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Date : Jul 16, 2008

Question

Hi I had a HSBC crdt crd which was m setld in Aug'04 agnst wvr of Rs 8K.I had given Out stn cheques twrds stlmnt which tuk 15 days to get clrd.Stlmnt ltr says no dues wud be pybl by me frthr & card wud be clsd.Rcntly my prsnl loan applctn was rjctd saying that my name is in CIBIL defltrs.On inqrng HSBC,they infrmd that still I hv to pay Rs 49k as stlmnt stood null and void due to late pymnt whr as sttlment ltr only say that it wud be nullified in case of payment deflt only.& also its nt a case of lte pymnt coz delay hpnd due to clrng of O/s cheque(only 15 days).Fr 2004 thr hv been no cmnctn by HSBC i.Due to HSBC flt my name was rprtd to CIBIL.Now HSBC is dmndng Rs 49kto snd ltr to CIBIL tht I hv clrd my O/s.My stnd is Rs 49k hv acrd due to flt of HSBC as I had clrd dues.Pls guide hw to get my nm clrd frm CIBIL as it is wrngly rprtd.Can I apprchd Bnkng Ombdsmn or court of law?

Answer

When you go for a settlement it is considered as a default and your name gets listed in CIBIL as a defaulter. Your default stays on the credit bureau's record for 7 years so you will always face an issue in getting a loan even after clearing off your default. But even after settlement if bank asks to pay pay the dues. You should immediately complain to banking ombudsman having jurisdiction over your area. Details are available on www.bankingombudsman.rbi.org.in. To know more on click on Effects of settlement.

 

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