Another familiar gripe - A little outstanding amount remaining on the credit card because of bank’s mistake, bank promises to waive off the amount and close the account.

But, surprise! The account has remained open, accruing interest. In a fairly new twist to this scenario, the bank now proceeds to divert payments made to credit card account to the customer’s loan account. Result? Outstanding dues in both accounts. Long term result? Credit card applications being rejected, loan applications being rejected…

The customer is not willing to pay the remaining amount because, he thinks, rightly, that he shouldn’t be left holding the baby because the bank screwed things up. And he asks, very sensibly, what are the guarantees that the bank will act towards removing his name from the defaulters’ list? (which, by the way, the bank cannot. Once your name appears on the defaulters’ list, it is there to stay for the next seven years.)

The answer to all this is not calculated to have customers such as the one mentioned above burst into song. The best way to deal with this kind of blatant chicanery is to indeed pay the outstanding amount up first. The more one delays, the more it affects the credit ratings. Once this is done, one should register a complaint on the bank’s website. And if one does not receive a satisfactory response within 2-3 weeks, approach the Banking Ombudsman with your complaint. Details on how to do this are available on the site - www.bankingombudsman.rbi.org.in.

Do not be surprised if your loan application is rejected even after you have paid off your much due credit card outstanding balance. The bank might have called you and given you an option where you could just pay a specified sum, in return for a settlement letter. Once you do that and get the settlement letter, it doesn’t for a moment mean that the slate has been wiped clean. You apply for a personal loan or a home loan and the lender will simply let you know that it isn’t interested in lending to you because your name comes up in the Defaulters list on the Satyam or CIBIL list.

When you go in for a settlement, banks can and will legally report you as a defaulter - to the extent of the dues foregone by them - at the credit bureau. All details concerning your default stay at the credit bureau for 7 years. You must understand that you CANNOT remove your name from this defaulters’ list. It will be removed from the list only after seven years, provided you do not default on any subsequent loans (if you manage to get it, that is). What you COULD do is to try applying for a secured credit card - a card that is offered against your term deposits at the bank. This type of card is available at many banks. Build a good credit record with it. This will not remove your name from CIBIL defaulter list but it will improve your credibility in your credit report. This would also increase your chances of getting credit facility from various banks at decent terms in future.

The best way to avoid fraud is to know how the fraud occurs. Credit card fraud starts when the card is stolen or when the crucial information of the card is stolen. This includes name of card holder, the account number, expiration date, and verification/CVV code. Stolen cards should be reported quickly by calling the customer care department. But stolen information is difficult to trace and one can only know that the fraud has occurred when the bill statement. Ergo, one should also check bill statement carefully when it comes in.
Identity thefts on card are increasing these days. Identity thefts are of two types - application fraud and account takeover.

Application fraud refers to the fraud when the criminal steals your document to open an account in someone else name. The criminal may steal your important documents like utility bills and bank statements in order to build up useful personal information.

Alternatively they may create fake documents. In account takeover fraud the criminal may gather the information of a person’s bank account then the criminal calls up the bank as a genuine cardholder and ask the bank to send the mail to the new address. The criminal would then report the loss of card. And then once the criminal receives the replacement card, he/she can use it!

Skimming is another type fraud done on credit cards. It is typically done by the dishonest employee working with the merchant. In skimming the criminal uses a small electronic device which is known as skimmer to capture the magnetic strip data on the card. This is then transferred to another, duplicate, card. The duplicate card is then used for fraud purposes.
It is easy for the bank to detect this type of fraud. The bank can collect a list of all the card holders who have complained about fraudulent transactions. Then, it uses data mining to discover relationships among the card holders and the merchants they use.
For instance if a large no. of the afore-mentioned credit card holders have used a particular merchant, that merchant terminal or (point-of-sale device) can be directly investigated.

In case of application and account takeover frauds you don’t have to worry much. If any unsolicited card is activated without the consent of the recipient the central bank has said that the issuing bank has to reverse the charges. Plus, they (issuing bank) would be required to pay a penalty twice the amount of the charges reversed. All you must do is to report a complaint at the issuing bank. If you do not receive a satisfactory/any response within 2-3 weeks, please approach the Banking Ombudsman. The details are available at www.bankingombudsman.rbi.org.in.

The aim of writing this article is to help the merchant as well as the customer to avoid risk present in the customer not present (CNP) fraud. Here we will carefully learn how the CNP process works to avoid CNP-related frauds in the future. CNP transactions happen with the card holder not present at the point of sale. Here the card holder’s order is taken by the merchant over the phone, email, or by fax. The merchant is unable to check the identity of the credit card holder. CNP transaction is thus the most risky for both card holder and merchant. Criminals can take undue advantage of this by using fake personal details by illegally obtaining your card information.

During the CNP process the merchant request authorization from the bank to process the sale transaction. The bank verifies that the card is not stolen or lost, and checks whether the card carries enough funds or not, and then gives the go-ahead to the merchant to proceed with the transaction. Now, if the transaction results in a fraud, the full amount has to be paid by the merchant. And the card holder whose card has been used for fraud purposes comes to know only when he/she gets the bill statement. So….check your bill statement as and when it comes in. If you find any fraudulent transaction, report to your bank immediately. In CNP frauds, the card holder is still safe as the bank would not hold the card holder responsible. The merchant is not so lucky. It has to pay from its own pocket whatever the fraudulent transaction amount is. So what’s the solution to avoid it for both the card holder and the merchant?

