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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99529
Experience:  Lawyer
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I have a bad credit card debt that i was not able to pay few

Customer Question

i have a bad credit card debt that i was not able to pay for a few years. the account was closed on my credit history, they state unable to located, bad debt, written off. i voluntarily started making payments after a few years a that a collection agency starts calling me, finding my cell phone number, setting up false statements on their part, that i set up an agreement that i did not conscent too. now visa wants to start charging me interest but the account is close.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am not following the facts. Why did you start making payments after so long but now are taking the position that the account is closed? When is the last time you made a payment towards the debt?

Customer: replied 1 year ago.
2011 i had to default on payments, to honest and responsible in 2013 i started paying the money back that i borrowed.
Customer: replied 1 year ago.
the account was closed in 2011 after i started repaying it back, for a few years can visa start recharging me interest. on a closed, unable to recover, not found account.
Customer: replied 1 year ago.
can a credit card company after the account was closed, that i am able to pay monthy. it is legal for them to start charging me interest.
Customer: replied 1 year ago.
i am talking to a lawyer or councellor with a two year degree
Expert:  Debra replied 1 year ago.

The limitation period deals with the right to sue and does not extinguish a debt. Once the limitation period has passed the credit card company could no longer have sued you for the debt. However, when you make a partial payment towards the debt you restart the limitation period. That means that they can now once again sue you if you go into default. There is no reason why they cannot charge you interest because it was there decision to let the matter go, presumably because they could not find you, so they decided to say that the account was closed but that did not extinguish the debt which you owe until you pay it back. If they sue you the court will undoubtedly order that you pay both pre-judgement and post-judgement interest. So, unless you had an agreement with them back in 2013 when you started paying off the debt that they would no longer charge interest they have every right to charge interest, unfortunately.

I am not sure if you are asking whether I was a lawyer or not, but just in case you were, I am a lawyer and have been one since 1985.

Customer: replied 1 year ago.
i was not sued, i been paying this debt off for a year and a half. confused about the account is closed and was told by the credit card company no interest will be charged. now they are trying to charge me interest. what is your recomendation?
Expert:  Debra replied 1 year ago.

If you were told by the credit card company itself that they would allow you to pay off the debt overtime and without any interest being charged then you have the right not to be charged any interest. In that case, I suggest as a first step you go as high up as possible in the company by making phone calls, and if you can get someone to agree that you do not have to pay the interest then ask them to send a confirmation email to you confirming this. If you cannot get anyone to agree your next step would be for you, or a lawyer acting on your behalf, to send a letter to the head office of the credit card company, to the attention of the legal department, setting out the facts and explaining that there has already been an agreement that you will not be charged interest.

Customer: replied 1 year ago.
can you refer me to a proper lawyer who knows the canadian laws for direct consult and recommendations.
Expert:  Debra replied 1 year ago.

Do you mean you want me to tell you how to find a lawyer in the Yukon to contact by telephone or in person?

Customer: replied 1 year ago.
you are some who submissive to the laws not soeone who can tell me my rights. you won't get paid. i need a lawyer who is aggressive who can protect me tell me my rights not give me a two year lawyer coffee shop advice. recommend me to someone who does credit law
Customer: replied 1 year ago.
send an email to legal ease so i can complain

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