Legal Question in Banking Law in India

credit care default

hello sir

I owed a credit card from a prviate bank and had bought my computer paying 10,000 from the credit card, but last 2 years, I have not been able to pay the amount because my health problems. Now the bank is threatening me to take legal action.

So, please can anyone let me know whether in credit card, a bank can take legal action aganist its coustomer?

thanking you


Asked on 11/01/08, 3:52 am

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: credit care default

ya they can take action but if you will compromise with them then they may reduce the penal charges.

this is the best time to negotiate with the banks as they will reduce all the penal charges and u will be left with a very small amount to make payment.

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Answered on 11/01/08, 4:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: credit care default

Naturally, if you do not make the payment, the lender is entitled to take legal action.

You should consider negotiating a settlement with the Bank at the earliest and avoid litigation.

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Answered on 11/01/08, 9:32 am
Nasir Butt Nasir Law Associates

Re: credit care default

It is obvious and quite natural that creditor has right to sue upon default of debtor. They may file case against you. You need, either to pay amount accrued against you or negotiate with them. Debtor has to pay its debt in any way.

It is suggested that your negotiation may reduce your burden.

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Answered on 11/01/08, 9:48 am
J. Radhakrishnan independent Practice

Re: credit care default

The Bank can take action. If the computer you purchased out of the loan extended by credit card and the same is hypothecated or pledged to the Bank, the Bank can seize the same. If no such security has been created, they can sue you in a court of law

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Answered on 11/04/08, 10:17 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: credit care default

Of course the Bank can take legal action.

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Answered on 11/06/08, 5:16 am


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