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Arbitration notice - unpaid credit card dues


02-Jun-2023 (In Arbitration Law)
I received a notice from a Delhi based lawyer hired by SBI credit card. It is a arbitration invoking notice under section 21 of the arbitration and conciliation act 1996. I haven't paid my credit card dues because of 2 disputed transactions. I don't have any problem paying them for the remaining amount. These credit card companies don't take action against fraudulent merchants who commit otp fraud. Perhaps because they only add to their business. Now they're sending me arbitration notice. What's the worst that can happen now? If necessary I'll go to the court and tell the judge how they overlook fraudulent merchant's activities and enable them by putting their vulnerable customers at risk.
Answers (3)

Answer #1
874 votes
The terms and conditions of the credit card will have an arbitration clause which would have been agreed by you. Now they have sent a section 21 notice to invoke that arbitration clause and appoint an arbitrator to adjudicate their claim against you. You should reply to the notice explaining how the notice is bad in law and how nothing is due and payable by you to them. But you should reply and take part in the proceedings against you or else bank will take a decree/ award against you.

Answer #2
624 votes
Hi,

You shall attend the arbitration but you shall send them a legal notice describing all your queries and ask them to refrain from using illegal methods or you shall counter sue them.

Regards,
Madhav Nanda
Answer #3
830 votes
It is advisable that a reply to the notice be prepared under sound legal guidance and supervision which should subsequently be served upon the Bank. The same must encapsulate the reasons for default and the willingness to repay. It must go on a lawyers letterhead though.

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