• Merchants should avoid CNP transactions as a matter of course.
• If they intend to do it, they should do these transactions only with clients who they know well; which means they can recognise the client’s voice properly. Even in such cases, they should avoid the transaction at the first hint of suspicion.
• Card holders should not share their credit card details with anybody; not even with friends.

Is the person who has overextended credit a candidate for sympathy if he means well? He wants to pay back the outstanding amounts against his multiple credit cards, but what if he has just been fired from his job and cannot make his multiple credit card payments? Do you castigate him, telling him that he made the bed, he must lie in it? If that is so, does your lack of sympathy extend beyond the fact that recovery agents came to his house when he wasn’t at home and threatened his wife and child?

If you are the sympathetic kind (especially if you also have been in a similar jam) would you:

1. Tell the man that recovery agents are not allowed use force on borrowers or speak indecently to him or his family?
2. Tell the man that if he doesn’t want to speak to the recovery agent, the agent has to respect his wishes and withdraw?
3. Point out to him the RBI stipulation that “The bank and their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude the privacy of the debtors’ family members, referees, and friends, making threatening and anonymous calls or making false and misleading representations.“?
4. Point him to the Banking Ombudsman site www.bankingombudsman.rbi.org.in where he can lodge a complaint?
5. Point out to him that his best option would be pay off the entire amount. And then give him tips on how to do it - apply for a loan against property, stocks, insurance policy, or jewelry? But that he should try his best not to go for a settlement?
6. That there are credit counseling agencies, such as ICICI bank’s Disha, that exist for the very purpose of helping people like him?
7. All of the above
8. None of the above

Here are some credit counseling agencies:

• Abhay (Bank of India), 61 A, Sadanand, 1st Floor, Above Bank of India Branch, Gokhale Road (north), Dadar (West), Mumbai- 4000 028. Call 022-24221843.
• Disha (ICICI Bank), Prince Apartments, Ground Floor, Karani Lane, Ghatkopar (West), Mumbai 4000 028. Call 65971815/86/87. Visit www.dishfc.org
• Union Mitra (Union Bank of India), Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai- 400021. Call 022-22896502.

Answers:
Correct answer - Option 7
Incorrect answer - Any other option or combination of options
So incorrect that it scares me! - Option 8

Credit card issuers are not responsible for the quality of the services/products you might purchase on the Internet. Their only involvement in your purchase is when it comes to payment. Therefore, if you were to order a product online, pay for it online, and subsequently find that the product is not all that it is cracked up to be, do not expect the card issuer to cancel your financial transaction. Any issue you have with the product/service will have to be taken up with the company providing it/them. What you can do is raise a formal dispute on this particular payment; this could apply pressure on the product/service vendor to settle your complaint to your satisfaction. Vendors, especially online vendors have a real interest in keeping on the right side of payment networks. Any hanky-panky on their part and they could find themselves not able to use that particular payment network. This is only indirect pressure. Anything of this sort will still be outside the jurisdiction or interest of the credit card issuer. The credit card issuer’s liability is to ensure that when you pay with your credit card, the payment goes through without any hitches to the correct vendor, that’s about it.

My father who had an ICICI credit card which expired in April 2008. The outstanding on his card was Rs. 42,000. We have informed the bank about the same, but they said we have to pay up. I have not inherited any property from him. However, my mother is the joint owner of our house with him. Legally, are we (me and my mother) liable to repay the whole outstanding amount to the bank? We have been getting statements with added interest etc. Please help.

A fraud transaction was made on the internet through my HDFC Bank credit card. I got my card blocked immediately. My card showed a debit balance for 1 year. A replacement card was issued by HDFC Bank to me, after reversal of the transaction amount and charges. However, I am not able to get new card from other credit card companies because of my name in defaulter list (CIBIL/ Stayam’s Defaulter list). How can I get a new card and remove my name from defaulter list?

I had a HSBC credit card, the dues of which were settled in August 2004 against a waiver of Rs. 8, 000. I had given out-station cheques towards the settlement which took 15 days to get cleared. The settlement letter which was received subsequently mentioned that there was not overdue and the card would be closed.

Recently, my personal loan application was rejected, the reason being that my name is in the defaulter’s list. On enquiring from HSBC, they informed that I am still to pay Rs. 49, 000 as the settlement stood null and void due to late payment whereas the settlement letter only said that it would be nullified in case of payment defect only. The delay in payment was due to the 15 day gap for cheque clearance. HSBC is demanding Rs 49, 000 to send a letter to CIBIL stating that I have cleared my outstanding. What do I do? Is there a legal route? Should I approach the Banking Ombudsman?

Citibank has imposed on me, a credit card without asking me and they billed for all sorts of insurance without my consent. When I did not pay, they sent my name to Credit Information Bureau (India) Ltd. After negotiations with Citibank, I cleared all the dues, and Citibank also gave me a certificate that no dues are pending and my credit card is also cancelled. Now, after going through your answers in HT (Saturday, Delhi edition), I have requested Credit Information Bureau (India) Ltd to reveal the credit status of mine. They refused to part with the information saying that they reveal the details only to the banks/financial institutions. I reminded them that according to Credit Information companies Regulations Act, 2005 they have to reveal the status on request. They declined to do so. When I wrote to Citibank, asking them to clarify if they wrote back to Credit Bureau after clearing the dues, there was no reply from their side also.