LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Credit card

Guest (Querist) 15 August 2014 This query is : Resolved 
Dear Respected lawyers
I am here for your expert opinion, this is regarding the case of my uncle. He s 65 yr old retired Govt employee who helped his cousin in starting a business abroad by using his credit cards but all the money his cousin invested got lost as someone who cheated him.

now my uncle is unable too pay the money he owe s to the credit card companies and they are calling and harassing him he is living at a pension of 12000 rupees a month and even after he explained this situation to all the CC banks he owed money they are refusing for settlement and asking him to pay all dues which is impossible for him, we as family are taking care of his medical bills ( he suffers from diabetes and kidney problem) he has been on insulin for past many years and recently had a minor heart attack due to these problems

please advise
Advocate. Arunagiri (Expert) 15 August 2014
All the credit card companies are offering One Time Settlement for the defaulted customers. Many popular banks give 47% discount on the principal amount.

Take the help of any local advocate, he can get you a good OTS amount.
Guest (Querist) 15 August 2014
Dear Mr.Advocate Arunagiri

Very good morning and happy independence day. Thank you so much for giving ur precious time to reply. the problem is he doesnt have money to pay in 1 shot, he can pay whatever in very small installments as he brings home the pension of 12000 a month so this has become impossible for him to repay large amounts at one time. more of your expert advise will be appreciated and thank you sir for your time
God bless
P. Venu (Expert) 15 August 2014
Whatever the situation, no harassment could be inflicted or threats given in order to realise the outstanding debts - no one can take law in their hands.
Sudhir Kumar, Advocate (Expert) 15 August 2014
YOUR UNCLE HAS WORKED HARD FOR HIS MISERY.

He at advanced age forgot that:-

(i) Credit cards are for taking cash for unforeseen contingency or for purchases. This facility is not there for starting money lending business.

(ii) since his cousine could not get bank finance it is clear that either he was not credit worthy or his scheme was not viable or his scheme was illegal.

(iii) you can recover money from stranger but not from relative even if he resides next door and your uncle imagined that he will get refund from a person who is abroad.

(ii) Money given to any cousine/friend relative for starting business is always lost in business or in cheating. One can never be expected to deal wisely or mercifully to other's money.

Why bank should listen to all this study?

If they are not making OTS then beg for the same. If they go to court they are loser as they have lent him money more than paying capacity.
Sudhir Kumar, Advocate (Expert) 15 August 2014
let your uncle sue his cousine.
Sudhir Kumar, Advocate (Expert) 15 August 2014
You said your uncle is retired govt employee. Why his medical bills are not submitted to govt after following due procedure.
Guest (Querist) 15 August 2014
dear Mr.Sudhir Kumar

firstly i would like to thank you for giving precious time to answer my question and wish you happy independence day.
he is an old man he is not into any illegal scheme. his medical bills means cost of medicines etc are paid by us ( i hope you can understand that family needs to help him at this time) his cousin also suffered huge loss and he cant be sued. i know them personally they are very good people who just made a stupid decision, sorry i apologize on their behalf.
is he considered bankrupt as he does not have any property or earnings and he is 65 years old?

any kind advice by learned lawyers will be appreciated
thank you n God bless u

V R SHROFF (Expert) 15 August 2014
GO FOR "One Time Settlement " AS RIGHTLY SUGGESTED BY Shri Arunagiri
Guest (Querist) 15 August 2014
dear Mr.V.R.Shroff

thank you for your precious time to reply and happy independence day. i will forward your expert advise to him but at the same time i clearly see he cannot pay that huge amount at one time.
Sudhir Kumar, Advocate (Expert) 15 August 2014
you said

"his cousin also suffered huge loss and he cant be sued"

but he (your uncle) can be sued and the bank will do so.

But if he has no property then bank will achieve nothing by suing him as pension cannot be attached.


I repeat when one uses other's money in business he is bound to invest unwisely and get into loss or at least pretend so.
Sudhir Kumar, Advocate (Expert) 15 August 2014
you said

"he cannot pay that huge amount at one time."

please make his cousine to pay. You are running around for your uncle and his cousin who enjoyed his generosity may be sitting cooly at home.
ajay sethi (Expert) 15 August 2014
if he cannot make payment inform bank of his inability to pay let bank take legal proceedings for recovery of its dues .
Guest (Querist) 15 August 2014
Dear Mr.sudhir kumar sir


I really am thankful to you for the help and the time your giving to help us may God bless you for your generosity. His cousin is a very nice person he suffered a lot as well, he lost his livelihood.

