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praveen (student)     13 May 2012

Scb

My father was using Standard Chartered Bank Credit Card, which we were not aware off, he had used his card to avail a loan, the sum of loan is also not known, and the date of taking the loan is also not known, My father expired in the year 2004, but now we are getting the call from recovery agent to recover the loan amount of Rs 5Lakhs (which includes principle,interest, late fee charges etc..), i was told that if we not recover the loan they will put case of Cheque Bounce against us, i am not sure when this cheque was dated, we closed all his known transactions by providing the death certificate, unfortunately this was missed out as we were not aware of the existance of the card/loan. 

My Question Against the Scenario is,

1.can they file a case against me or my family member, as we havent given any Cheque to Bank?

2.Will this case stand as the card holder is expired?

3. Will there won't be insurance to recover the loan in case of the death of cardholder?

4.Do we need to clear the amount as legalheirs after such a long duration after his death?

How can we get rid of this, is there any way out to come out this? please help as i am student and cant afford to pay even the loan amount.



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     13 May 2012

Just ignore them and don't entertain them at your residence.Once you start dealing with the recovery agents,you will be inviting more harsh troubles.In my earlier replies to credit card defaulters I have given a clear picture.

Kumar Doab (FIN)     13 May 2012

 

It shall be  appropriate to record these calls stating "they will put case of Cheque Bounce against us".

While SCB calls cajole them to speak their name, designation,address, name of bank/agency, and contact phone number and name, designation,address,of concerned local recovery/collection manager of the bank at your location, whom you can see in person.

Your father has expired in 2004, the bank seems to be  in possesion of some cheques, and the cheques are time barred, as a customer who has expired in 2004 can not sign the cheque in 2012. The cheque was valid for 6 months and now as per new  guidelines for 3 months from date of issue. SCB shall be in trouble. You may simply inform all the banks where your father had accounts, about death of your father under acknolwedgment by seal and signature of BM.

It is felt that loan is also time barred.You have the option of reporting the threats to police commissioner, and SHO in writing under acknowledgment.

You may avoid sharing PAN number, DOB, abnk detail of any of your family members with this bank. You may also avoid having any kind of account with this bank.

praveen (student)     13 May 2012

He expired in the year 2004 December and we closed all his bank account in jan 2005 and we have the copy of of passbook in whic it is mentioned as account closed.

Kumar Doab (FIN)     13 May 2012

You have posted that:

--"My father was using Standard Chartered Bank Credit Card, which we were not aware off, he had used his card to avail a loan, the sum of loan is also not known, and the date of taking the loan is also not known"

It is believed that you father had no single or joint a/c in SCB.If your father had any a/c in SCB e.g savings/FD etc.,and if you have closed the a/c in SCB, citing death of your father you have notified the bank.

It is also believed that SCB has not supplied any communication at your address by redg/speed post, courier and bank does not have signature of any one from your family as recipient on POD.

Banks usually would take out some letters as computer generated statements requiring no seal and signature from their record ( as computer generated printouts) and claim these were sent by the bank. However one should insist that responsibility of the bank does not end by sending bank's responsibility is to supply at the address of the borrower/account holder.Bank should be responsible enough to dispatch important communications by secure mode e.g. redg/speed post.

--In all probabilities bank would transfer the liablity for collection to some of its agencies. From various posts it is noted one Saha Finlease starts pushing the borrowers.

It is felt that you may lodge a complaint with police citing threats to life and belongings of your family and family members. Yur lawyer would know how to draft the complaint.

 In the o/o Police commissioner one or more  official have access to the data of owners of phone numbers lndline or mobile. This official can let you know the complete detail with address. 

You may apply your resources and approach the concerned official. In case of police complaint the police is expected to reveal the details to you.

You may also take your neighbourers, well wishers, councillor, elders in your vicinity into confidence and they can be your witness. If anyone attempts to coerce, intimidate your family police can be approached with witnesses and if you handle the matter properly police shall do the needful and bank shall be in trouble.

RBI has posted master circular, other circulrs on its web site for code of conduct for the banks.

You may proceed as deemed fit.


Attached File : 1034675509 rbi guidelines on supply of cc statements bills.doc, 1034675509 rbi regulatory mechanism for cards 62518.pdf, 1034675509 rbi mastercircular.pdf downloaded: 122 times

SAINATH DEVALLA (LEGAL CONSULTANT)     14 May 2012

These recovery agents are bothered only about the recovery from defaulters.You are talking about RBI guidlines,these people do not know what RBI is.My request is don't entertain them and better avoid them.

pradeep (na)     14 May 2012

Mr Sainath, RBI guidelines may be useful for Praveen, not for recovery agents. I agree with you that he should not entertain them & avoid them. Comments of Mr. Doab is informative.

Mr. Praveen,

From your post I presume that none of your family members know about use of SCB Credit Card by your late father. It is surprising. Have you thoroughly searched all personal documents at your father's office and at home and found nothing about SCB credit card, start-up kit or statements or any other communication from SCB? Have you asked your mother about use of this credit card and loan, whether she is aware of it?

For repayment of loan taken through credt card post dated cheques are not required, it will be recovered from credit card itself on monthly basis. And if monthly out standings of a credit card is not paid withine stipulayed time they contact over phone immediately, they will not wait for 7 years to remind. SO here I suspect some foul play by somebody.


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