Cause of action in statute barred credit card debt

[celo]

Hello all,

I have been advised that the cause of action for credit card debt is the last payment. I can't seem to find a statute or precedent that one can adduce in court. Why do the web-sites and debt advisors claim the cause of action is last payment when it does not seem to be documented anywhere?

Thanks for your help!

[warwick65]

Re: Cause of action in statute barred credit card debt

Hi

The cause of action is complicated and can be reset

As far as I know, currently the cause of action for a credit card is taken by some as the remedy date for the default notice although if there was a long time between last payment and default I would personally think you have an argument bit not sure how to put that.

If the account has already been defaulted then I think yes the last payment would be a fair date as long as you didn't write to them in the mean time admitting the debt however , if it had been defaulted and they had agreed not to take action subject to a repayment plan I can see them trying to argue first missed payment

See what I mean about complicated

I assume this is relevant to you