Mr ajay sethi
thank you sir for your precious time and happy independence day to you. i will forward your expert advice to him but may i please ask the experts is it possible for him to declare insolvency?

thank you n God bless the learned fine gentlemen who are here to help the needful
Sudhir Kumar, Advocate (Expert) 15 August 2014
Well his cousine is nice person.

understood.


He stands nothing to lose by being nice.


Being nice he has been able to put you uncle (and in turn you also) in trouble.

He will continue to be nice as long as not made to pay money and as long as you and your uncle are convinced that he is not able to pay.

I reiterate

Money given to any cousine/friend relative for starting business is always lost in business or in cheating. One can never be expected to deal wisely or mercifully to other's money.

Sudhir Kumar, Advocate (Expert) 15 August 2014
today you cousine of uncle is not able to pay. Can you make him to sign a pronote for five years. Ask him and then judge how nice he will. In all probability will not sign the pronote and will humiliate your uncle.

Every defaulter debtor is very nice unless called upon to pay his debt.

SO COME ON REALITY. cat does not vanish by pigeon shutting his eyes.
Rajendra K Goyal (Expert) 15 August 2014
Consult a local lawyer to file for insolvency.
Guest (Querist) 15 August 2014
Dear Mr.Rajendra K Goyal is it possible for him to do so?can you put a little more light on this for me sir thank you and happy independence day
Sudhir Kumar, Advocate (Expert) 15 August 2014
even if he does not file any insolvency petition still bank may not be able to get anything from him (atleast as per given facts).

Nor he will get anything from his cosine even if he turn a millionaire later
Guest (Querist) 15 August 2014
Dear Mr.Sudhir Kumar sir
thank you again sir, is it possible for him to file insolvency? if so what will be the criteria n procedure?


sir i am a big fan of yours been reading all your answers to queries. your so passionate about your work i cant show enough respect for a gentleman like you. i wish there were more people like you in the world. God bless
Sudhir Kumar, Advocate (Expert) 15 August 2014
I am thankful for the regards.

But read again what I said. your uncle is surviving on meager pension and it cannot be attached and he has no asserts (as told by you) from where bank could recover anything. SO even if there is no insolvency petition nothing can be taken from him even if he loses money suit which bank will file at a far away place.
Guest (Querist) 15 August 2014
dear sudhir Kumar sir


thank you again and i mean every word of respect i said about you.
My final question will be if filing an insolvency petition will sop harassment from the bank n will they till file a lawsuit against him ..he has no property except a plot recieved from government donation which has a clause for 15 years against sale
Kumar Doab (Expert) 15 August 2014
Record all threats (audio/visual).


Attain a handle on bank and make them agree on monthly installments.



CC company would certainly want to get their debt paid in one shot as in case posted by you there is no surety how long a pensioner shall be able to pay. Hence the CC company is not agreeable on long term installments.


Your uncle wants to pay.

He need to understand how he can make them agree to accept installments.


Forget everything else and focus on settlement in a manner that suits you.

Tell everyone in your circle to stay as much as possible.........................away from CC.
Sudhir Kumar, Advocate (Expert) 15 August 2014
filing insolvency will be redundant even without redundancy he has nothing to lose in attachment except the plot.
Guest (Querist) 15 August 2014
Mr sudhir Kumar, the plot has 15 year clause. it cannot be sold for next 15 years. it is alloted by goverment to all NGOs

Mr.Kumar Doab, I hve forwarded ur advise to him but he says the bank is refusing and asking to pay full amount at one go. they are not being abusive but respectfully requesting him as he is very ill and only way they can contact him now is the phone or email as he has moved out to another house and the new people who have moved into his house are really something they are scaring away every CC recovery agent that is bothering them. he havent informed the banks of his new residence

Sudhir Kumar, Advocate (Expert) 16 August 2014
whther the plot is in his proprietorship
Sudhir Kumar, Advocate (Expert) 16 August 2014
what property does the cousine of uncle (who you say is a nice man) has.
Guest (Querist) 16 August 2014
he has a plot to but in his wife's name (who is also a nice person) but my doubt is how can the bank take away the plot that he havent used as security for the credit card n it has a clause for 15 years?
Sudhir Kumar, Advocate (Expert) 16 August 2014
I am sorry if the repeated adverse refence to cousine of the uncle (cause of his misery) is hurting you.

