QUOTE(rickkywong @ Feb 16 2013, 12:51 AM)
An article from today Star Paper.....
Is there any sifu can explain on this & what is the advise.....
"MY father passed away a couple of months ago and we noted that he had a credit card. We surrendered the card to the bank, together with a copy of his death certificate.
To our surprise, we received a statement from the bank and a letter asking us to pay the sum outstanding.
First of all, why does a bank give credit card to a retired person who has no income besides his pension? I understand that a lot of transactions can be done through the credit card and it can be convenient for a pensioner.
However, the credit limit set for him was very high, and I am curious to know how the bank approves such limits. Shouldn’t the banks look into the life expectancy of people? My father was more than 70 years old when he passed away.
Is it fair to go after the family members to pay the outstanding bills? With the high interest rates, it will be difficult for us to settle the debt overnight.
Can someone enlighten me on how to handle this situation?
JJM1975 Selangor"
In my opinion what transpired was that the "Father" passed away and the surviving family/estate went to the bank to close everything as part of the closure process that everyone would do. (Bank accounts/credit cards etc)
During that process, if the credit card has any outstanding balances, the bank would first attempt to offset it with any balances from either the Savings or Current account of the deceased. The account would then be successfully closed if the balance is sufficient to cover the credit card outstanding balance. (Balance from the Current/Savings would then be surrendered to the deceased estate)
There will be complications if the balance is not enough to cover which is the case highlighted here. If such were to happen, the bank will then proceed to claim this amount from the deceased estate and I would to note that the banks have every right to do so under the Malaysian legal system. It looks like in the above, it is further complicated by the possibility that the deceased may have "left" a lot of outstanding balances.
I am of the opinion that the blame should not be shifted over to the bank as the responsibility for paying your credit card bills has always been the sole responsibility of the card holder - irrespective whether you are young or old. In the story above
JJM1975 wanted the banks to be accountable for granting a credit card to a pensioner but what if the deceased was a young man ? Or a middle aged man ? I don't think it is a situation of how old you are (some pensioner may still be working) but how all of us treat unsecured (or even secured) credit facility/debt. We have seen this story being posted in this forum several times in the past along side with the many stories about how many go about spending beyond their means with piles of credit card outstanding.
What the deceased could do is to negotiate with the bank on a payment schedule if they could not pay it in one go. And to note, it might be highly possible to ask for the interest to be freeze and the amount would not grew over time anymore. After all, it is to the banks interest that they are able to recover and close such cases successfully. However, if one thinks that they can outrun the bank in any means ... please reconsider - the provisions in the Malaysian law unfortunately does not see it that way and I would advise anyone to be accountable for their own debt for the sake of their loved ones. Be prepared for an exhaustive legal battle (you may interpret every single word in the book with your lawyers) if the surviving estate choose to fight it out with little chance that the outcome will side their way.
Well ... I shall leave further debate of this situation to the members.