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Ruzee (NA)     26 August 2010

Funds on hold for defaulting on credit card

Hi,

My wife had defaulted on he credit card , I have an a/c with the same bank but in no way is it linked to her cerdit card or to her(its a salaried a/c). Now can the bank freez / put hold on my a/c and call me for payment.

And just to add to this question .... on a couple of occasion I made payments i.e min payments on her credit card when it was active via cheque from my a/c. So I guess thats how they got my phone no  and they would also have my a/c #.

If they do the bank freezs / put hold on my a/c is it Legal for them to do so and want step /action can I take to get the issue resolved.

Thanks & Regards.

Ruzee.



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     29 August 2010

The bank cannot do as you apprehend. Even the credit card holder has a different account, they cannot freeze the account without proper court order.

1 Like

Ruzee (NA)     30 August 2010

Thanks a ton sir.

Kumar Doab (FIN)     04 September 2010

The bank takes signature of the prospect on the printed credit card application form.One of the terms and conditions may be that bank can hold/ withdraw from any account single/joint, savings/FD etc. Bank are known to issue notice to pay the debt i.e. principle+interest etc within period of ....days, but the notice may be received by the customer on the last day of the notice period,/ or without notice block the payment from the account/ raise debit from the account. If such an action is taken , a legal notice may help, or customer can file in consumer court. It shall be appropriate to cancell your joint accounts.

As a matter of the fair practice bank should provide copy/certified copy of the form/docs to the customer,however usually bank does not.And later the customer has to struggle to get it. However customer as a matter of right can ask for it and bank shall have to supply it.

Salary accounts if opened thru employer are in single/employee name.Since you are not card holder, bank can not  withdraw from your account or freeze it.

You may help your wife to take up the matter with bank , get reversal of penalties and clear principle amount.

It the default is due to some dispute , it may be communicated to bank in writing under receipt.

 

1 Like

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