Hi, After a bit of advice. I had a Loan with LLoyds from 2003. In 2005 I couldnt afford to pay anymore and the debt was passed to CCS Collect. I arranged to pay them £60 a month and up until a few months ago, stopped paying them. After using this helpful site, I took advice and CCA'd CCS collect and SAR'd Lloyds. I discovered that Lloyds didn't have a signed copy of the CCA. In fact, they didnt have a CCA at all. CCS told me they didnt have one either. So I stopped payments and basically wrote them the letter saying they are in breach and the debt is not enforcable, etc etc. They sent me 2-3 letters and have now stopped. It is worth noting that the entry on my credit report shows this debt as "settled" and in December this year, it would have been 6 years since the last entry was made meaning it will drop off my credit history (although the debt is still outstanding with the DCA). Today I got a call from Moorcroft. It appears the debt has been passed to them now (or sold by CCS?). As expected, very pushy. Asked me to clear the balance there and then and then asked me to set up a payment plan. I laughed and told them Lloyds have been SAR'd and CCS had been CCA'd and they had no copy of the agreement. Because of this the debt was defaulted until they can provide a copy of it. He said "yes the debt is defaulted because you havent made a payment since June." He told me that I didnt know the law and that the debt is still outstanding. He then said collectors could come to my house. I mentioned that they wouldnt be able to without a CCA to provide to the court. I asked him to send me a letter and I would respond to that. I have not even received a letter from them yet so that was the first I know about the debt being passed to them. So, what do I do now? I know they dont have a CCA and from what Ive read, they are the worst of the DCAs. Am I right that the debt is still not enforcable? CCS have been dealing with me for years and when I was happily paying them each month, not a peep. Now they know I know the law, they pass it onto a new DCA within a month instead of sending more threatening letters. I assume the same rules apply to this DCA? My credit entry shouldnt be affected either as it has been marked as settled for 5 and a half years now. And I assume they cant create a new entry on my credit record as only 1 record can be made against the original debt, is that correct? Thanks in advance!

I will be sending them that letter tomorrow as they have now sent me 3 letters regarding non payment. The last letter said my agreement was now cancelled and they are now demanding the full amount. I can't wait to send this letter and make them aware that I know my rights now!

They don't have a CCA at all so the debt is not enforcable and I refuse to pay them any more money. If they haven't made an entry that I've been paying all these years, why would they update it now to say I haven't? Baring in mind that I have missed payments in the past and nothing has been updated then. Can they even update an entry on my credit file once it's been marked as "settled"? My aim from all of this was to find out where I stood and I wish I found out sooner that I had a non enforcable debt. Now that I know it, I would like the offer them a low F&F figure to clear the debt for good even though it seems like it will have no effect on my credit history and they won't be able to take me to court.

Hi, Yeah they sent me one a few months ago. It just shows 12 monthly payments of £60. I have missed payments before during the last 5 years but nothing was added to my credit file about it. The entry has no record of any payments either. I just want to make sure that nothing is added so that the entry can drop of my file as it will be 6 years since any activity on it was recorded in November.

I've had some help on this forum in the past regarding this matter but I now need to know which step I should take next. In 2003 I took out a loan with Goldfish (Lloyds) and couldn't afford the monthly repayments. They transfered the debt to a debt collection agency (CCS Credit) and I was paying back £60 a month from 2005 until last month. I checked my credit report and it shows the debt on it but it is marked as "Settled" in 2005 and nothing more has been added to the entry since then. CCS sent me an "offer" every 6 months claiming that if I paid them half the outstanding balance, they would clear the rest. This got me thinking, why are they being so helpful so I came here to ask and on that advice; I sent a CCA request to the debt collectors and they told me they had no means of getting a CCA. Because of this, I stopped paying the debt collectors back. It appeared that CCS had bought the debt from Lloyds in 2005, Lloyds then marked the debt as "Settled" (even though it wasnt really) and havent done anything since. I also SAR'd Lloyds and they sent me a letter last week confirming that they have no credit agreement for my file. All they had was a "statement" that showed my payments of £60 a month paying off a balance. My question is: What now? It seems odd to me that if Lloyds sold the debt to CCS collect, why would they have a record of the payments I was making to them? CCS have already sent me a letter about missing the last payment. The entry will drop off my credit file in November. Can Lloyds or CCS make any new updates against this entry seeing as it was settled in 2005? It also has no record of my payments to CCS even though Lloyds seem to have a record of it. Help!

