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Flower (Team Lead)     15 April 2010

Am I responsible for Dad’s Debt?

Hi everyone,

I am a full time employed, married woman from Chennai, Tamilnadu, India.

During 2009 I applied for a Personal Loan from AXIS and CITI and there were no problems. Now in 2010, I applied for a top-up personal loan from AXIS bank and they denied it saying I have a record in CIBIL for my name.

I asked AXIS bank how come they have a record in CIBIL now and not during 2009. They asked me to contact CIBIL and gave me a Control Number. I contacted CIBIL to which they replied a Credit Card Number and also saying that I owe around 40K to HSBC for those Credit Cards.

I was surprised because I never had any account with HSBC and never had any Credit Card from any bank for that matter. I contacted HSBC then they said this reply..

Referring to your query with regard to the updation of your CIBIL records, we wish to confirm that the CIBIL record has an exact match for your mailing address and it is for two cards in the name of Mr. XXXXX. There is no information pertaining to the card number as confirmed by you. We confirm that the reason for the loan getting disapproved would be because of this CIBIL address match.

That Mr XXXX is my dad's name. So I asked my dad whether he owes any money to HSBC then he said this that When I was at college (during 2001-2004) My dad over used some HSBC Credit Cards. He could not repay it and hence settled it for a lesser amount to which even the Bank agreed. He also mentioned that he never gave out my name as guarantor. He got those credit cards solely all by himself.

Now how should I approach this? I want to remove my name from CIBIL. Because of this I can not apply for any loan... please advice!



Learning

 8 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     15 April 2010

you have to apply to consumer forum,

as case in consumer forum give your complaint over there.

as you cannot be held liable for your dad's action and in case your dad has re-paid the same show the records to the relevant officers and go through the advice of local advocate.

provide as proof communication from the bank i.e hsbc. 

1 Like

R.R. KRISHNAA (Legal Manager)     15 April 2010

You shall approach the bank for loan again and inform them clearly that your dad has certain liability towards HSBC and you have nothing to do with that.  In case if the bank requires you to swear an affidavit to acknowledge the above facts in stamp paper you can do so and submit the bank.  This will do for granting loan.

 

Or else simply send a letter stating the above facts to the bank by registered post and acknowledgement due(RPAD) and let the bank reply that they deny you loan on the reasons of CIBIL report.

 

Based on the above reply letter from the bank you can file a consumer complaint before the consumer court for causing deficiency in service for not granting loan despite you made it clear to the banks that the liability over the HSBC cards is only that of your fathers and not yours.  You shall also parallely complaint before the banking ombudsman in chennai about the banks behaviour of not granting loan and seek strict action against the erring officials.

 

You also send a legal notice to CIBIL narrating the facts that you have not availed loan and your father only has availed loan and demand CIBIL to remove your name from the defaulters list.

2 Like

Flower (Team Lead)     15 April 2010

Thanks guys for your reply. Also, I am sorry I did not post it in the correct section of this forum. I am new to this and found this forum via Google search. As it is related with my Dad's Debt I thought I better put it in this section and sorry about that though.


So, these are what my action points:


1. First, try telling the bank that I do not owe any money to HSBC and it is my dad who owes it. So, please provie me the loan.

2. If they still do not accept, I should mail CIBIL explaining the case (with HSBC's mail) and ask them to remove my name from CIBIL.


I do not know what to do if neither of the above works... Let's see how it goes...

 

Once again thanks for all your time!

Flower (Team Lead)     15 April 2010

..and in case your dad has re-paid the same show the records to the relevant officers

 

This is not possible in my case because my dad did not get any document or statement from HSBC when he settled his debt for a lesser amount. His fault!

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     15 April 2010

well in that case you have to file a case i.e. complaint with consumer forum.

consumer forum is a place where all disputes related to customers are settled.

you being prospective customer of the bank and having all the elegible criteria,

only denied of loan as there is a match in the address as per cibil records. i.e. your fathers so called debt.

in consumer forum you have to provide evidence as communication from hsbc as regarding match of address in cibil. 

Flower (Team Lead)     15 April 2010

I am sorry to sound dumb but where is the Consumer Forum? Do you mean the Consumer Complaints section in this forum under Civil Law section? or some physical location in chennai?

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     15 April 2010

District Consumer Disputes Redressal Forum (North) 
212, RK Mutt Road, I Floor, Mylapore 
Chennai 600 004

charushila (Lawyer)     15 April 2010

You can approach to consumer court with the help of advocate.

As for the act of your dad you cannot be held responsible until and until you are guarantor...mere because mailing address matches does not amounts that you owe money.

As in your statement u wrote that your dad "settled it for a lesser amount to which even the Bank agreed" so in such case, the bank must have been provided with a Settlement Note to your dad, you can furnish the same as evidence..

You can write Letter to CIBIL with proper evidence of your dad as sole owner of credit cards such as                1. Settlement Note, 2. Credit Card application details where nowhere reflects you name as guarantor and 3.Any proof of his sole ownership of Credit cards, state the facts in the letter and prove that he was alone resposible, you are no where concern for it and request them to remove your name from the defaulters list so that you can apply for the personal Loan. (Mark letter CC to HSBC, CITY and AXIS Bank so that be also be in knowlege of you action)

After clarification from CIBIL you can proceed for futher line of action..

 


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