If will fully agree with you that he is nice man if you are able to obtain 5 year promote from him in favour of your uncle [without you and /or your uncle being insulted by him/his family].

other wise I can only remember a couplets of a hindi film song

TUM KAHLO SHARM ISKO
HUM TO ADA KAHENGEY


TUM ISKO PAYR KAH LO ULFAT KA NAME DEDO
LIKING JAMANE WALE ISKO KHATA KAHENGEY


Sudhir Kumar, Advocate (Expert) 16 August 2014
when the said 15 year moratorium is to expire.
Guest (Querist) 16 August 2014
No sir it not hurting me , in fact i appreciate ur care for my uncle. but i will ask him what you just said about 5 year promote and also I am checking for this song on youtube.

just for my knowledge may i ask since credit card is supposed to be unsecured loan so how come they can take away a person's property if not paid the debt? the property havent been used as security

please help me to learn as i am ignorant about this whole thing. i came to know of all these legal things by reading the forum
prabhakar singh (Expert) 16 August 2014
ALL IN ALL YOUR INTENTION APPEARS IN KNOWING THAT HOW CAN ALL OF THE NICE PERSONS AND MORE PARTICULARLY YOUR UNCLE SAVE HIS SKIN WITHOUT
PAYING LOAN.

FOR THAT AWAIT SUIT,DELAY IN APPEARANCE,DRAG YEARS RATHER DECADES IN LITIGATION,YOUR UNCLE WOULD BY THEN BE IN HEAVEN WHEN HE DOES NOT HAVE ANY ASSET ON THE EARTH.

SIMPLE!OR NOT?
Guest (Querist) 16 August 2014
Dear Mr. Prabhakar singh sir

You suggest he gets a lawyer ASAP? his intention is to pay but the bank is forcing him to pay all in 6 months. i feel sorry for him and the other nice people with him.

thank you for your precious time

prabhakar singh (Expert) 16 August 2014
MY DEAR!
MORE OFTEN THAN NOT I FIND DEBTORS INTEND TO PAY UNLESS THEY MEET DISABILITY TO PAY,CALLED BANKRUPTCY,WHEN APPROVED BY DECREE OF COURT,IT IS CALLED INSOLVENCY.

ON DEFAULT OF DEBTOR ,CREDITOR ASKING LUMP SUM HAS ONLY RIGHT TO SUE IT'S DEBTOR AND NOT TO HANG THE DEBTOR.
LIMITATION IS 03 YEARS UNLESS DEBTOR HAS SIGNED ANY ACKNOWLEDGEMENT.

HENCE MY POINT IS THAT UNLESS SUIT IS FILED
YOUR UNCLE NEED NOT WORRY.
Guest (Querist) 16 August 2014
another shocking revelation i just received, the debt of CC is more than one bank. just sharing news i received just now
prabhakar singh (Expert) 16 August 2014
NO PROBLEM!
Guest (Querist) 16 August 2014
so he must wait till all the banks sue him or does he file for insolvency first??
prabhakar singh (Expert) 16 August 2014
TO ME ,YES!ONE WITHOUT ASSETS NEED NOT FILE INSOLVENCY.
Guest (Querist) 16 August 2014
will filing insolvency first stop the other bank or banks from harasing him?
prabhakar singh (Expert) 16 August 2014
HARASSING?
DUNS OF CREDITOR SHOULD BE IGNORED BY DISABLED DEBTOR.
FILING FOR INSOLVENCY WOULD COST AND PROVE AN INVITATION TO SELF IMPOSED HARASSMENT IN MT OPINION OF THINGS HERE.
Guest (Querist) 16 August 2014
Mr. Prabhakar singh sir, thank you so much will try to follow what you say.
Just for my knowledge how much time does the court take to declare a person insolvent?
Sudhir Kumar, Advocate (Expert) 16 August 2014
Mr Prabhakar Singh stated more crisply what I wanted to say.
prabhakar singh (Expert) 16 August 2014
ONE CAN ONLY TOSS FOR THAT.
Biswanath Roy (Expert) 16 August 2014
This is a kind of evasion of debts tactfully to deprive the BANK who gave public money to your uncle for making charity to his cousin. We the experts in this forum cannot indulge such ill intents for evading public money by using our valuable legal knowledge and experiences.
Guest (Querist) 16 August 2014
Mr.Biswanth Roy sir

