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Credit card - outstanding dues

(Querist) 20 December 2013 This query is : Resolved 
This is regarding the outstanding credit card dues

Situation:-
My friend's father died almost 9 years ago. But the credit card company kept sending statements consistently all these years (in her father's name). But recently, a demand notice of 2-2.5 lacs has been issued by the company's advocate, which she can't afford to pay (Demand notice came via normal post - no acknowledgements made). No death certificates, documents regarding death of primary card holder has been sent.( No communication was made with them)

I came to know about the 3 years Statute of Limitation of debt collection from other queries posted here but some questions do remain -

Queries:-
Using the limitation period of 3 years she should ignore the notice but -

i. If the company takes further action (court suit etc. ) what is she supposed to do (Please note she is currently a student & its not possible for her to participate in any legal proceedings)?

ii. Should she inform the card company about death of card holder without accepting dues or let the company do whatever they want(just ignore any summons,statements and notice)?

iii. Her father had no WILL regarding property transfer when he died(i.e.- no legal property transfer took place) - can the card company use this fact to launch legal suit against the estate?

(@Experts, please bear with me for this long question!)
Kumar Doab (Expert) 20 December 2013
CC dues unsecured debt.

It is felt that the matter is hopelessly time barred.
No company should press recovery for statue barred debt.

In case a redg. post communication is supplied send the death certificate and reply by your able lawyer.

Your able lawyer may point out that death of CC holder was informed to company and company should have closed the a/c then and there without further addition of charges and interests.

In the meantime you may show the notice received by normal post to your able lawyer.
Amartya (Querist) 21 December 2013
@Mr Kumar - Thank you for your answer .

But can you please tell whether the CC holder's estate is going to face any trouble in this regard? (query above)

Regarding your statement-
"-able lawyer may point out that death of CC holder was informed to company and company should have closed the a/c then and there without further addition of charges and interests. "-
Can the death certificate be given without any proof of any kind? And can it be given without any forms of direct and indirect acceptance of liability?
T. Kalaiselvan, Advocate (Expert) 21 December 2013
CC holder's estate cannot attached for the outstanding credit on his name upon his death and even as it is it is barred by limitations, so not to worry.
P. Venu (Expert) 21 December 2013
Who is having the possession of the credit card after the death of the CC holder? Why he/she had not intimated death of the CC holder? Who had used the CC thereafter and how it was used?
Guest (Expert) 21 December 2013
Student's academic query!
malipeddi jaggarao (Expert) 21 December 2013
If nobody used the Credit Card after the demise of the card holder, you simply ignore their communication. They cannot do anything in a time barred debt. You need not even send any reply as the communication is in the deceased person's name.
R.K Nanda (Expert) 21 December 2013
nothing more to add.
V R SHROFF (Expert) 21 December 2013
WASTING TIME ON STUDENT'S ACADEMIC QUERY..
BAALASUBRAMANNYAMM (Expert) 21 December 2013
Agreed with Shroff ji.
Rajendra K Goyal (Expert) 21 December 2013
Well advised by the experts.
ajay sethi (Expert) 21 December 2013
claim is barred by limitaation
Guest (Expert) 21 December 2013
In fact, the query is hypothetical with no proper linkage as to how the daughter has come in to picture in the case of default in payment of credit card dues of his father?
prabhakar singh (Expert) 21 December 2013
No reply needed as much sufficient already advanced.
T. Kalaiselvan, Advocate (Expert) 21 December 2013
Agreed with the experts.
Amartya (Querist) 22 December 2013
Thank you for answers and your opinion about my query.
I think there has been a misunderstanding.
I am a student - yes ,but I AM NOT A LAW STUDENT and this is certainly not a hypothetical academic query! I just attempted to help a distressed family in their need through this query (which is not at all a time-waster I think ).

Anyways as pointed out above by experts this time-barred claim should be ignored without any replies (or any other communication) to the CC company that's what I needed to confirm.

Thanking all experts again in this regard.
malipeddi jaggarao (Expert) 22 December 2013
You are welcome.
P. Venu (Expert) 22 December 2013
It was offence that the card was used after the death of the card holder. The person who had used the card is liable for criminal action.


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