• Credit report dispute (HDFC credit card has entry of willful default)

Need help and advised from the Legal Team on resolving the entry of "Willful default / suite filed" entry in my CREDIT score report by HDFC credit card which i held 15yrs back 

i) the amount shown pending is INR4734 , I am not sure of the charge that is showing pending ,to my knowledge i had paid all dues . I have not received any demand letterers , calls or email .
How can they mark as willfull default . 
I do not want to pay the interest and penalties for payments not authorized by me ? 
This entry is causing stress as i do not qualify for EMI facilities offered by banks, cannot apply for loans etc 

ii) The credit scoring methodology used by CIBIL is not fair as I have repaid my homeloan(15Lacs) and in Nov 2020 completed car loan emi's ( 7lakh loan) without any default and there is no positive rating for that how come the score is low due to one disputed payment of credit card ? 

iii) what will be be fees for raising formal complaint through legal team and getting the incorrect credit score erased 

iv ) i get calls from bankbazzar etc to stating they can get my credit report corrected for a fee , i think they are tied up with banks and will eventually make me pay their fees as well bank dues without any due diligence 

Regards 
Sandeep
Asked 4 years ago in Consumer Law

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6 Answers

1. You clarify the details of outstanding dues to be paid by you to them on the basis of the documentary evidences for having paid all the outstanding amount. 

If it is confirmed that you are liable to pay any amount then you can issue a legal notice demanding explanation as well as to remove the tag attached to your name which prevents you from availing further loans. 

2. The CIBIL score is based on the report submitted by your lender against you for the defaulted loan amount,  hence CIBIL  cannot be held responsible for the adverse entries in its records. 

3. The lawyer fee can be heard from the lawyer who you would engage. 

4. If you suspect their integrity then ignore them and try to fix the issue through your own sources. 

 

T Kalaiselvan
Advocate, Vellore
87638 Answers
2352 Consultations

Issue legal notice to HDFC to rectify your credit score with CIBIL

 

2) take the plea that no demand notice was issued nor any case filed against you 

 

3) that you have not defaulted on credit card dues 

 

4) if no action is taken by bank file complaint against bank before consumer forum and seek orders to direct bank to rectify your credit score 

Ajay Sethi
Advocate, Mumbai
97436 Answers
7873 Consultations

You can always contact the Grievance Cell of CUBIL and complain on this wrong ratings. 

2. Seek information on the basis of this rating and then furnish your evidence. 

3. I'd this doesn't resolve the dispute then file writ petition. 

Devajyoti Barman
Advocate, Kolkata
23318 Answers
522 Consultations

Looks like this bank is on a loot spree these days as many clients have complained for the same. first and foremost check at your address if you really have not received any letters from the bank. Incase there are no letters received by you then make an online complaint with their grievance cell and also ensure to call their customer executives.

You can also write a letter to get your cibil score corrected by showing the bank statements attached to your letter.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Hey, 

In such cases you can always ask the Bank to give you the details of the outstanding amount and the reason why they have not informed you about the same. In case you have not taken any such amount from the bank you can raise a formal complaint in the consumer support. Once the disputed amount is settled the issues with your CIBIL score will to be solved. For any further legal advice you can contact us or -

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Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

- As per law, the bank is bond to inform to the defaulter before marking wilful default or put him under NPA.

- Hence, the said act of the HDFC is against the norm and policy of RBI.

- You can send a legal notice to the said bank to rectify the credit score with CIBIL on the ground of lack of information by the bank official. 

- If no rectified , then file a complaint before the Consumer forum on the ground of deficiency of services and also claim compensation for mental agony , and for getting direction in your favour. 

Mohammed Shahzad
Advocate, Delhi
14737 Answers
224 Consultations

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