ICICI card holder died, bank harassing ADD ON HOLDER now.

[0xShailesh]

Hi Guys,

My grandfather had a credit card with ICICI Bank in 2005. He passed away in 2007. He made an Add on card for my uncle a few months before passing away.

But somehow ICICI Bank shows this card in my Uncle's CIBIL, despite him being an add on card holder.

I don't understand how, I believe add on card holders are not responsible for the payment right? Please correct me if I'm wrong.

Already contacted Ombudsman, and RBI but RBI is closing the case.

Is there anything thaT could be done, since my uncle never used the card, he was just an add on card holder. Now the bank is forcing him to do a settlement at 60% all these years later, and never contacted him in past 16 years.

 

[shubhamosy]

What is the actual outstanding amount and current outstanding (including fine)?

 

[0xShailesh]

What is the actual outstanding amount and current outstanding (including fine)?

Around 50k INR with their interest and fines

 

[Walter White]

Hi Guys,

My grandfather had a credit card with ICICI Bank in 2005. He passed away in 2007. He made an Add on card for my uncle a few months before passing away.

But somehow ICICI Bank shows this card in my Uncle's CIBIL, despite him being an add on card holder.

I don't understand how, I believe add on card holders are not responsible for the payment right? Please correct me if I'm wrong.

Already contacted Ombudsman, and RBI but RBI is closing the case.

Is there anything thaT could be done, since my uncle never used the card, he was just an add on card holder. Now the bank is forcing him to do a settlement at 60% all these years later, and never contacted him in past 16 years.

The debt get passed on to the legal heir in some cases. But, add on card holder has no liability towards it. If you use add on card after death of primary cardholder, it is considered as fraud. After 16 years, no one can ask you to repay it.

 

[0xShailesh]

The debt get passed on to the legal heir in some cases. But, add on card holder has no liability towards it. If you use add on card after death of primary cardholder, it is considered as fraud. After 16 years, no one can ask you to repay it.

Yes, that is right. The adon card was never used. Is there any RBI rule about it, maybe quoting it to ICICI would do something.

 

[jack333]

Yes, that is right. The adon card was never used. Is there any RBI rule about it, maybe quoting it to ICICI would do something.

How can they ask your uncle to pay if addon was never used? Even if it had been used, he was not liable to pay as the primary only pays. This is total violation of rules

 

[Walter White]

Yes, that is right. The adon card was never used. Is there any RBI rule about it, maybe quoting it to ICICI would do something.

Even default bhi hota toh 7 years ke baad trace nhi rehta CIBIL me. 16 years ke baad I don't even think ki ab koi recover kar sakta hai amount. Nhi toh FIR file kar do.

 

[0xShailesh]

How can they ask your uncle to pay if addon was never used? Even if it had been used, he was not liable to pay as the primary only pays. This is total violation of rules

yes, don't know where are they making these rules. By the way are you aware of any RBI rule which I can quote them on the email about this.

 

[0xShailesh]

Even default bhi hota toh 7 years ke baad trace nhi rehta CIBIL me. 16 years ke baad I don't even think ki ab koi recover kar sakta hai amount. Nhi toh FIR file kar do.

Yes right, tried filing a dispute on cibil but they rejected. Apart from FIR is there anything that could be done?

 

[jack333]

Rbi ombudsman should definitely help you out. What did they write in closure email?

 

[0xShailesh]

T

Rbi ombudsman should definitely help you out. What did they write in closure email?

The ombudsman says whatever the bank is saying is correct. The add-on card holder is liable to pay the dues. But did not quote any law or RBI rule as such.

 

[Walter White]

T

The ombudsman says whatever the bank is saying is correct. The add-on card holder is liable to pay the dues. But did not quote any law or RBI rule as such.

Ek RTI file karo RBI ke against. Unse yeh guideline nikalvao add on cards ke regarding. Normal cases me 30 days lagta hai reply aane me but special cases me 48 hours me ho jaata hai. Special case wala approach kabhi try nhi kiya maine toh iske liye tumhe check karna padega.

 

[0xShailesh]

got it, thanks will do

Ek RTI file karo RBI ke against. Unse yeh guideline nikalvao add on cards ke regarding. Normal cases me 30 days lagta hai reply aane me but special cases me 48 hours me ho jaata hai. Special case wala approach kabhi try nhi kiya maine toh iske liye tumhe check karna padeggot it

 

[shubhamosy]

got it, thanks will do

Keep us updated; this is new for us.

 

[bugmenot]

@TechnoFino @bhavyegoel @Subhankar
This is a good topic for an article. Request to write a blog on what to do if a primary card holder dies.

 

[j_s]

There is a concept called statute of limitations in contract law. The onus is on the bank to prove that it qualifies under this. You will have to demand though. Get hold of a contracts lawyer.

 

[jack333]

@TechnoFino @bhavyegoel @Subhankar
This is a good topic for an article. Request to write a blog on what to do if a primary card holder dies.

Someone earlier had mentioned in the forum that after someone had passed rbl bank had written off the due amount on his credit card. Maybe he didn't have any addon?

 

[TechnoFino]

Have to research about this topic. I'm not sure if add on card holder is liable to pay due or the legal heir. But add on card holder is an authorized users of the card account, so it will definitely affect add on card holder's cibil report.

 

[ltf4ever]

Hi Guys,

My grandfather had a credit card with ICICI Bank in 2005. He passed away in 2007. He made an Add on card for my uncle a few months before passing away.

But somehow ICICI Bank shows this card in my Uncle's CIBIL, despite him being an add on card holder.

I don't understand how, I believe add on card holders are not responsible for the payment right? Please correct me if I'm wrong.

Already contacted Ombudsman, and RBI but RBI is closing the case.

Is there anything thaT could be done, since my uncle never used the card, he was just an add on card holder. Now the bank is forcing him to do a settlement at 60% all these years later, and never contacted him in past 16 years.

I am no expert on such issues, but if your uncle inherited your grandfather's assets, then he is also inherits liabilities.
so the net inheritance should pass on to the grandfather's successors which cannot go into negative.
happy if proved wrong on this.
EDIT: since credit card is unsecured credit, banks should not have any claim over assets of the customer who passed away. the risk the banks bear for this unsecured line of credit is modelled into their card fees and APR.
I suggest better get a lawyer. ICICI is stooping to a new low.

 

[shushansh]

Firstly, it is definitely not ICICI who is asking the amount back, after 16 years, your debt definitely got sold to some recovery agency and they are simply pretending to be from ICICI to recover the debt.
Such recovery agencies may use really foul language and even threats just to get you to fold.
Since the debt would make no impact to your CIBIL or even your relation with ICICI, you can ignore these calls, no need to settle the debt.

It is possible that the recovery agency might report this as a fresh outstanding in your CIBIL, but you can fight it very easily, showing the proofs that it was a decade old debt.