Consumer Protection Law

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HSBC mediator called and on an old account and said that…

HSBC mediator called and...

HSBC mediator called and on an old account and said that when we signed up for the card we waived the normal seven years expiration and changed it to 20. Is that legal?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I am in Iowa. No one is helping us yet. They just called.

Lawyer's Assistant: Have you contacted the manufacturer?

Manufacturer of the credit card??

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We went bankrupt in 2008 and I thought this card was included in that.

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Answered in 11 minutes by:
2/1/2017
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,955
Experience: Attorney experienced in commercial litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, yes, it is legal. If your contract specified a statute of limitations period longer than what the state limitation period, under Iowa's right to contract freely, parties may do so. If you signed such an agreement, under the Fair Debt Collection Practices Act, they must send you proof of the contract with your signature and you can demand that they send it to you.
You need to also go back and check your bankruptcy final order to see if this was included and if it was included you need to send them a copy of that bankruptcy order, because it would be a contempt of that order to try to pursue you for any debt that was discharged in bankruptcy and if they do you can file a contempt of court motion in bankruptcy court and get damages and attorney's fees for them doing so.
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Customer reply replied 1 year ago
This is not on my credit anymore. Does that matter?

Thank you for your reply.

Being on your credit report and their right to collect are two different things. So, it does not matter if it is not on your credit any longer if you gave them rights to collect for 20 years.

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Customer reply replied 1 year ago
Ok. Thank you

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,955
Experience: Attorney experienced in commercial litigation.
Verified
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