Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ramesh   25 December 2018

Credit card loan

hi this is ramesh my cousin brother took a credit card loan 5 years before and he dies 4 years before only, at the same time only we informed sbi bank like he is no more also we have submitted the death certificates also after that no call and no letters from sbi . but after fours years yesterday we have received one register post from dheli court like within 15 days we have to pay the loan amount otherwise they will take a action . i need some suggestions from urs.


Learning

 4 Replies

Shashi Dhara   25 December 2018

Ur recieved post may be legal notice. U clarify it.they have mentioned lrs or not verify it.if he doesn't pay loan his lrs have to pay it. U engage local advocate take his advice if necessary proceed if not clear the loan amount or contact bank &bargain &pay remaining balance be safe

Kumar Doab (FIN)     25 December 2018

The registered post contains a communiqué from court at Delhi?

Or the registered post contains a communiqué from CC company/lender?

Has CC company issued any communication previously also to legal heirs of deceased?

Have you so far consulted your own very able LOCAL counsel with all docs related to the matter? If yes, what is the opinion? Is the opinion in writing? Have you paid any FEE?

 

Has deceased cardmember has left any estate; self earned/acquired, share in ancestral?

Or he did not or he was insolvent?

Which personal law applies in this matter? Was deceased a Hindu?

 

The issue of jurisdiction of courts at Delhi can be raked up!

You may also inform about the death to credit bureau’s e.g; CIBIL, by email/letter thru redg. Post.

Kumar Doab (FIN)     25 December 2018

 

 

Usually the pending dues in case of CC are unsecured debt.

However in this case any loan offer/approval/agreement was signed? Was there any guarantor?

Did deceased leave any life insurance policy or policy on bank SB a/c, CC a/c etc etc?

 

However the lender can proceed to recover from estate of deceased.

If one has borrowed one should pay.

If legal heirs are willing they may agree to pay the principle.

However they are within their rights to ask for authenticated copies of Card issuance application (front/back all pages) signed by Card member, card member agreement, all monthly statements showing charges amd amounts paid and amounts due, available insurance cover and date of activation of policy,

 

MITC (e.g; (d) Default and circumstances iv.Recovery of dues in case of death / permanent incapacitance of cardholder

v.Available insurance cover for card holder and date of activation of policy)

CC loan brochure/offer/application/approval/T&C accepted under signature of Cardmember, , Master Circular on Credit card Operations of RBI and Customer Services code of lender (as adopted by lender and published by lender), Fair Practices Code of IBA, BCSBI  (as adopted by lender and published by lender), Code of Bank’s Commitement to customers etc etc

 

Avoid submitting Pan card of any legal heir.

Legal heirs can negotiate and agree to pay (by cheque/DD/cash and obtain duly stamped/signe dacknowledgment) principle amount and ask the lender/CC company to cleanse credit history and call back the name of Crad member from list of defaulters and issue Credit report issued by Credit burueau’s e.g; CIBIL, Equifax, Experian etc and full and Final payment receipt showing NIL balance and NOC ….In credit report don’t agree for terms like ‘Written Off’!

 

Kumar Doab (FIN)     25 December 2018

If you have issues; You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Consumer/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

 

In the meantime you may go thru;

5-Jun-2009      WP 14814/2007          K.L.MANJUNATH      K P SANTOSH KUMAR        THE MANAGER STANDARD CHARTERED BANK    Bangalore


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register