Legal Question in Civil Rights Law in India

Hi.. One of my office colleague didn't paid the credit card payment for 3 years. Now the bank called me that we'll issue legal notice to you as he referred your name in the application. I even don't that person as he moved some whereelse; though I am not sure that he used my number as reference. However what can i do at this situation...?


Asked on 9/27/12, 3:27 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once a legal notice is issued, ask your lawyer to reply the same.

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Answered on 9/27/12, 4:54 am
Fca Prashant Chavan Expert Edge LLP

28.09.2012

Dear Sir / Madam,

Mere reference of your name in the Credit Card Application by the original card holder does not automatically infer that you are the guarantor for repayment, unless you have specifically signed and agreed to the terms and conditions of the Credit Card Application.

The bank will have to first initiate legal action for recovery against the applicant only. The onus is on the bank to find out his whereabouts and trace him.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 9/28/12, 4:46 am


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