please guide me for settlement and removal my name in cibil as defaulter

POSTED BY sunita gururaj kulkarni ON March 17, 2012 4:15 pm COMMENTS (8)

 

manish sir,

i red your article which you sent to our mail. i enclosed letter which
we sent to cibil.

please answer me after reading our cibil letter.

we agree we are defaulter when we not pay minimum due within due date.
If minimum due is not as per norms or agreement ? their minimum due
was 85% of total outstanding.

they completed investigation on 16 feb and informed us on 17 feb to
pay of minimum due before 22 feb. (154000)  how it  is possible by a
comman man ?

on 23 feb they sent my name as defaulter.

when minimum due is not as per norms, how i become defaulter ?

what are mistakes done at their end pls follow the letter.

may i question it before high court dharwad ?

and bank ombudsman bangalore called us for settlement with sbi card in
next week.
PLEASE GUIDE ME HOW TO SETTLE WITH THEM AND WHAT EXACT TERM WE SHOULD
USE BEFORE THEM TO REMOVAL OF MY NAME AS DEFAULTER FROM CIBIL ?

PLEASE NOTE THAT I HAVE TAKEN HOME, CAR, HOME PLUS LOAN FROM SBI BANK
IN 2006. AND WE ARE NOT SINGLE MONTH DEFAULTER.

manishji please reply

WAITNG YOUR REPLY

SUNITA GURURAJ KULKARNI
DHARWAD KARNATKA.

 

 

 

REGISTERED A/D

Consumer Relations – Disclosure Request,

Credit Information Bureau (India) Limited, Hoechst House, 6th Floor, 193,

Backbay Reclamation, Nariman Point, Mumbai 400 021.

Dear sir

I am sunita g kulkarni, Indian citizen resident of Dharawd Karnataka india ,  SIR TODAY WE HAVE RECEIVED LETTER FROM SBI CREDIT CARD CO STATED THAT THIS MONTHS OUR CREDIT HISTORY SENT TO CIBIL.  So I will bring few points before your kind consideration.

In 2006 sbi credit card co came to our home and issued credit card on basis of our payments. We accepted the card  and  made transactions  and  made payments  regularly and promptly.  Sbi credit card main drawback is not sending monthly bills regularly. Ours billing date is 2nd of every month and on 3rd of every month we ringed to call centre gurgaon and asking our monthly minimum due and total outstanding, and same amount cheque was sent through drop in box, while asking our due on 3rd of every month we complained regarding non receipt of monthly bills. But they never sent bills regularly. In 84 months we received only 15-20 bills, but we are regular in monthly payments. SEE OUR TRACK

In last aug 11 we made transactions and made payments, on sept 3rd  we asked our  minimum due and total outstanding, they gave information,  but given information was wrong, THEY TOLD WE HAVE RECEIVED EXCESS CREDIT FROM YOU. We surprised, and told them that there is discrepancy in account or in generating the bill, but they told no your account is going on smooth.  But we sent mails to all higher officers but received auto generated replies. Not received any calls from them. But we sent mails from sept 11 to dec stated that please check discrepancy in our account and set right. But no body shows any interest to check discrepancy of our account, and EVERY MONTH THEY TOLD YOUR ACCOUNT IS CORRECT.  due to their negligence we had no bill in our hand to tell them what is the discrepancy.

But all of sudden on 21st jan 12 received call from gurgaon office told that DUE TO SBI CREDIT CARD MISTAKE WE HAVE GIVEN YOU DOUBLE CREDIT FROM JAN 11 TO JAN 12. TOTAL AMOUNT IS 165500/- WE ARE SORRY AND PLEASE PAY OFF BEFORE 22 FEB 2012. SAME CONSENT LETTER ALSO WE RECEIVED. AND PAY IN 12 INSTALLMENT.

We objected this through our mails, after various discussions with call centre managers and through various mails WE TRIED TO CONTACT THEM.  BUT ONLY AUTO GENRATED REPLY WE ARE RECEIVING.

