Amount paid on behalf of other through my credit card
MOHAN LAL
(Querist) 18 October 2014
This query is : Resolved
Hi Experts,
Need your help to get out of the debt which I am not responsible for.
One of my friend's friend had bought a TVS scooty and the payment for which I made with my HSBC credit card total amount paid (52,800). He assured me that he would pay the amount asap, however he has just paid me only Rs. 20,000 in cash.
Now he is denying for the rest of the payment(Rs.32,800). My credit card due is growing with interest and late payment fees.
Could you please help me and suggest if I can make a suit against him? I have all the call recordings where he had been committing that the amount is been due from him. Its been almost more than 3 months for the transaction.
Thanks!!!
Please help
Mohan Lal
Devajyoti Barman
(Expert) 18 October 2014
Sorry, you alone are responsible for this folly and without compounding your interest anymore make the payment in CC.
As far CC payment is concerned you could do nothing except to make the payment fast.
However you can file civil suit for recovery of money to recover the balance money.
You can file criminal case of cheating as well.
MOHAN LAL
(Querist) 18 October 2014
Thanks Devajyoti for the prompt response.
Ok, I'll pay the amount myself. But could you please let me know that how much is the chances that I'll get back my money from him by filing the civil case? As I mentioned in my earlier comment that I have the call recordings of the conversations, would that help in the case or any other proof is required?
Thanks!!
Devajyoti Barman
(Expert) 18 October 2014
If you can prove the loan you would certainly get back the money. All epns on your chances of proof of making loan to the person.
V R SHROFF
(Expert) 18 October 2014
As advised by Shri Barman , pay the entire amount to avoid interest on cc.
Issue notice to your friend's friend to repay the balance amount at once, as officially you made payment for his TVS scooty. He cannot deny you paid.
But he can say, he paid you entire amount, and not just Rs. 20,000/- in cash.
You should have collected PDC , before payment.
Now you need to file cheating case,[ u may charge him using ur CC fraudulently] as well as civil suit for recovery of dues with interest.
Rajendra K Goyal
(Expert) 18 October 2014
To avoid application of compound interest pay the dues to card company.
Monetary Accommodation to relatives, friends generally does not come back in time. if received it is luck.
Send notice for recovery of money, recovery chances depends on the factors how you prove your loans to him and assets he possess.
Kumar Doab
(Expert) 18 October 2014
Agreed with experts.
If in recordings in your custody the person has agreed that he/she has paid only Rs................that can be in your favor.
Sudhir Kumar, Advocate
(Expert) 19 October 2014
You can act as advised by the experts.
But remember that money lent to friends and relatives is a charity in the garb of loan and never interned to be returned.
You learner this lesson in a lesser price. So you are winner even if you get nothing in the suit.
MOHAN LAL
(Querist) 19 October 2014
Thanks everyone!!!
@Doab
In recordings he has not mentioned that an amount of 20000 cash had been paid. So, just wanted to know if I can claim the entire amount with interest?
Advocate M.Bhadra
(Expert) 19 October 2014
Credit Card Holder legally obligated to make the avail the credit facilities if the borrower doesn't pay.Can be sued by the lender if the borrower doesn't make payments.
Send a Legal Notice to your friend by claiming your remaining money,failing which you can file a Civil Suit for recovery of the said money.
T. Kalaiselvan, Advocate 
(Expert) 20 October 2014
Thus, as rightly advised by experts, issue a legal notice and then file a money recovery suit,but before that clear the CC balance to avoid accumulation to a greater extent due to compounded interest.
Sudhir Kumar, Advocate
(Expert) 21 October 2014
you may have any length of recording in addition to the fact the RC is in his name and you have paid, you cannot forget :-
(I) why he needed you to pay. There just cannot be any answer that he was either not a credit worthy person whom no bank could have lent money or he was clever enough to know that taking money from bank has to be refunded and money taken from you is not to be refunded.
(II) a person who does not have resources to buy a bike why at all he should have a bike.
रखना बजुर्गों का यह कौल सीख
पहले दे उधार फिर मांग भीख
Sudhir Kumar, Advocate
(Expert) 21 October 2014
Now you pay the credit card dues through your nose because if you do not pay then you yourself will not be getting loan from anywhere in the word when you need loan for genuine purpose.
later on you take waste time and money in following steps :-
(i) Take statement of credit card.
(ii) beg before the agency to get details that based on this payment the bike was purchased by defendent.
(iii) transcribe the conversation and secure the same in a CD.
(iv) pay an advocate and send notice to him.
(v) file civil suit, pay advocate fee, stationary /transport charges, stamp duty commensurate to the debt you are going to claim.
(vi) if summons are not received by him you pay for public notice etc and keep attending court on each date.
Then your friend (then ex-friend) will make you run this way:-
(I) deny that you paid at all.
(II) deny that it was loan. He will argue that it was charity, gift or refund of your earlier liability.
(III) deny his voice in the recording you are keeping with you as a trump card. Then you spend for forensic examination of the same. Spend for evidence of forensic expert in court.
Sudhir Kumar, Advocate
(Expert) 21 October 2014
By the time you get a decree in your favour he would have sold the bike. Then
(I) You spend time and money for filing execution proceedings.
(II) it can be well expected that a person who just cannot raise loan for his luxury then he will have nothing to attach.
(III) Then you apply for his arrest and detention and you will deposit the cost of his boarding and lodging in Jail.
ajay sethi
(Expert) 21 October 2014
well advised by experts
Kumar Doab
(Expert) 21 October 2014
Approach your lawyer with everything that you have on record and choose the most suitable option to get your monies back.
If you don't act you won't get anything.
There are many posts on how you should act in future.
Learn from the advise in this thread for future.