I can assure you that no one has the intention of evasion and we are not with ill intents. our intention is to repay the bank but in smaller amounts regularly but since the bank is refusing i am taking expert opinion a to what should be done if worst comes to worst but definitely we are not such people and my uncle has been an honest government employee for his life he never owed anyone any money except for this time which took place under unforeseen circumstances.
with all due respects, the BANKS also should be smart enough not give too much unsecured PUBLIC MONEY to someone who is a retired aged senior citizen with severe disability. at this age some people behave like kids and give away their money to others without even informing the family or consulting anyone for which the entire family suffers everyday.

thank you for taking your precious time to respond
Guest (Expert) 16 August 2014
Hi Avimusen,

Your statement, "I can assure you that no one has the intention of evasion and we are not with ill intents" is somewhat indigestable. Other part of your statement, "our intention is to repay the bank but in smaller amounts regularly but since the bank is refusing" is also strange, as in the whole of such a long discussion, you have never said earlier what was the response of the banks, if contacted, and what reason was quoted by them for refusal?

Very prolonged discussion on your part that too on the site for seeking legal solution cannot be said to be without intention to evade debt of the bank. If you had no such intention of evasion, you could well have contacted the concerned banks, as a matter of help to your uncle, to solve his problem for soft EMIs.

Also you have never come forward with the total amount of debt of your uncle. You started adding peacemeal information on gradual basis just to suit the replies or the queries of the experts. I wonder, how huge is his debt that he finds himself unable to pay even 5% (EMI) of the the dues out of his pension of Rs.12,000/- and on what basis the banks fixed higher credit limit (if that be) for your uncle without knowing his monthly income? Bank won't refuse to accept cheques of part payment, if you start with, instead of wasting time in raising queries after queries.

If you really want to help your uncle, better contact the banks concerned to get some relief, rather than stretching the thread too far and come with the real story after getting response from the banks. A debt is a debt for your uncle and the banks cannot be expected to waive off his debt, as they are responsible to honour their liabilities to their investors, whose funds were disbursed to your uncle as loan just to earn interest income for them, but not for the purpose of losing their original amount even. They can be expected to tighten the noose more and more on your uncle to cause severe mental tension to your uncle day by day, if mutual settlement with banks is not tried to be made.

Just think, can you afford to pay the huge cost of fighting legal suit against the CC companies, if you are unable to pay the debt in easy installments of merely 5% every month, just to lose the case with costs too?
Biswanath Roy (Expert) 16 August 2014
Your Uncle intentionally violated the principles and rules relating to credit card and knowingly misused the same by giving loan to his cousin for investment in his business. Merely because his ill health or age does not enable him or qualify him to misuse the legal aspect and intention of the usage of the credit card and that cannot be considered sufficient to avail mercy in the eye of law.
Sudhir Kumar, Advocate (Expert) 16 August 2014
morally your uncle must make his cosine to refund and you are not prepared to move on that directions because you believe he is very "nice" though swindled money which old man acquired by mortgaging his respect.
Sudhir Kumar, Advocate (Expert) 16 August 2014
"just for my knowledge may i ask since credit card is supposed to be unsecured loan so how come they can take away a person's property if not paid the debt? the property havent been used as security"

they will sue your uncle. get decree. seek execution by attachment of his asserts (and of his successors. If debt still remains he can be sent to jail.

his cousine will sit cool in his home because you feel he is "nice" man.
RAJU O.F., (Expert) 16 August 2014
Funding through credit card would be at exorbitant rate of interest. After few months of default the debt may be doubled. The beneficiary of the loan, would be happily enjoying the loan amount.
In the instant case, try to post this matter to Lok-Adalath, for settlement by contacting the local legal services authority. Thay can help to reach an amicable settlement by waiving portion of interest and allowing time schedule for repayment. Such Award passed by Lok-Adalath, is binding and also un-appealable to both sides.
Guest (Querist) 16 August 2014
Respected lawyers

i thank all of you for your kind help and also i thank the site for providing a platform where common people can come and get some legal advise for free from experts.all of you all your advises shall be forwarded to the concerned person

God bless all here n hope you keep helping common people like u always have been
Kumar Doab (Expert) 16 August 2014
Finally the thread is concluded with thanks by author.