 

 

 

 

ADMITTEDLY AS PER THERE LETTER, IT IS THE MISTAKE OF SBI CREDIT CARD COMPANY, INSPITE OF OUR REAPETED & SEVERAL REQUEST,  DID NOT SUPPLY MATIRIALS REGARDING UTILISATION OF OUR ACCOUNT, IF THEY HAD INFORMED US IN WELL IN ADVANCE, WE COULD HAVE CONTROLLED OR STOPS OUR SPENDING PATTERN. BUT THEIR THEORY SINCE TO BE ENTICING THE CUSTOMER BY DOUBLING THEIR CREDIT LIMIT &  MAKING THEM SPEND MORE BEYOND THEIR CAPACITY & THERE AFTER THEY CHEAT THE CUSTOMER BY FORCING THEM TO PAY BIG SUM AMOUNT BY ADDING ILLIGAL EXPENSES, & MANY MORE CHARGES WITHOUT OUR CONSENT.  AND WITHOUT  INTIMATION BLOCKED OUR CARD. THIS IS HIGHLY OBJECTIONABLE  OF GOOD BANKER AMOUNTING TO DEFICIENCY OF SERVICE.  

I WILL EXPLAIN YOU HOW BILLING THEY ARE DONE (EXAMPLE)

DATE

OPENING BAL

PURCHASES & OTHERS

PAYMENT RECEIVED

TOTAL OUTSTANDING

MINIMUM DUE AS PER RBI AND AGREEMENT ITS 5%

2/11/2011

1006=65

054032=57

048500=00

006539=62

000325=33

2/12/2011

6539=62

080027=60

085400=00

001167=22

000200=00

2/01/2012

1167=22

117326=47

119000=00

000000=00

000000=00

2/O2/2012

0506=31CR

273573=17

108000=00

165066=86

136119=65

2/03/2012

165066=86

009308=49

000000=00

174375=35

154939=05

 

SIR IN FEB AND MARCH 2012 AS PER AGREEMENT AND RBI RULES AND AS PER PREVIOUS STATEMENTS, IN LAST TWO BILLS THAT IS 2/2/12 & 2/3/12 THEY HAVE NOT SHOWN THE MINIMUM DUE AMOUNT AT THE RATE 5% OF TOTAL OUTSTANDING AMOUNT WHICH COMES TO Rs 8254/- AND Rs 8719/- RESPECTIVELY. BUT THEIR MINIMUM DUE IS AS SAID ABOVE. SO NO REPLY FROM THEM IN THIS REGARD. WE SENT MAILS TO SET RIGHT PRESENT STATUS OF THE STATEMENT, AND WE ARE READY TO DISCUSS WITH YOU IN PERSON AND SETTLE ON ONE TIME BASE

WE SENT OUR BROTHER TO GURGAON FOR DISCUSSION AND SETTLING ON ONE TIME BASE WITH DIVYA DHODY VICE PRESIDENT CUSTOMER SERVICE, BUT THEY NOT ALLOWED HIM TO MEET VP. HE CAME BACK

SO THESE ARE THE THINGS HAPPENED.  AS PER THEIR LETTER, THEY SENT LAST MONTH CREDIT HISTORY AND AS DEFAULTER TO YOU AS PER THEIR WISH.

SO WE ARE REQUESTING YOU NOT TO CONSIDER AS DEFAULTER. SINCE THEIR MINIMUM DUE IS NOT AS PER NORMS.

SIR CASE HAS ALREADY REFFERED TO  OMBUDSMAN BANGALORE,  SECRETARY FINANCE DEPARTMENT,  PUBLIC GRAVENCES CONSUMER AFFAIRS DEPT NEW DELHI,  STATE BANK OF INDIA CHAIRMAN AND DGM MUMBAI,

 

SIR WE ARE NOT THE DEFAULTERS AT THIS STAGE, WE ARE READY TO PAY WITH MEDIATION OF STATUTRY ORGANISATION WITH CONDITION THAT  RECEIPT OF AMOUNT, NO DUE CERTIFICATE AND CREDIT CARD CLOSER. BECAUSE NO TRUST ON COMPANY DUE TO THEIR BAD SERVICES AND FINANCIAL INDICIPLANE IN ACOOUNT.

