Fake overdraft loan?

Question

On 114/05/2013, I have received a phone call from A.G.M, Adyar Branching asking me to pay an Over Draft loan which was availed by me in the year 1999.
The A.G.M has told me that he has no information relating to the loan and in turn asked me to furnish the details of N.S.Cs which have been said to have pledged by me while availing the alleged over draft.The Bank has also served a lawyer`s Notice asking me to pay the alleged loan failing which threatened legal action against me.
.The bank has also made damaging statements against me.
It is worth mentioning here that, 
i..It is a time barred loan.
ii..The Current account in which the alleged O.D.was sanctioned is in the name of Myself and my daughter.I have never opened the said current account and according tom the extant instructions of the Bank a staff member will not be permitted to open a current account account jointly with his daughter not open a joint account( (Current account)
iii.In the year 1999 i.e inwhich year the alleged loan was said to have been sanctioned, I was under the esablishment of Service Branch, Chennai, hence opening a current account at Adyar Br. and sanctioning an O.D.Accout at Adyar Branch is not possible.
2.The Bank has also several times put my pension on hold with an intention to appropriate the alleged loan..
3.The Bank has also started telling cock and bull stories to substantiate teir stand.
Then I have sought information under R.T.I Act relating to the alleged loan account.
In reply to my R.T.I appln.the Bank has admittedly stated that no information is available.
It may be noted that as per the extant instuctions of Indian Bankers` Association the Bank has to retain all records up to twenty years after sensation of the transaction.Hence the claim of the Bank that the information is not available is not correct since according to the Bank it is a live account.
Now it is proved that the claim of the Bank is a false one.
pl.view my blog for more information
 

Answer 1

Mr Murli,

At the outset, let me clarify that this site is designed by a group of Senior Banking Professionals to assist Bank Customers at large to provide guidance for resolution of any query / complaint / grievance in respect of financial services.  This site does not belong to any Bank or a Regulator, which may please be noted.

As regards claim of the Bank for recovery of the alleged overdraft that you have never taken, please ask following questions in writing under acknowledgement:-

1. A copy of the current account opening form purported to be opened in your and your daughter's joint name.

2. A copy of the application form seeking sanction of overdraft facility in the current account duly signed by you and your daughter.

3. Thirdly, ask for a copy of the duly accepted terms and conditions conveyed vide sanction letter.

4. You will have to ask for the serial numbers and denominations of NSCs pledged by you as primary/collateral security.

5. You may also ask for the copy of the demand notice sent by the Bank, seeking recall of the loan. The Bank has to produce a proof of delivery of the same.

6. Since the documents are time barred and according to you, no overdraft is availed by you. The Bank has no locus-standi to recover the loan in the court of the law.

7. The pension payable to you for sustenance can not be withheld without having sufficient proof in the form of loan documents and primary security.

As far as overdraft recovery is concerned, you may approach Banking Ombudsman with the full details of the case. The Ombudsman will admit your complaint only after you have availed the recourse of writing to the Bank refuting availment of overdraft.

Regards

Deepak