Senior experts Mr. Prabhakar Singh, Mr. P.S.Dhingra, are thorough gentleman and have enriched the forum with contributions in this thread also.
Guest (Expert) 16 August 2014
Kumar ji,

Thanks for your appreciation. In fact, I found the author unnecessarily adding on something or the other to his thread without giving any real and tangible information about problem of his uncle leading to wasting of maximum time of experts.

I suppose, it was his own problem, but he put forth that as his uncle's problem, and wanted to ask for some clues on how he could evade payment of his debt somehow or the other. Had that not been his own problem, he would not have promptly replied to satisfy the queries of the experts just within minutes of posting by experts, as if he knew every bit of details and inside information of his uncle's credit card transactions. Now on my asking some questions, he has preferred to close his thread instead of replying my queries.
Guest (Querist) 16 August 2014
Respected Mr.PS dhingra

I am a 30 year old school teacher and i am not a liar or cheater i do not have any bank account i work and get paid for my work monthly basis this is for an uncle who is genuinely old and needful.

please do not insult me or call me a cheat as i did not provide any details as it is not my matter and i was trying my best to help my uncle by all means i can, he lives in another city i havent seen him in over a year my only contact with his family is through the phone.

since this is a publicc forum i am refraining from giving out my personal information. if you still think i am a liar and a cheat who was wasting your time and time of experts i will message you every single detail about me and how i live.
i teach social studies for classes 7 to 10th. and commerce for 11 and 12. I teach the last payment i recieve every month is 22K. i live within my means and i dont see a need to start a bank acount.
i would appreciate if i dont get insulted by learned experienced people just for asking a few questions.

thank you
Biswanath Roy (Expert) 16 August 2014
@ Mr. Dhingra,
We the Experts are supposed to reply the queries only, if we dislike the query or have any doubt about the querist we may ignore it but we cannot comment anything about the doubtful role of the querist. In fact it is not desirable to deviate from the tenets of our noble professional ethics and etiquette.
Sudhir Kumar, Advocate (Expert) 17 August 2014
the querist seems to be well advised.
Kumar Doab (Expert) 17 August 2014

Senior expert Mr. Prabhakar Singh, has advised the author fully on all points raised by him.

Mr. Prabhakar Singh has not given words to any one else’s thoughts.

Mr. P.S.Dhingra, have advised the author of this post very wisely.

Those who read this thread including author, experts, and visitors shall benefit from the meaningful advice (s) rendered in this thread, after ignoring unnecessarily stretched posts.

The author and his uncle for sure seems to have gained from froum(s) as is evident from his post:

“he has moved out to another house and the new people who have moved into his house are really something they are scaring away every CC recovery agent that is bothering them.”

The plot registered in wife’s name can not be attached for debt of husband.

Wife is not liable to pay debt of husband.

The borrower that want to pay..............may in a straight written communication express his intention to pay in monthly installments ( whatever he/she wants to pay say....the principle amount alone or principle+ some interest…………………………)and throw the ball in Bank’s court………………….

The interest in case of CC is not approved/governed by RBI guidelines…………………………..it is as per coterie of banker’s practices and has appropriately been termed ………………………….’USURIOUS’…………………

The borrower must note that settlement is an adverse entry and delinquency shall remain in credit history, FOREVER.
Biswanath Roy (Expert) 17 August 2014
@ Learned Sudhir Kumarji,
Uncle of the querist willfully violated the object and purpose of Credit Card and misused the same by giving loan to his nice cousin for investment in his nice business (the nice intention is questionable) although he is well aware of how to use credit card and for what purpose. Credit Card money is not meant for giving loan to any body for investment in the business This is a commission of fraud nicely over the Circulars of Reserve Bank of India as well as Banking Rules and Procedure. The Credit Card holder cannot deny such legal liabilities and cannot get any concession showing his old age ailments.
Sudhir Kumar, Advocate (Expert) 17 August 2014
@ Mr Roy

I well under stand that the credit card holder has done fraud. He knew he was carrying debt on exhorbitant rate and he was taking the debt beyond his paying capaciy. It was immoral on his part.


I also know he wanted to use this money in charity in the garb of loan to his cousine. Why his cuisine needed such money because he himself was either not credit frothy or his project was viable or his trade was illegal.

The action of his uncle as unwise as possible.

