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Jenny, Solicitor
Category: Law
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I had a credit card debt that I defaulted 2007. I wasn't able

Resolved Question:

I had a credit card debt that I defaulted 2007. I wasn't able to pay for years. the credit card agreement was on 2002.
the debt collection company has issued a County court claim in April 2015.
Can i defend this claim on the basis that the default happened more than 6 years ago. they should have brought the claim before the 6 years.
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. When was the last time you made a payment or otherwise acknowledged the debt?
Customer: replied 2 years ago.


I can't remember the last time I made a token payment to them. but the default recorded on my credit report on December 2013.

Does it make a different if I made a recent payment to a debt company?

thank you


Expert:  Jenny replied 2 years ago.
Hi unfortunately it does, even if a token payment or another acknowledgment of the debt is made then the limitation act would only work from the date upon which the token payemnt or payment via a 3rd party debt company was made.
This means that the limitation period runs from the last time you made a payment not from the date the agreement was entered into or the date on which you last paid in accordance with the original agreement.
I am sorry that this is not the answer you were hoping for.
It is probably best, ***** ***** circumstances to try to come to an arrangement with them. Visiting a debt advisor may be a good idea as they may assist you with coming to an arrangement which is affordable to you.
If you have any further questions please ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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