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Sunday, January 18, 2009

Credit Default - Final Settlement Steps, How to

In the past few days, we have been receiving various queries on credit card defaults and delayed payments which has taken the payment obligation of the borrower to few Lakh rupees. If you are in the same situation as these guys are, here is what you have to do.

Update on 23-12-2009
Many complained that the Banks were unwilling to lend an ear to your settlement offers. So the first step now should be to contact BCSBI who will counsel you on how to get out of this debt trap.

Talk to the bank who issued the card and negotiate hard. Tell them you would like to pay off in good faith and ask for concession, yes put all your negotiation skills to work here. Once you both settle on some amount these are the steps you MUST and Should follow. [It is better to negotiate with the bank itself rather than the Goons / Goonda / the collection agent because Bank Pays to the Collection Agent commission as high as 15% of the recovered amount and he will haress you until you pay it to the bank because he is waiting for his comission]
  • Get a letter from the bank in which they mention "Final Settlement of Outstanding dues" with your complete name, address and credit card number on which you have defaulted
  • Make your payment by CROSSED CHEQUE only
  • As soon as the payment is done, close this credit card account by giving writing instructions saying w.r.t Final Settlement, I have cleared all the dues and want this account to be closed. [Keep a proof of closing this account, say banker stamps on the second copy of the lettr or send it by registered A.D]
  • Preserve all this documentation for the next 5 years, atleast.
  • Chances are the your name will be in the CIBIL defaulters list, give time of 6 months before you apply for another loan so that the bank clears your name off defaulters list.
  • Work and Plan your finances well before you opt for any other form of credit - card, personal Loan, auto loan etc
  • Next time when you apply for any kind of credit, if your name is still in the defaulters list, then you have every right to know on which account you have defaulted. If this is the same as the credit card account on which you have defaulted, then all those documents of Final Settlement, crossed Cheque payment will come in handy here. Attach attested photocopies and try to get your name cleared off the defaulters list. Don't submit the originals you have.
  • Yes this is a painful process, but you have no choice.
What if Settlement Amount is as Large as Rs 500,000 [5 Lakh] ?
Hire a lawyer because the amount is large and in any case save all the documentation.

Should you have questions and comments, please feel free to ask.

18 Comments:

At 4:30 AM, Blogger Akshay said...

Hi There,

I am a defaulter of Citibank credit card. I did a shopping of around 20K, 3 yrs ago and now they have increased the amount to 90K. Also, my name is in CIBIL as well. Please tell me how do I go about negotiating with the bank and is there any possibility of my name getting removed from CIBIL, after making the payment.
This is urgent.
Please help me.
Regards,
Akshaye

 
At 3:57 AM, Blogger rakesh said...

akshay
u can call the customer care and say that u are ready to settle the amount
they will then say the total outstanding as balance to be paid
u can now say that u are lioable to pay only twenty thousand since ur usage was that much only and try hard for a better bargian from them. ask them what is the prinicipal outstanding and they will not reveal it in the first instance.insisit for it.

 
At 1:10 AM, Anonymous Anonymous said...

Hi, i have been following up with collection agents of hdfcbank. I wish to settle d card acount, however they r not willing to accept more waiver than rs.10thousand. My total outstanding is 63k. They want it to settle it in less than 55k. No proper response frm customer care as well. I ve been paying minimum due every month and have nt the card for last one year but the total amount has hardly reduced..Pls sugest a way out.

 
At 11:25 PM, Anonymous Anonymous said...

Hi,I had a Credit card in 2007 and have a outstanding of 40k. I was trnsferred to the states, and could not clear the debt. Now that i have come back to town, i would like to pay it off. Recently, after talking to the settlement agent, i got my settlement done. Even after that i got a call from a person telling that he is calling from mumbai police stating that there is a non bailable warrent against me, and the police would be attesting me for the same.Can you please advise if there can be a warrent issues by the court for the same.

 
At 11:56 PM, Anonymous CardBhai said...

Yes their can be NBW Arrest Warrant. Don't panic.
Collect all your settlement papers in original and approach a good lawyer. If matter is very serious get a BAIL first, your lawyer will advise.

Ask the credit card company to withdraw the complaint ASAP. Kindly note that, even if you have to bribe the Police, do so and get rid off your name from their records because you may not be able to work outside India again next time if Police verification fails.

Mind it they are linking all the systems and it will be a chaos, so get rid of Police Lafda at any cost.

 
At 8:24 AM, Anonymous Anonymous said...

hi all i am in very bad situation in banking deals, i was having a good business but four months ago i was cheated by my partner and i lost the all, i am holding the credit card and persnal loan from (private) banks.
now i am in not to pay situation, coz no money..
so please suggest me the best way out from these situation..

 
At 12:34 AM, Blogger Akshay said...

Hi Rakesh,
I have made a settlement with the bank by paying them off 20k. The total amount was 141,000k and the principal outstanding amount was 45K. i tried to convince the collection people for 15K, but they were not at all ready. so my question 2 u and 2 cardbhai is, was it a good deal that i paid 20k or have i paid them more? b) they have told me that i will be getting a no due/ 0 balance statement in 60 days and they have also issued me a receipt of 20K, and a full and final settlement letter: which states that i have to pay NO MORE DUES on the card, all the legal cases against the card account stands cancelled, and they will share the same data with CIBIL, so my question is how much time does it takes after the settlement for CIBIL ratings to improve? Also, its just a SETTLEMENT, and i have not paid them in full, does CIBIL entertains/considers SETTLEMENT CASES to change the account ratings of an individual in their database? Please let me know ASAP. Many thanks in advance.
Akshaye.

 
At 3:43 AM, Anonymous Anonymous said...

Hi

I owed a CC wth a limit of 30k in 2006. Now i want to apply for a home loan and i know ths has been reported to CIBIL. Now what amoutn can i pay to get my name off the CIBIL report and can apply for a home loan.

 
At 12:17 AM, Anonymous Anonymous said...

Do the collection agencies still hire goons? As per the recent court rule they cannot physically harm you. Please advice.

 
At 3:20 AM, Anonymous Anonymous said...

Hi i have credit card outstanding on standard chartere card .it was around 80000 in mar 2009. it was a od a/c name as smart shopping card. now the bank is saying they will file a case against me of 420. plz suggest what to do.

 
At 7:27 AM, Anonymous Anonymous said...

hi, i have a credit card outstanding on my citibank card amounting to 30000 in 2007, which has gone to 80000 now. I couldn't pay the amount as i lost my job. Now i have joined a company but the problem is that they provide only citi bank accounts as the salary account. Since i am the defaulter of the same bank i cannot give them my existing citi bank account number. Now should i go ahead and get a new account opened with them. Will they be able to identify me and cut my salary against their outstanding due ???
Please help??
deepak
deepak.naagar@gmail.com

 
At 10:04 PM, Anonymous Credit Card Forum said...

They probably can due to PAN Number. Try this gimmick, open a joint A/C with someone and then give that number in the company.

Kindly, note you are a DEFAULTER with CIBIL so you need to think on ways to get rid of that. Check out the forum on http://www.dalalstreet.biz/forum/india-credit-cards/ ad ask more Q&A.

 
At 4:09 AM, Anonymous Anonymous said...

Hi,

I have been using a CC since a few years now, I kept using my card and ignored to realise the concequences of it too. Now my outstanding is 90k but I have always paid my minimum due on timely basis. I want to ASAP get a settlement done and stop using my CC. I would appreciate if you could tell me how do I do so? According to you what amount should be paid and can the bank allow me to pay it on monthly basis?

Would appreciate your assistance.

 
At 7:54 AM, Anonymous CardBhai said...

You can negotiate and lessen the BURDEN but I don't think they can come down below 75,000. To negotiate, you do it with concerned officer and get final settlement offer. If you fail to PAY as per the terms, you will end up hurting your history. So go for it when you have the CASH or borrow from your family and get out of the TRAP.

 
At 12:41 AM, Anonymous Anonymous said...

Hi i m holding few credit cards,and on credit card basis i got personal loans also & now i dont have any job even my financial positions r very in bad bcoz of which i m finding it difficult to do the payments , if i total it all my credit cards & personal loans outstandings will come to near 10 lakhs so kindly tell me what i s the procedure to settle them but till now i m not in cibil or defaulters list plz suggest me .

 
At 4:37 AM, Anonymous Dinesh Patnaik said...

Hi Card Bhai,
I was doing exceptionally in the IT industry till the bubble burst . I have credit cards which I did not use after the crash . All my cards had lots of balance . Once I knew that the job market situation was bad , I simply cut my cards . I tried paying my credit card bills somehow taking money from family and friends . Now I got a job for just 8,000/- 1/6th of what I was earning before the crash . I am not getting anymore support from my family or friends. I do not own any property or valuables which I can possibly sell to pay back my debts . I am requesting the banks to give me time . I have every intention to repay back my debts . If they do not accept the reasons , what is the solution . Do advise . Can they make a criminal case out of a civil one ? My background has always been good and all my payments have been on time . After the crash , I lost my job and had no job for 3 months . As the IT industry is improving , I expect a hike in my pay . I can't possibly pay back at one time . My intentions are very good . Please help .
dineshpatnaik2009@gmail.com
Dinesh Patnaik

 
At 4:53 AM, Blogger Echamp said...

Dear Sir
I was using 7-8 banks credit cards due to slow down I lost my job in March 2008 and around a year I managed all my payments till March 2009, but after situation worsen and I stopped all payments to cards. I asked all banks to settle all my dues on principal remaining but un till now no bank showed any interest to my offer... Now they are talking about legal action against me u/s 420,405,406,220,138. But I am still open for my offer of considering principal for settlement but my total dues gone far long almost 3 times than my principal and I cannot pay up all these dues to all. Meanwhile some ACP of Mumbai Crime Branch called me up and informed me about my role in credit card fraud and alleged linked me with some credit card fraud gang if I don’t want to be in economic offence matter pay up all credit card dues in full…unless face dire consequences like already there is a Non Bailable Warrant is issued against me. My principle is somewhat 16000 INR and my total dues are 69500 INR. In any circumstances I am not able to pay up all 7-8 Banks dues, I don’t have any property in my name nor any bank deposits… Please Help

 
At 9:01 PM, Anonymous CardBhai said...

Echamp:

I have posted a reply to your question here.

Henceforth, readers, please post all your questions on CardBhai Forum or e-mail them to me feedback @ cardbhai Dot Com

 

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