MY REQUEST IS

IF SBI CREDIT & PAYMENTS PVT LTD SENDS MY CARD NO 4317575036420850 IS AS DEFAULTER TO YOU, PLEASE CONSIDER ABOVE POINTS WITH PRIORITY. AND SEE TRACK RECORD OF CREDIT CARD PAYMENTS SINCE 7 YEARS. DON’T INCLUDE MY NAME IN DEFAULTER LIST BLINDLY. PLEASE TAKE NECESSARY STEPS AND CLARIFICATIONS  FROM COMPANY. THIS IS OUR KIND REQUEST. OTERWISE WE TAKE LEGAL PROCEDURE ON YOU AND COMPANY. WE ARE WAITNG YOUR POSITIVE REPLY.

NECESSSARY COPIES ENCLOSED FOR YOUR REFERENCE.

YOURS TRULY

 

SUNITA GURURAJ KULKARNI

GURURAJ S KULKARNI

NO 12, DESAI APPARTMENT, NEAR MAHALAXMI TEMPLE, NARAYANPUR

 DHARWAD  KARNATAKA INDIA 580008

9342304263/9448150341

gkulkarni781@gmail.com

 

 

CC TO HONERABLE SECRETRY, FINANCE  NEW DELHI, OMBUDSMAN BANGALORE, PUBLIC GREVENSES CONSUMER AFFAIRS DEPT NEW DELHI,  CHAIRMAN & DGM STATEBANKOF INDIA  CORPORATE OFFICE MUMBAI. 

 

 

8 replies on this article “please guide me for settlement and removal my name in cibil as defaulter”

  1. Sandeep says:

    Hi, SBI credit card is sending me statement from many years for the card which I never used and received that card, I intimated them as well but today when I checked my CBIL they have pushed that card on my name due to which my score is low. I need help how to get rid of it?

    1. You need to first check with them why they are putting your name on it ? Who applied for it ?

      Sorry but there is no easy for to resolve this other than going deeper into this and resolving it step by step !

  2. Dear Sunita, after reading all the details from all your replies, my take please contact first to Ombudsman to sort out the matter. Once the issue is resolved there & you get the benefit & your account is restored, try to pay out all the dues as early as possible. Once the dues are over (& in between do not use card at all), then only ask SBI Card to remover your name from defaulter list in CIBIL. That’s my personal view only & you are free to move on the way you found suitable for yourself.

    Thanks

    Ashal

  3. Dear Sunita, before getting any detail of your case, I w’d ask you to please check the T & C of your card. There you notice it’s clearly written that SBI Card ‘ll try it’s level best to post customers’ mly bills but it’s not responsible in anyway for not reaching the same to customers. It’s the customer’s responsibility to cross check his/her own spending/purchases made using the credit card & pay all or MAD (minimum amount due) on or before due date.

    So in my opinion, not reaching the mly bills to you is not a valid way to fight your case. Also in today’s world of e-mails & sms, where is the need of snail mails. Apart from that, the customer can also use the online facility of SBIO card to check & track as well as payement of his/her CC.

    Please do note – CIBIL can’t strike out your name from it’s list until the CC company (SBI Credit card), declares the same to CIBIL after getting all the dues from you.

