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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42952
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I received a general procedure claim issued by the WA

Customer Question

I received a general procedure claim issued by the WA Magistrates Court on behalf of Credit Corp on 30/11/2015.
It is regarding a personal loan with Citigroup taken out I'm 2003 and this debt was assigned to Credit Corp on 11/10/2013!
I can't remember this debt and would like to know where I stand???
Ming
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They are out of time to bring the action.

Citigroup had 6 years from the last payment you made to sue you. If you can recall when you last made a payment you can then argue the limitation act and have ti struck out with costs.

It come under the general limitations

http://www5.austlii.edu.au/au/legis/wa/consol_act/la2005133/s13.html

Unless it was a secured loan over property then it is 12 years.

I hope this makes sense and is of assistance.

Customer: replied 1 year ago.
Hi LeonShould I contact their lawyer and do I tell them this debt is statute barred?
Expert:  Leon replied 1 year ago.

Good afternoon

You should put it in writing that it os statute barred and if they do not withdraw it you will seek costs.

Then you see a solicitor if they refuse.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Any templates you can provide me Leom?
Expert:  Leon replied 1 year ago.

Good Afternoon

I dont have a template but I can look at something you draft and give you ideas

Expert:  Leon replied 1 year ago.

Good Evening

I am just following up my last post

are you still in need of assistance?