Some days ago , a deman notice & invocation of Arbitration, treceived by my friend. The notice was issued to his mother, who died 15 years before. He has not received any Credit Card statement or notice from bank in last 15 years after her death. Does he has to pay the sum ? What kind of replay should he write to the law associates, who send the notice. Pls help
The amount borrowed through credit card is personal in nature hence there is no liability on the legal heirs of the deceased borrower to repay the same.
The credit card loan refers to way back 15 years debit amount, hence it is very badly barred by limitation.
Your friend should not acknowledge the same becasue it is not on his name, if at all the lender bank ant to take any action against the borrower, let them initiate because no action would be maintainable against a dead person.
claim of bank is barred by limitation
2) reply to notice that mother died 15 years back and claim is barred by limitation
Your friend may simply ignore the notice. Let the bank which issued the credit card take steps to find out the legal heirs of the deceased. Your friend need not volunteer any information at this stage. Unless impleaded in a suit as a legal heir of the deceased, your friend not not worry.
They have lost the right to collect a single rupee from you. After 3 years of last transaction they cannot take any action against you in Court or in police. They are trying to scare you. Don’t go the them. Once you go to them they will force you to sign on papers. Don’t answer to any notice issued by them. Don’t give anything in writing. They will be recording your calls therefore talk to them carefully. Never give any cheque to them. They may try to intimidate you. File a complaint against them in police station.
If it's not taken by you don't pay.
Beyond period of limitation. No liability arises
You have to mention at the arbitration that the person is dead and no transactions done via credit card since then. If you thing something is fishy lodge a police complaint as maybe some one would have forged and made fake credit card on your dead mother's name.
Dear Client,
As per the facts provided, first you should confirm it with the respective bank and if the repayment amount is true he will have to pay it as legal heirs are entitled to pay the debt in case of death of the holder.
Thank You
