• Is addon credit card holder liable for default by primary card holder

In 2005 , 1) My elder brother applied for a addon credit card on my name . 2) The addon credit card was applied without my consent 3) My KYC were not submitted for the addon credit card 4) These addon credit card was never used 5) I never saw these addon credit card 6) I was not in india during that period 7) My elder brother was using his primary card 8) The primary card holder after some time have defaulted in payment 8) Now in November 2018 , The defaulted payment history of Primary card holder appeared in my cibil report , after enquiring with bank , they said that since your name is on addon card holder it came in your cibil report...9) Now the bank is saying that , until primary card holder clears all his dues , those defaulted transaction report will not be removed from the cibil of addon card holder...
Please help me as my cibil is spoiled and i am not able to go for any loan..
Kindly throw some light on it...
Asked 7 years ago in Civil Law

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8 Answers

when was last payment made by your brother?

 

if more than 3 years have passed claim of bank is barred by limitation 

 

3) you have never submitted any application for add on card 

 

4) it does not bear your signature 

 

5)your CIBIL record cannot be affected for default by your brother 

 

6) file complaint against bank before consumer forum seek orders to direct bank to remove defaulted transaction report from your CIBIL record 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Hi,

If the card is taken as you as primary cardholder, then you are liable for the default.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Issuing add-on card without your consent is blatantly illegal. Move consumer court.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Yes this is the practice to recover the amount by the credit card companies.

You may try to arrange settlement from the bank to correct your CIBIL REPORT.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

A primary cardholder is liable for all charges and debts on an account, whether charged with the primary or secondary card. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Bank's action in issuing add on card to a person other than the primary card holder is clearly illegal 

Plz report this to the banking ombudsman and RBI

Follow up with your complaint by filing RTI application 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Intimate the bank in writing. If they are not resolving file Complaint before banking ombudsman. You can also file a case against them in Consumer court 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The bank is right in its opinion that the add on card member being a part of the primary credit card holder, he is also liable for the default of repayment of loan.

You cannot dispute it nor you can file a case before consumer forum because the add on facility was availed by you on agreeing to the terms and conditions thereon.

Better sort out the matter with your brother instead of agitating the issue with the bank.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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