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I have a company chasing for a credit card debt which is dated

 
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  • Answered by:legal eagle
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Customer Question

I have a company chasing for a credit card debt which is dated 2003 can they still collect and chase for this debt, this is the first that I have heard about this for over 6 years.

Submitted: 344 days and 1 hours ago.
Category: German Law
Value: 25 €
Status: CLOSED

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Expert:  legal eagle replied 343 days and 23 hours ago.

Dear Customer,


thank you for using Just Answer

It depends on the statute of limitations


If there is an executary title ( enforcement order)the statute of limitations is 30 years

Any interest you may have to pay on that debt however has a statute of limitations of 3 years, so that you will have to pay interest only from 2009 on.

If an enforcement order does not exist however the statute of limitations is only three years and they cannot collect this debt any more.



I hope I was able to help


If this is the case please click accept so I get credit

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Best


C. Schiessl
attorney-at-law

Expert TypeAttorney
Category: German Law
Pos. Feedback: 97.9 %
Accepts: 383
Answered: 5/6/2012

Experience: More than 18 years of experience in practicing law

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Customer replied 318 days and 19 hours ago.

I have received a further letter the company chasing are a debt collection agency, they have sent me a copy of the original agreement which is dated April 2003 - but this is the first time in over 6 years that I have heard from them, there is no enforcement order and it is just the debt collection company trying to collect the credit card debt, are they able to do this or does the 3 year statute of limitations apply and can I quote this to them so that they will stop chasing me for the debt.

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Expert:  legal eagle replied 318 days and 19 hours ago.

Dear Customer,

the statute of limiations is three years

The three years begin at the moment the credit card company writes to you and tells you that you ought to pay your debt, or from the moment you agreed that you ought to pay.


Customer replied 318 days and 19 hours ago.

I have not heard from them until this month, the last correspondence was over 5-6 years ago can they chase for the debt ?

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Expert:  legal eagle replied 318 days and 19 hours ago.

Dear Customer,

it depends on waht you agreed upon when the debt ought to be paid back


If there is a fixed date the statute of limitations begins from that date on and ends 3 years later

Customer replied 318 days and 19 hours ago.

I do not recall agreeing anything with them and have not entered into any communication with them since 2006 and until now have not heard nothing from them at all - am I right in thinking that they cannot make me now pay the debt?

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Expert:  legal eagle replied 318 days and 18 hours ago.

Dear Customer,



normally you get bills every month, and if you are overdrawn you are asked to pay


If you have gotten a bill the statute of limitaions begins from the time you get the bill

Customer replied 318 days and 18 hours ago.

Thank you, I have not received a bill in over 6 years or any communication from them until this month.

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Expert:  legal eagle replied 318 days and 18 hours ago.

o.k

Customer replied 318 days and 18 hours ago.

So does this mean that they cannot chase for payment as over 3 years have passed ?

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Expert:  legal eagle replied 318 days and 18 hours ago.

Dear Customer,


ifyou never heard from them once and they did never until today write to you I am of the opinion that they cannot chase for the debts

 
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