    Thanks

    Ashal

    1. sunita gururaj kulkarni says:

      dear ashal jauhari, thanks for your answer

      now please read above points, terms of sbi are not as per rbi of india. rbi clearly mention to all banks and nbfc that Master Circular on Credit Card Operations of banks
      (Please refer to the “Master Circular No. DBOD.FSD.BC.6/24.01.011/2008-09” ) i am not fighting only on bills issue. its one part that deficiency of service.

      as per rbi norms mad is not 5%. why ? what are resons ? who made mistake ? their reply was mistake done at sbi end we are sorry you please pay off.

      they made mistake and mad is not as per norms. if i asked clarification to them within the time they were not replied and as per rbi norms without giving any notice they sent my name as defaulter. (please see above points)

      under dispute, as per rbi rulings they should not send my name or dont disclose credit history to cibil until case is settle. in feb 12 only we submitted complaint before bank ombudsman bangalore and informed them with complaint no.

      my saying is its totally wrong of company by sending my name as defaulter and diclosing cr history.

      now i hope u understood the things. (please see above letter. )

      with regards
      sunita gururaj kulkarni
      dharwad karnataka

  4. Hi

    I have two things to say here, I am not from company side , but want to ask you some questions .

    a) Companies extend the credit limits, but that that mean that they are to be blamed if you utilize that limit and spend more ? How can you blame them for your spending ? they can extend your limit to 10 crores , so what ? Your spending habits are only in your hand no one else !

    b) I am not sure, and really doubt , hence I am asking you , do you know what happens when you pay the minimum due ? I hope you know that heavy interest will be applied on the rest of the outstanding amount . For 84 months you guys have been paying minimum due and hence there is no surprise that the amount has become so big.

    Now coming to SBI mistake, yes they are at fault in not providing the bills on time, this is something which they will have to explain. But I am not sure why you need monthly bills, whenever you get a bill , you can see how much money you owe – so the argument that you have not been getting monthly bills does not help the case here .

    In your mail , you have said – “see the track record” ? I am not sure if you are talking about paying minimum dues here ! . thats not a track record at all ! .

    Let me know if what i said is wrong or right . I said it based on the email you have pasted here .

    Can you list down the mistakes of SBI point wise ?

    Manish

    1. sunita gururaj kulkarni says:

      MANISHJI THANKS FOR YOUR ANSWER. I AM LISTING SBI CARD CO MISTAKES ARE AS FOLLOWS

      1 SINCE 84 MONTHS WE HAVE RECEIVED 15-20 BILLS INSPITE OF OUR SEVARAL REQUESTS THEY NOT SENT BILLS REGULARLY. BUT WE ARE REGULARLY MADE THE PAYMENTS (MINIMUM DUE & TOTAL OUTSTNDING) AS PER AVAILBILITY MONEY. THIS AMOUNTS TO DEFICIENCY OF SERVICE.

      2 IN 2/2/2012 & 2/3/2012 THEIR MINIMUM DUE IS NOT AS PER AGREEMENT, OR AS PER NORMS, THEIR MINIMUM DUE WAS 85% OF OUT STANDING AND NOT 5% OF OUTSTANDING WHICH COMES AROUND 8700/-. IF THEY WOULD HAVE SHOWN MINIMUM DUE AS PER NORMS, WE WOULD HAVE PAY IT FOR AVOIDING AS DEFAULTER. THEN WE WILL MOVE TO EITHER COURT OR OMBUDSMAN, BUT THEIR MINIMUM DUE IS NOT AS PER NORMS. WHY SUDDENLY THEIR MINIMUM DUE IS 85% OF T/O ? WHAT ARE REASIONS ? WHO DONE MISTAKE ? IF WE ASKED THEM, THEIR REPLY WAS MISTAKE DONE AT SBI END WE ARE SORRY YOU PAY OFF. MISTAKE CONSENT LETTER ALSO RECEIVED FROM SBI.

      3 AS PER RBI RULIINGS PARAGRAPH 4 PAGE 7 UNDER HEAD OF “WRONGFULL BILLINGS” INSPITE OUR SEVERAL REQUESTS AND MAILS THEY WERE TOTALLY NEGLIGENT TO CHECK THE DISCRIPANCY IN OUR ACCOUNT. AND AFTER 9 MONTHS THEY INTIMATED US THERE IS DISCRIPANCY AT SBI END AND ASK US TO PAY OFF AT A STRETCH OR IN 12 INSTALLMENT. HOW IT IS POSSIBLE BY A COMMAN MAN ? AS PER RBI RULINGS THEY SHOULD CHECK DISCRIPANCY WITHIN 60 DAYS AND INFORM US WITH DOCUMENTRY EVIDENCE. BUT THEY THROWN AWAY ALL RBI RULES.