I have already described the same. There is a proverb in rural folk in Punjab "lavan byajoo davan udhar" [I will take on interest and given on credit. In urdu there is a proverb "pehle de udhar fir mang bheekh"

Further the sousine sqandered the money and made them to believe that he is cheated and they call him "nice" person. He and his uncle if they had mopped more money would have given further to him.

They are not seeking even an assurance or future pro-note from him. They money which cousine swindled was actually not of his uncle so he is also cool on this.

I have already stated so.


THE ROLE OF BANK IS UNPROFESSIONAL IN ZEAL TO LEND.

Querist has hidden the fact as to :-

(i) how many credit cards were there
(ii) how much is the withdrawal
(iii) how old is the withdrawal
(iv) how could a pensioner have such a large credit limit without misrepresentation of income

BUT BANKS HAVE ALLOWED SUCH ADVANCE TO A PERSON WHO

(i) no income to refund.
(ii) no property to be attached in recovery.
(iii) no guarantor.

I agreed with assertion of Mr Roy

"The Credit Card holder cannot deny such legal liabilities and cannot get any concession showing his old age ailments"

I never advised so.

He has to pay whether or not he recovers the money from the "nice' person who swindled the money or on whose behalf he incurred liability.
Sudhir Kumar, Advocate (Expert) 17 August 2014
I further fully agree with following views of Mr Roy

"Uncle of the querist willfully violated the object and purpose of Credit Card and misused the same by giving loan to his nice cousin for investment in his nice business (the nice intention is questionable)"


NOTWITHSTANDING ANY OF THE ABOVE POST.


I will add that in case (by any chance) the credit limit has been obtained by misrepresenting financial status or repaying capacity of the borrower, the loan will be refunded to bank in short time, if :-

(i) Bank detects such misrepresentation.
(ii) gives FIR.
(iii) police comes home with/without arrest warrant.
Sudhir Kumar, Advocate (Expert) 17 August 2014
I have already quoted couplets of a hindi film song, whic apply to conduct of his uncle as well:-

TUM KAHLO SHARM ISKO
HUM TO ADA KAHENGEY


TUM ISKO PAYR KAH LO ULFAT KA NAME DEDO
LIKING JAMANE WALE ISKO KHATA KAHENGEY

(film ganga ke lahrein)
https://www.youtube.com/watch?v=WPsXFqFobD0
Guest (Querist) 17 August 2014
dear Mr. Sudhir Kumar

I am really disheartened to see such quick judgement coming from such a learned an experienced person like you.

a) he was given credit card in 2007 when he was in service due to his god maintenance of his other loan n credit cards. he never misrepresented anything ( i just confirmed this with his family)
b) he withdraw the cash and the credit was converted to loan n issued to him through telephone (he was eligible) there are many people who get credit card beyond their repaying capacity coz they maintain their existing small cards well and repay on time. I have a 100 colleagues who are issued credit cards coz they settle their loans on time and repay everything on time.
c)continuously insulting 'nice person' or my uncle or me or making accusations or judging just because i asked a few questions I think is inappropriate.
d) I have aquired knowledge about the credit card and other law process through your forum by reading other threads, it is not me who has done i just inquired and found great details so just asked the experts to help me understand the debth of the situation.
e) I failed to find out that whether the credit or the loan on credit issued should be used for specific purpose or it is the wish of the debtor to use it as he like. (is it illegal to give that money to someone else or invest it in business??)

Anyway thanks for all the help and some insults and accusations i received here. Again please do not judge one person for making a mistake. or call anyone a fraud


thank you
Sudhir Kumar, Advocate (Expert) 17 August 2014
a) he was given credit card in 2007 when he was in service due to his god maintenance of his other loan n credit cards. he never misrepresented anything ( i just confirmed this with his family)


ANS : THAT IS GOOD THAT THERE IS NO MISREPRESENTATION. YOU KEEP ON GIVING FACTS ON INSTALLMENT BASIS
Sudhir Kumar, Advocate (Expert) 17 August 2014
b) he withdraw the cash and the credit was converted to loan n issued to him through telephone (he was eligible) there are many people who get credit card beyond their repaying capacity coz they maintain their existing small cards well and repay on time. I have a 100 colleagues who are issued credit cards coz they settle their loans on time and repay everything on time.


