Legal Question in Credit and Debt Law in India

I received a letter of Request in pre-litigation matter for an alleged credit card debt from a Lok Nyayalaya in Bhiwandi.

I had served StanChart with a letter enclosing my cheque in 2008 in full and final settlement and saying their encashment indicated their agreement to the same. Is the case now time barred? Can they issue me a letter from Bhiwandi which has no jurisdiction other than the collection agency being registered there? Bills were received at my south mumbai residence and payment was received by their branch located nearby?

They had charged me interest for a period when they had received the money and still charged interest for the whole amount and period. Is this permissible by them? This interest payment was disputed by me. All goods and services availed of by me has been paid for.


Asked on 10/25/13, 2:17 pm

3 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Any suit or criminal proceeding will be barred b limitation period as 5 years have gone by. Since you have already paid the due through cheque, they can't afterwards make a request for payment. You need not worry. On the contrary you may file a police complaint of persistenr

t harassment by them. You should serve them a legal notice as well.

919555462995

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Answered on 10/25/13, 8:58 pm
Fca Prashant Chavan Expert Edge LLP

26.10.2013

Dear Sir / Madam,

If your actual dues exceeded the amount of the final cheque, it in no way means that encashment of the cheque implies acceptance in full and final settlement. You ought to have obtained a letter of settlement from them instead. A suitable reply to the notice is advisable and recommended.

Regards,

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Answered on 10/26/13, 2:56 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Send a detailed letter and short telegram to the LOK ADALAT narrating the facts and don't worry nothing will happen. No one will hang you RELAX and calm down. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/241013

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Answered on 10/26/13, 5:51 am


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