      4 AS PER RBI RULINGS 6.2/C “Banks /NBFCs should be particularly careful in the case of cards where there are pending disputes. The disclosure/ release of information, Particularly about the default, should be made only after the dispute is settled as far as possible”

      WE IN FORMED THEM ON FEB 12 THAT IN 30 DAYS YOU ARE NOT SOLVED OUR PROBLEM. SO CASE IS UNDER DISPUTE SO FOR RESOLVING THE DISPUTE WE SENT REGISTERED POST COMPLAINT TO OMBUDSMAN BANGALORE ALONG WITH ALL DOCUMENTS. AFTER THAT OMBUDSMAN ASKED US WAIT 30 DAY i.e, upto 16 march. SAME COPY WE FORWARDED TO SBI. BUT THEY SENT MY CREDIT HISTORY AND AS DEFAULTER TO CIBIL ON 2ND MARCH. HERE AS PER RBI RULINGS 6.2/C THEY MUST INFORM US “6.2/c. Before reporting default status of a credit card holder to the Credit Information Bureau of India Ltd. (CIBIL) or any other credit information Company authorized by RBI, banks/NBFCs should ensure that they adhere to a procedure, duly approved by their Board, including issuing of sufficient notice to such card holder about the intention to report him/ her as defaulter to the Credit Information Company.” BUT THEY WERE NOT INTIMATED. THEY INTIMATED AFTER THEY SENT THE REPORT TO CIBIL.

      5 SIR ON HUMANITY GROUND WE ACCEPTED THEIR MISTAKE. IN FEB 12 WE SENT OUR BROTHER TO GURGAON FOR DISCUSSION AND SETTLING ON ONE TIME BASE WITH VICE PRESIDENT DIVYA DHODY, BUT OFFICE PEOPLE NOT ALLOWED HIM EVEN TO MEET VP. HE TRIED 2 DAYS AND CAME BACK. WE DONT KNOW WHAT IS THE REASON ? THEN WE APPLIED TO OMBUDSMAN.

      6 WE EXPLAINED EVERY THING TO OMBUDSMAN WITH DOCUMENTS.

      7 MANISHJI WHEN WE USED THEIR MONEY WITHOUT OUR KNOWLEDGE, WE ACCEPTED THEIR MISTAKE AND READY TO PAY PRINCIPAL AMOUNT OF Rs 161650/-
      SO TO PAY DIRECTLY TO THEM, WE ARE DOUBTING ON THEM DUE TO THEIR BAD SERVICES AND FINANCIAL INDICIPLANE IN ACCOUNT, JUST WE ARE THINKING TO PAY IN THE MEDIATION OF STATUTARY OMBUDSMAN BANGALORE. WHAT YOU SAY ?

      8 SIR AT THE TIME SETTLEMENT WHAT EXACT TERM WE SHOULD USE FOR REMOVAL OF MY NAME FROM CIBIL. WHAT ARE THE POINTS WE EXPRESS BEFORE SETTLMENT ? PLEASE GUIDE ME

      SUNITA GURURAJ KULKARNI
      DHARWAD KARNATAKA

  5. BanyanFA says:

    Hi Sunita,
    Though you may want to approach CIBIL, you must also lodge a formal complaint with SBI Cards. I am not sure, but probably unless SBI card advises CIBIL, CIBIL would not take your defaulter details from their records. You must ask the contact details from sbi card’s customer services where you can send a formal complaint. Do not talk to customer services as they do not log your complaint properly. You must send your complaint either via email or by post. This would ensure that all of your details are accurately captured.

    You must on a minimum endeavor to pay the minimum amount due on your card in the mean time.

    Regards
    BFA

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