Determination | 30 November 2017

Key issues: Debt not statute barred debt | Acknowledgment of debt | Unconscionable conduct not established

Summary of the complaint:

The debt assigned to the FSP is not statute barred. 

The consumer made a payment to the original credit provider before the original limitation period expired and subsequently entered into a payment arrangement with the FSP, after which further payments were made by the consumer. 

As a result of the payments made by the consumer the limitation period did not expire, and therefore, the debt was not statute barred.

We are unable to find that the FSP acted unconscionably or coerced the consumer to enter into the subsequent payment arrangement.

The Determination affirms the position set out in the Review.  

Download Determination - 30 November 2017