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Gods Grace   03 September 2016

Person died with credit card and personal loan due

Hello, My friend took loan from private bank and credit cards, and recently he died in accident, now he has given my name as work colleague, his personal loan and credit card has no guarantor. And I was the person who has confirmed he works with me, now bank has right to claim his dues on me? or His family? As he has no property on his name and nothing savings. What cane be done? Bank Will file anything on me and his family? 
 
Please do the needful. 


Learning

 13 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 September 2016

If you have not signed any Gurantor deed on behalf of your friend, no action can be initiated against you for recovery of credit card dues of your friend.

 

Confirming that he is working with you is not a guarantee. But, examine the document which you had signed and given to Bank while confirming that your friend was working with you. Whether any undertaking was part of the document where you had given a guarantee.

Amandeep singh   03 September 2016

No your not liable and bank can not recover anything from u. Be sure don't sign on anything without seeing carefuly

GANDHI MOHAN BHARATI (Pensioner)     03 September 2016

Unless one goes through the fine print, one does not really realise what they are signing for. Please check what you signed for. If the fine print says you are liable, well you may have no option. However, as you mention that your friend died in an accident, his legal heirs may get Accidet Compensation; you may liaise with them to reduce your burden, if you become liable.

GANDHI MOHAN BHARATI (Pensioner)     03 September 2016

If I am not wrong, the Banks take out an Accident Cover Insurance and your friend might have signed a nomination. Check

Kumar Doab (FIN)     03 September 2016

You have posted that:

"I was the person who has confirmed he works with me"

 

If in fact, he was working with you and you confrmed it then, it is  fact.

Have you made a wrong statement?

Apparently you have no liability.

Still the Bank is under obligation to confirm to the family of deceased  about (master) insurance policy (if any) thru bank and supply authenticated copies of CC issuance form and statements with signed charge slips, Personal loan offer/brochure/loan application/loan approval/loan disbursments/loan agreement/KYC docs collected/loan statements etc.............

 

Likewise if CC company/bank approached you it is under obligation to supply you authnticated copy of all docs on record. 

If decased was Hindu then his son/family has no liablity to pay the debt.

The CC company/bank can proceed to recover from his estate,if any,left by him. 

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 September 2016

1.  Deceased's  Credit Card liabilities are "civil type liabilities"  AND CANNOT be transferred to anyone, whosever, without following due procedure of law, under the Civil laws.  Typically the Credit  Card company has to write off the deceased's liabilities, as non-recoverable, subject to certain parameters.
There is no Criminal liability applicable, of whatsoever kind.


2.  There is no such legal liability as "guarantor or whatever", as far as Credit Card liabilities are concerned.  


Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com 

Kumar Doab (FIN)     03 September 2016

Why to repeat?

 

Laxmi Kant Joshi (Advocate )     03 September 2016

Without guaranter and witness a bank never sanction /give a loan to anyone ,check the documents carefully where and in which column you had signed .

dr g balakrishnan (advocate/counsel supreme court)     04 September 2016

you are not a guarantor as you did not stand as his surety .

Gods Grace   07 September 2016

No I have not signed any bank documets nor his parents has signed any documets. I have checked with bank to shows if we have signed any documents. They didn'thave any docuements of us. They even didn't called his parents while giving the loan, now for recovery they are troubleing them. 

The person who died has no estate, no insurance. And they are just getting calls to pay our dues. As he has just given the name as refrence. No Sign, no documents. nothing BANK has have. 

Gods Grace   07 September 2016

Originally posted by : SIVARAMAPRASAD KAPPAGANTU

If you have not signed any Gurantor deed on behalf of your friend, no action can be initiated against you for recovery of credit card dues of your friend.

 

Confirming that he is working with you is not a guarantee. But, examine the document which you had signed and given to Bank while confirming that your friend was working with you. Whether any undertaking was part of the document where you had given a guarantee.

 

No I have not signed any bank documets nor his parents has signed any documets. I have checked with bank to shows if we have signed any documents. They didn'thave any docuements of us. They even didn't called his parents while giving the loan, now for recovery they are troubleing them. 

The person who died has no estate, no insurance. And they are just getting calls to pay our dues. As he has just given the name as refrence. No Sign, no documents. nothing BANK has have. 

 

Kumar Doab (FIN)     07 September 2016

The matter has ben discussed in detail.

Record all calls, visits.

 

 

Kumar Doab (FIN)     07 September 2016

You may go thru:

 

 

There are many threads and you can download judgments to:


https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4


https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y


https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y


https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA

https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA

https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

 


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