Credit card - addon holder cibil report - statute of limitations.
Joseph
(Querist) 05 May 2017
This query is : Resolved
Dear sirs,
My father had taken an ICICI Credit Card in 2005 in which he took an add-on card in my name. He passed away in 2006. We had duly informed ICICI Bank regarding his demise by submitting Death Certificate.
All his loans were transferred to me (on my request) and his Bank accounts closed.
Suddenly the bank sent a statement with charges not made by us. The charges were immediately disputed but on finding out that the primary card holder has passed away they stopped communicating with me as i was not an authorised user.
Now, in 2016 my CIBIL report has been updated with that card account even though I have not signed any application form.
What is a Banks Position on statutes of Limitation? How can they, after a period of 9 years harrass me by making such entry in my CIBIL report without any confirmation?
Kumar Doab
(Expert) 05 May 2017
"Suddenly the bank sent a statement with charges not made by us."
Is it pertaining to CC?
The CC was closed by making the payments of last CC BILL in full?
Joseph
(Querist) 05 May 2017
No sir. The card was not being used after my father's death. No payments were pending against CC but suddenly there were fraudulent charges which were immediately disputed.
Death certificate was submitted to the Bank after which bank stopped communicating with me as I was add on card holder and not the authorised user.
Rajendra K Goyal
(Expert) 05 May 2017
Primary card holder expired and duly informed to Bank.
Subsequent charges should not be levied.
File consumer complaint against the Bank.
Kumar Doab
(Expert) 05 May 2017
“No payments were pending against CC”
Either locate last BILL and last payment receipt and that should be as good as NOC.
Or the CC Company has to justify the charges.
Kumar Doab
(Expert) 05 May 2017
“suddenly there were fraudulent charges which were immediately disputed. “
The liability to establish is with CC Company.
You may go thru ‘RBI Master Circular on Credit Card operations’, Fair Practices Code.
If you wish you may Lodge complaint with CEPD-RBI, Department of Non-Banking Supervision-RBI.
Kumar Doab
(Expert) 05 May 2017
You can download the addresses, circulars etc from many similar threads on CC at LCI, by searching in SEARCH option e.g;
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
Kumar Doab
(Expert) 05 May 2017
e.g;
There are many threads and you can download judgments to:
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA
http://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA
http://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA
http://www.lawyersclubindia.com/experts/Credit-card-payment-473636.asp
Kumar Doab
(Expert) 05 May 2017
If you are unable to resolve on your own entrust to a very able local counsel of unshakable repute and integrity specializing in consumer matters.
For your credit report (CIBIL) report, you can ask the CC company (in writing under proper acknowledgment) showing name of member ( CC company) to supply it free or @ Rs.50/ as per RBI guidelines.
You may also add that it should supply you authenticated copy of communication it has sent to M/s CIBIL or any other credit bureau e.g; EQUAFAX, EXPERIAN etc regarding including you as defaulter..............
Kumar Doab
(Expert) 05 May 2017
You can also write to M/s CIBIL that it should not include you in list of defaulters and narrating the reason and may attach the concerned docs.
Joseph
(Querist) 05 May 2017
Thank you sir, I shall go through the information.
I have already recieved my Cibil report and consult a lawyer.
However, my specific question is regarding statute of limitations.
The card was blocked in 2007 after which there was no communication from the Bank.
Now after almost 10 years they have attacked my CIBIL rating which has fallen 80points. They have done all this without informing me.
Kumar Doab
(Expert) 06 May 2017
“All his loans were transferred to me (on my request) and his Bank accounts closed.”
Did the CC balance of Primary card was mentioned in any of your (Add On card) CC bills?
If yes, on which date/month/year?
Kumar Doab
(Expert) 06 May 2017
“Suddenly the bank sent a statement with charges not made by us. The charges were immediately disputed but on finding out that the primary card holder has passed away they stopped communicating with me as i was not an authorised user.”
Were these charges from Primary Card of deceased father?
Did CC Company supply you a written reply on dispute raised by you?
Did it reverse the disputed charges?
Did it again levy reversed/disputed charges?
Kumar Doab
(Expert) 06 May 2017
“Now, in 2016 my CIBIL report has been updated with that card account even though I have not signed any application form.”
Which application form?
Kumar Doab
(Expert) 06 May 2017
“after a period of 9 years harrass me by making such entry in my CIBIL report without any confirmation? “
A notice could have been supplied to you.
Kumar Doab
(Expert) 06 May 2017
Thanks for agreeing Ushaji.
Kumar Doab
(Expert) 06 May 2017
Also download and go thru:
RBI master Circular on Credit Card Operations
Fair Practices Code
of years that are involved in your case.
Guest
(Expert) 06 May 2017
Mr. Joseph,
You may or may not get solution to your problem with the "TRY AND DIE YOURSELF" type response out of 14 posts without any specific solution by Mr. Doab, an imposter, or by downloading his suggested several pages, BUT he has been successful to find remedy to his chronic disease of making multiple posts.
Kumar Doab
(Expert) 06 May 2017
““after a period of 9 years harrass me by making such entry in my CIBIL report without any confirmation? “”
A notice could have been supplied to you.
Refer to enactments posted for you.
You have already approached your own lawyer at your location.
With all information that you have got from this thread at LCI and ability of your lawyer you will be getting the resolution.
Kumar Doab
(Expert) 06 May 2017
You may also pick up pointers from posts of Mr. Rajendra K Goyal.
He has been with banks and have rich experience on banking matters, practices.
Guest
(Expert) 07 May 2017
Mr. Joseph,
If Mr. Doab has advised you like, "You may also pick up pointers from posts of Mr. Rajendra K Goyal," even after his 16 evasive posts, that itself indicates that he is not confident about his so called advice even to the slightest extent and has given you merely misleading and wrong advice so far. You can very well realise, what could have been the relevance of making 16 posts against your simple problem.
Further, if he believes about Mr. Rajendra K Goyal that "He has been with banks and have rich experience on banking matters, practices," the advice of Mr. Rajendra K Goyal is also wrong, when he states, "Subsequent charges should not be levied," and "File consumer complaint against the Bank."
If he has been with banks and have rich experience on banking matters, practices, Mr. Goyal should have known that the ICICI Bank is not the owner of the credit cards, but, VISA, Master Card or American Express, as may have been indicated on the type of card, are the owners of your Credit Card.
The crux of the problem seems to be about not making any effort to get the credit cards cancelled after the death of your father.
So, your intimation about death of the card holder was due not for your own bank branch, but was due to be sent to the designated issuing office for the purpose of cancellation of the cards duly supported by a request for cancellation of card along with death certificate and the duly cut down cards in pieces.
So, the advice of Mr. Rajendra K Goyal is also wrong, if he suggests you to "File consumer complaint against the Bank." Your case is likely to fail, as none of the cards, original as well as the 'add on' card, was not got cancelled in time.
Since, you as an 'Add on' Card holder are alive and the cards were not cancelled (blocked only in 2007), it is only you who have to take care of the settlement of dues or to get your CIBIL Credit Report affected.
However, on the given facts, no purposeful advice on your query can be given without examination of your CC related documents.
Since, as per your statement, you have "consult a lawyer", better rely on him. If you have any doubt about his advice, better get the documents checked by some other lawyer in order to get your doubt cleared.
