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Prashant Agnihotri (Lawyer)     29 July 2013

Credit card deafaulter got expire

Dear sir,

          my friend's son was a credit card defaulters & he was expired in the accident six months later.My friend got notice of Rs 1 lakh from HDFC bank ,to appear in a LOK adalat.so tell me what is the procedue to deal with this case?



Learning

 5 Replies

Kumar Doab (FIN)     29 July 2013

It is unsecured debt.

Debt is not inherited.

Estate is inherited. His estate can be responsible for payment of debt(s)……………..

Most probably father shall not be co signor or joint debtor in this case. Credit Card(s) would be solely in his name………………….. thus the father may not have obligated himself to the creditor(s)/bank in any sense. Father may not have to pay the debt with his own money.

This lok adalat is special lok adalat or permanent lok adalat. This bank has approached Lok adalat probably to force a settlement on father. They simply want someone to pay and do not bother who does pay and how and would go to lengths to make the relatives feel that they have to pay………………

Remain vigilant and counsel your client to not to part  any information that the recovery agents may use and pounce upon…………………………..If the calls do not stop or are disturbing, coercive, intimidating……………lodge a police complaint and with ask the agents to approach your lawyer…………………….

Do not hesitate to caution MD of the bank Aditya Puri too………………

aditya.puri@hdfcbank.com

on writing on record.

 

 

If it is some special lok adalalt being conducted on the behest of the bank your lawyer may opine it is not mandatory for you to appear or negotiate………….

Approach a lawyer specializing in consumer cases………………….and proceed under expert advise of the lawyer.

 

Let your lawyer opinion be final on all points discussed in this thread.

1 Like

adv.raghavan (Advocate,9444674980)     29 July 2013

if your friend had signed guarantor for credit card  of his son,then he  has appear,if not he can file his side version thru an advocate. but it is better to settle bank dues with a negotiated amount.

1 Like

Dr. Jyothi Vishwanath (Assistant Professor of Law)     29 July 2013

If father is not guarantor, or secondary card holder, he is not liable. 

Be cool  

1 Like

Kumar Doab (FIN)     29 July 2013

The father must not part his pan card number dob etc. The settlement is adverse entry.
1 Like

Advocate Sastry (Advocate)     30 July 2013

If the father is not primary card holder  let him submit the copy of  death certificate and forget the isuue.

1 Like

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