court/bank. But i am not sure if my tenant recieved any in my absence ( though they never gave me any and now they are not there, so i cant ask them), SO will it be considered as served (if they sent any within 3 years of date of nonpayment) and it will be assumed that i recieved that notice and they can now go ahead with their case? pls clarify. Thanks.

  7. #7
    Unregistered Guest

    Default Plz help

    I was working in a call center and at that time i have an account in one bank and that bank have given me credit card on my account bases and now i am not working as i quit my job and started studing but in that time i use my credit card and now i dont have money to make a payment.. One more reason for not making payment is my process got shut and the i was asked to leave

    Can they file a case on me...

  8. #8
    Unregistered Guest

    Default Arrest warrants for Indian bank loan defaulters,does it come up at Indian airport

    One of my close friend has left Hyderabad - India with unpaid bank loan, which he realised at later stage.

    Due to crisis he lost job in Dubai. Since then he couldnít able to re-pay loan whose interest was exorbitant. Bank official sending him mails without any court detail that he should be produced before court for summons and in any case itís not possible for him to go back to india to attend case.

    Does personal loan defaulter cases produced in court and will be issued police warrant for non appearing court?

    In case court issues a warrant against him. Then will he be caught by Airport immigration or their city police.

    Please kindly advice.

    Regards,
    Mohammad

  9. #9
    Unregistered Guest

    Default Personal loan defaulting case.

    Dear advisor,

    I left Hyderabad - India with some unpaid bank loan, which i realised at later stage. I last paid in 2005 , about 3.4 lakhs due.

    Due to crisis I lost job in Dubai. Since then i couldnít able to re-pay loan whose interest was exorbitant. Bank official sent mail in December of 2010 without any court detail that i should be produced before court for summons and in any case itís not possible for me to go back to india to attend case.

    Does personal loan defaulter cases produced in court and will be issued police warrant for non appearing court?

    Incase court issues a warrant against me, Then will i be caught by Airport immigration or city police?

    Please kindly advice.

    Thanks & Regards,
    Vijay Kumar

  10. #10
    Unregistered Guest

    Default Regarding the loan

    i was in dubai for few years but after recession i lost my job. Its been 1 year now. Can the bank from dubai file a case in india. Also i got a call from delhi , they did not tell me what the issue was to my parents , they said they have intimated to the local police.
    People can you help me on this matter

    you can email me keganjack@yahoo.com

    Regards
    Kegan

  11. #11
    brian nathaniel soans is offline Senior Member
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    Default All cases need appropriate action, not negligence

    Please note: there is time limits for each case.
    Many a times , persons who borrow dont end up closing the file in a legallyapprpriate manner.
    Later 1 by 1 skeletons come out and trouble the borrower.
    So now is the time you need to act and close the loan fil,es in a legally approriate manner.
    for legal assistance call: dr.b.n.soans at : 09245201687









    Quote Originally Posted by Unregistered View Post
    i was in dubai for few years but after recession i lost my job. Its been 1 year now. Can the bank from dubai file a case in india. Also i got a call from delhi , they did not tell me what the issue was to my parents , they said they have intimated to the local police.
    People can you help me on this matter

    you can email me keganjack@yahoo.com

    Regards
    Kegan

  12. #12
    ramneha2001 Guest

    Default Sbi credit card send me notice through advocate , even though i hv paid all amount.

    Dear madam/sir

    sbi credit card send me notice through advocate , even though i hv paid all amount in 2002. Now almost 8 years has been passed . Now they are asking interest . Where i hv not used card for last 8 years. They say your card is activie and its not cancel. In 2002 , when i paid all amount and i clearly told them cancel my card.i hv not got any statement from them.
    Now they have issued a notice through advocate.

    Pl advice me.

  13. #13
    Unregistered Guest

    Unhappy can a creditor approach the embassy?

    I have a personal loan which I have stopped paying one year back due to unemployement. Now i am in Dubai started working again. Now the bank people have come to my home and they are creating problems and even they got my number and called me to say i have a summons on my name. If i dont oay the debt in one week they will file a case and they will even contact embassy, according to them.

    What is the law side in this? Can i go for a partial settlement? Can they approach Indian Embassy over here? What will be the consequence then?

    Pls help

  14. #14
    Unregistered Guest

    Default

    Guys,these bank people will do anything to collect the dues from us. i had a credit card and i was not able to pay during the recession period but those people started calling me to my office and to my higher officials and started fighting with them for offering me a job in their company. they continuously called me and one guy started scolding with bad words. I went to the bank but they are telling me no one is working there in that name.they mentally harassed me to the core and got the settlement from me. so be careful with these people

  15. #15
    snehijha is offline Junior Member
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    Default

    I had HDFC Credit Card in 2008 and I was never delinquent till Jan 2010. I came to US for my further studies in Jan 2009 and I continued to make regular payments for the credit card through Western Union. I had paid the entire amount due by December 2009. But in Dec 2009, there were fraudulent activities in my account. I kept on following up with the customer care stating about those activities and to block my card in addition to reversal of those payments which I incurred in my account but there was no update or action taken at their end. It was almost 4 months since then, till April 2010, when I finally gave up. They levied the interest on the amount on my card although those were not my expenses. I refused to pay any amount. I am still in US but they are sending letters to my home. My parents were traumatized and mentally tortured by their threatening calls and were asked to make payment which according to me is totally unethical. They have even sent letter to my place asking to be present in Lok Adalat and now a letter from Chennai High Court. I tried to contact them through emails and phones, but they never got back to me. Its just that these letters keep coming to my address in India. It has caused lot of trouble for my parents. They are not supposed to be involved in this, but they are being dragged and threatened. My parents gave them my email address and also my phone number to contact me, but they never tried to reach me.


    I need help. I need to know more about this as to what can be the consequences. My parents are exploited day and night and today they received a letter stating that HDFC has appealed from High Court and in case of non payment of the debt within 7 days, they might even seize my property. Is it possible and how relevant is the letter? Please guide me. They are totally over looking my effort to help them helping myself in a way. I tried to reach them in the best way I could, but it was of no help. They never got back to me either through email or phone although I have provided them with it. At least the advocates who are sending letters can try to reach me through email if not phone. But it appears to me that they just want money by hook or by crook.

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