ANS : YES SUCH TRANSACTIONS DO HAPPEN AND BANKS DO NOT INSIST UPON THE GUARANTOR ALSO.

YOU HAVE NOT CLEARED WHETHER AT THE TIME OF CONVERTING THIS INTO LOAN HE DISCLOSED TO THE BANK THAT HE IS RETIRED AND NOT EARNING AS HE WAS EARNING IN SERVICE.
Sudhir Kumar, Advocate (Expert) 17 August 2014

c)continuously insulting 'nice person' or my uncle or me or making accusations or judging just because i asked a few questions I think is inappropriate.

I RETERATE EARLIER SUBMISSION

“today cousine of uncle is not able to pay. Can you make him to sign a pronote for five years. Ask him and then judge how nice he will. In all probability will not sign the pronote and will humiliate your uncle.

Every defaulter debtor is very nice unless called upon to pay his debt.

SO COME ON REALITY. cat does not vanish by pigeon shutting his eyes.”


BASED ON GIVEN FACTS THE BONAFIDES OF COUSIN OF UNCLE ARE NOT APPARENT.
Sudhir Kumar, Advocate (Expert) 17 August 2014
d) I have aquired knowledge about the credit card and other law process through your forum by reading other threads, it is not me who has done i just inquired and found great details so just asked the experts to help me understand the debth of the situation.

ANS ; WHEN THE DEPTH IS EXPLAINED TO YOU ARE GETTING ANNOYED.
Sudhir Kumar, Advocate (Expert) 17 August 2014


e) I failed to find out that whether the credit or the loan on credit issued should be used for specific purpose or it is the wish of the debtor to use it as he like. (is it illegal to give that money to someone else or invest it in business??)

ANS ; LOAN TAKEN FOR SPECIFIC PURPOSE SHOULD BE USED FOR SPECIFIC PURPOSE AND IN THIS CASE THE FACTS GIVEN INDICATE THAT IT WS WITHOUT SPECIFICATION OF PURPOSE

GIVEN FACTS DO NOT INDICATE THAT GIVING OF THIS MONEY IN CHARITY ( BELIEVE TO BE LONA) COULD BE CRIME IN THEY OF LAW. BUT SUCH ACTION IS NOT WORDY WISE AND IT IS ALSO NOT WITHIN MORALITY OF LEND SOMEONES MONEY TO A PERSON WHO IS NOT ABLE TO GENERATE A LOAN FOR HIS BUSINESS.
Guest (Querist) 17 August 2014
Mr.sudhir kumar

as i said this is not my matter each time i get a q i dial his family n convey everything including the accusations and insults to them and whatever they reply i post it here. thats why ur getting info in installments.


yes at the time of receiving. they never inquired about his source of income once he received the credit card.

i respond quickly as i am sitting on computer all day ( i am in holidays) n i love playing video games n surf the net each time i get an alert i respond.

sir i read all u said n thank you again i am not annoyed just felt insulted n i am a type of person who doesn't judge anyone that quickly and expect others to do so.


my question was simple. an old man happened to use his life long savings n loans etc to create something in his life and miserably failed now he cant repay, he asked banks for soft emi's they asked for full payment so in that case i wanted to know how he can live saving himself from harm n harassment.(intention to repay is always here) but he became a fraud liar and i am hidding facts etc etc... finally i am off this thread..

thank you once again to all those who helped
Guest (Querist) 17 August 2014
and i full heartedly apologise to all the experts here if i have offended anyone or took their precious time in asking too many questions.
T. Kalaiselvan, Advocate (Expert) 20 August 2014
I think it is a waste of time to all the experts who have explained the situation very patiently to the author who, despite having given proper advises by experts, does not want to understand them and insists a reply to his query alone, the author should realise that he is seeking explanation for justifying the illegal act done by his uncle who after availing loan refuses to repay but looking ways to evade the legal action. I think the author will be provoked seeing my reply and will come out new ideas to corner the issue, but no use, I will not react to it.
Guest (Querist) 20 August 2014
Dear Mr. T Kalaiselvan

thank you the time n response, but tradegy with us humans is 'we are not always right'
God bless u n thanks again ..have a wonderful evening
Sudhir Kumar, Advocate (Expert) 20 August 2014
MUFT KE CHANDAN
GHIS MERE NANDAN

LAMBA TILAK LAGA BABA
PAISA KOEE MANGE TO AGEY AGEY JA BABA



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :