QLD Default Start Date

[PeterBBS]

We had an old Telstra account which was in dispute. During this dispute the debt was sold on to a collection agency (16th April 2014). This was then re-sold to another debt agency some time in 2015. We had a notice of assessment on the (4th March 2015). It was then listed on Equifax on (19th October 2017).
Therefore, what date did the alleged debt start? Can we have it removed from Equifax due to the Statue of Limitations?
Thanks in advance for any help

 

[Rob Legat - SBPL]

The Limitations of Actions Act time period in Queensland for contracts is 6 years, from the last date on which either a payment was made or the debt was acknowledged in some way. Without knowing that date, your question can't be properly answered.

As an example, if we assume the debt was last paid/acknowledged a year prior to it first being sold (so, 16 April 2013) then the limitation period for taking action runs out on 15 April 2019.

 

[PeterBBS]

Thanks Rob the last date we paid anything was on the 10th March 2014. I contacted Equifax and they have removed the listing.

 

[Nige123]

The Limitations of Actions Act time period in Queensland for contracts is 6 years, from the last date on which either a payment was made or the debt was acknowledged in some way. Without knowing that date, your question can't be properly answered.

As an example, if we assume the debt was last paid/acknowledged a year prior to it first being sold (so, 16 April 2013) then the limitation period for taking action runs out on 15 April 2019.

just to drill in on this.. it is not a case of acknowledging in "some way" - the form of required acknowledgement as set out in the legislation is very specific