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Bad Credit Card Debt will it go to immigration?

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  1. #11

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    Quote Originally Posted by shilo507:
    The statute of limitations in HK is 7 years.
    Edit. Found it. Cap 347 Limitations Ordinance. Which appears to say, on a quick first reading, that for contract breaches the limitation is in fact 6 years from the date of the breach.
    Last edited by PDLM; 16-11-2009 at 06:23 PM.

  2. #12

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    even if you clear it up with the bank and assuming here was still a record of your default to this day i understand that steps would have to be taken presumably by the bank to have your black mark removed. Banks dont tend to pro actively do that unless theres something in it for them. Probably opening up a can of worms.
    Posted via Mobile Device

    Last edited by Loz_2; 16-11-2009 at 06:28 PM.

  3. #13

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    Yes - thanks for the correction, PDLM. There is international agreement on statute limitations and in HK it is definitely 6 years for written or oral contracts. This is probably a relic from the pre-handover days as it is the same as England and Wales.

    There are some caveats. Notably, provided the OP has not made a payment against the debt for 6 years or admitted the debt in writing to the creditor within the the last 6 years then he/she could reasonably argue that the creditor is statute barred.


  4. #14

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    Quote Originally Posted by PDLM:
    TransUnion is the agency most (if not all) of the issuers here use: TransUnion Hong Kong Personal – Credit Report, Credit Score, Credit Solutions
    HK$99 to order your report online.
    Thank you for the link however I no longer have my HK ID to input into the form.

    Thank you to all for your input.

  5. #15
    Quote Originally Posted by shilo507:
    Ahem - regardless of moral issues here let's look at the legal issue and answer the poster's question. The statute of limitations in HK is 6 years. Any creditor or agent of a creditor attempting to pursue a debt that old would be acting ultra vires .

    You might have a problem obtaining further credit but nobody in HK can legally pursue you for a debt more than 6 years old.

    Further, as yours was a credit card debt rather than a tax debt, the matter is a civil one and would be of no interest to Immigration. Tax debt and child or spouse maintenance debts are different and would attract the attention of immigration once a judgement had been made against you (assuming the judgement was made in HK) for payment default.
    This post needs some clarification :-

    The period of six years applies from the last communication by one of the parties to the other - not from the date the debt was incurred..
    If there has been no evidence of any communication for 6 years, then the Statute of Limitations applies.

  6. #16

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    Quote Originally Posted by jgl:
    How about being concerned whether other people think that you're the kind of irresponsible debt-dodging foreigner that gives expats a bad name?
    I would take the 63x from Fu Tai Estate to Jordan Road. It takes about 50 minutes and only costs 12.5HKD.

  7. #17

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    WTH?????

    Quote Originally Posted by bryant.english:
    I would take the 63x from Fu Tai Estate to Jordan Road. It takes about 50 minutes and only costs 12.5HKD.
    Posted via Mobile Device

  8. #18

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    Quote Originally Posted by jimbo:
    WTH?????


    Posted via Mobile Device
    I thought JGL was pushing the boundaries of relevance and annoying replies so I just pushed right on through it!!

  9. #19

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    But the statute of limitations merely refers to the deadline by which the bank must "commence" legal action against the OP? Even thought its 10 years since the default, if the bank commenced legal action within the first 6 years of the default, then technically, they could still continue the legal action against you. I don't know whether such legal proceedings were commenced, or, if they could be in abeyance for so long, but I wouldn't presume that you are in the clear just like that.


  10. #20
    Quote Originally Posted by Loz_2:
    But the statute of limitations merely refers to the deadline by which the bank must "commence" legal action against the OP? Even thought its 10 years since the default, if the bank commenced legal action within the first 6 years of the default, then technically, they could still continue the legal action against you. I don't know whether such legal proceedings were commenced, or, if they could be in abeyance for so long, but I wouldn't presume that you are in the clear just like that.
    It is not a question of whether legal action has been taken.
    All the bank needs to have done within the six years from the last communication (not 6 years from the the default date) is to have sent a letter or statement or whatever requesting settlement.
    In the abscence of any communication whatsoever whithin the last 6 years, then recovery would be statute barred.
    Last edited by V. Boller; 20-12-2010 at 02:16 PM.