Are you being harassed for undue claims of credit card ?

 

Are you being harassed for undue claims of credit card?

 

Shoot following letter to the bank. This type of letter addressed to a MNC bank by a credit card holder [an exporter of Mumbai] who was being harassed for 4.5 years made the bank apologize for their behaviour and errors within 25 days. He has now filed consumer case for Rs.20 lakhs for compensation for mental agony against the bank.

 

You can make necessary changes to suit your card.

 

 

_______________________________________________________

 

From:

Name:

Address:

Cell:

                                 

 

Date:                                                                   By speed post & email

 

Chief Executive Officer/General Manager

_____________ Bank

 Address: ________________

 

_________________________

 

E-mail:

 

Dear Sir,

 

Subject: Harassment due to Abusive Recovery Practices,

 

I have been using your bank’s credit card No. ___________ . I have been meticulously and regularly repaying amount of credit card dues.

 

2. I and nearly half a dozen officers of your bank have exchanged frequent telephonic talks, smses and emails in connection with payment of your undue claims.

 

3. As per my records I have paid all my dues arising out of signed charge slips. However, I have declined to pay back amount charged to my account which is not relating to  my actual use and charges, penalties, taxes etc  levied for no fault on my part.

 

4. Since your frequent smses, emails, abusive and insulting telephone calls are causing me undue harassment, mental and emotional tension, inconvenience, expenses, agony, waste of my costly time and discomfort in addition to defamation, I have decided to initiate legal action under Banking Ombudsman Scheme 2006 or The Consumer Protection Act 1986, in addition to filing FIRs against the defaulting staff and recovery agents of the bank.

 

5. I add that Bank is indulging in unfair trade practice, illegal means and extortive approach. It has grossly violated and continue to breach:

 

A] Code of Bank’s Commitment to Customers of BCSBI

 

B] Fair practice code and collection policy mandated by RBI

 

C] Under mentioned master circulars of RBI on Credit Cards:

 

a. RBI/2007-2008/32
DBOD.FSD.BC.17 / 24.01.011/ 2007-08 dated 02-07-2007    

 

b. RBI/2008-09/39
DBOD.FSD.BC.6/ 24.01.011/ 2008-09 dated 01-07-2008

 

 

D] Judgements and directives of hon’ble  SUPREME COURT OF INDIA in following cases:

 

a. Criminal Appeal arising out of SLP (Crl.) No. 4935 of 2006

 ICICI Bank versus Shanti Devi Sharma & Others.

 

b. 2007 (2) MLJ 854 (SC) Manager, ICICI Bank Ltd versus Prakash Kaur & Others dated 26-02-2007

 

E] Various provisions of The Consumer Protection Act 1986

 

F] Provisions of IPC and Cr PC

 

6. Before I initiate action against the bank, its staff and recovery agents, I finally call upon you to:

 

A] Stop calling me on phone or mobile or in person by your staff or recovery agents. You should now communicate to me by written duly signed letters only at my above address followed by emails. Letters be sent by registered or speed post only.

 

B] Provide me by speed post and also email within 15 days of receipt of this notice following details of outstanding dues if any:

 

a. date of debit 

 

b. full and exhaustive details of claim with justification.

 

c. amount of claim.

 

d. supporting proof to substantiate  each claim.

 

7. In case if I do not receive details as above within time limit stated hereinabove, I shall presume that the Bank has no claims outstanding against me in their records. Please do not use abbreviations which a common man cannot understand. As per my records I have nothing to pay to the bank towards use of credit cards.

 

8. I reiterate that, I believe in fair dealings and I am prepared to pay to the bank what ever is officially, legally and justifiably due. I am not interested in settlement of any amount or pay less than what is due from me.

 

Yours faithfully,