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Old Outstanding Loan - CL Finance & Advantis Credit

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TuskyT
TuskyT Posts: 2 Newbie
CL Fin, called for my partner in Feb 09, took message passed it on and he called them back. They told him that they were contacting him regarding an old RBS loan of approx £7k he told them he did not know what they were talking about and terminated the call. He subsequently received a letter from CL requesting payment which he ignored. He received another letter from them stating they will accept £2k as full and final settlement. Another company have how started writing to him called Advantis Credit stating that they act for their client The Lewis Day Group. Obviously being slightly concerned now and my partner recalling a loan he had with RBS some 7-8 years ago. We purchased a credit report from Equifax which revealed that he has no CCJ's, no bad credit other than a credit search done against him in March 09 by a company called Mackenzie Hall. I then done a Registry Trust search against him and again it came back "nothing registered". The final letter from Advantis is stating that if he does not arrange payment they will seek legal action. What I would like to know is:
1. Does the statute of limitations apply here as so much time has passed?
2. Also do CCJ's not show on the register after a certain amount of time?
3. If a CCJ was granted and recovery action never taken at the time, can they chase you all these years later?

We are really confused and worried about these letters and don't know what to do next - any info or help would be appreciated??? :mad:

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    TuskyT wrote: »
    1. Does the statute of limitations apply here as so much time has passed?

    More than likely.

    Read this link carefully: Factsheet | Liability for Debts and the Limitation Act (England/Wales)
    TuskyT wrote: »
    2. Also do CCJ's not show on the register after a certain amount of time?

    Not after 6 years, unless re-registered.
    TuskyT wrote: »
    3. If a CCJ was granted and recovery action never taken at the time, can they chase you all these years later?

    They can ask for payment, but cannot enforce without leave of the court. For the latter, they would need a very good reason why no enforcement was attempted within 6 years.

    To be honest if they are threatening legal action then it is unlikely that a CCJ has been made before now.

    In which case the debt is probably "staute barrred".
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • TuskyT
    TuskyT Posts: 2 Newbie
    Thanks the link and your info has been really helpful.
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