Thank you! Yeah I'm just annoyed at myself for not questioning things sooner. Could have saved myself a lot of money! I'll wait until the full 12 working days is up (next week) and then send them the letter posted above. I'm buzzing about getting this ended now!

No I appreciate that. I'm just really clueless about it all but scared too that I might do something wrong. I will stop my payments to them but do I acknowledge why I'm not repaying them or just remain silent?

Ok, I CCA'd the DLC and SAR'd the OC. Still waiting on the SAR but I got a reply from the CCA from the DLC on a slip saying "We do not have the facility to obtain your CCA, therefore we enclose your postal order of £1". Now, I already know they have been milking me for years (after reading some threads in this forum) but what's the next step? I assume stopping any repayments but I still want to get this done and dusted. Do I offer them a really small amount as an F&F? I will wait until I get a response from the SAR first. The original entry should drop off my credit file in november this year as the OC marked it as satisfied when they sold it to the DLC in 2005.

The credit entry on my Equifax should drop off (see above) in November this year but haven't I acknowledged the debt by paying the DCA the money all these years? Or does Statute Barred only apply to payments/acknowledgement to the OC?

The letter actually came from the DCA on Lloyds headed paper. My Equifax entry for this debt is below which shows as settled. [ATTACH=CONFIG]26764[/ATTACH]

I am not going to stop repayments until I know for certain if it's enforcable or not. I very much doubt it is though otherwise they would have taken me to court years ago. If it is unenforcable and I stop repayments, can they take further action with bailiff, sell that debt on or make a record of it on my credit history? From my understanding, there can only be 1 entry regarding a debt and as the original entry shows as "settled" because it was sold to a debt collectors, I just want to make sure I'm not going to mess up anything else by stopping payments. In October next year, the original entry on my credit history should drop off as it would have been 6 years since the account was "settled".

I am going to CCA them tomorrow. On most templates I have seen, the CCA states that I am not aware of the debt but I am and they know I am as I have been making payments towards it for years. Is the purpose of the CCA to try and see what documents they have on file. To me, it sounds like they don't have anything to enforce the debt which is why they keep offering me this "great deal". My question is (sorry for all the questions), even if the debt it not enforcable, it is still debt that needs to be repaid is it not? I want to CCA them to see what documents they have, if I discover it is not enforcable, I want to counter-offer their 50% offer because they don't really have a leg to stand on. I think the offer meant I would pay them back £2200 (50%) but I want to go in at £1500 (which I now have in an account waiting to go).

I have checked my Experian and it is not shown on there. I then checked Equifax... Lloyds (who the debt is originally for) marked this debt as "Settled" a few years ago but added a note to show that it was passed onto a DCA. There is no record of the payments I have been making to the DCA on my credit file against the Lloyds entry which I assume is correct as it is marked "settled". I would have assumed the DCA would have a record on my credit file though for this. The way I see it, the original debt shows as "Settled" so it's not actually affecting any of my debt apart from the note saying it is with a DCA. If I come to an agreement with the DCA and pay them an amount to settle the debt with them (and make sure that is the end of it and dont sell the debt on), I assume all they would do is remove or update the note on the Lloyds entry but thats about it. Does this sound correct?

I found my letter from Lloyds but the ref number of the letter refers back to CCS Collect and the phone number on the letter belongs to CCS as well. I have read that some people have been offered 35% offers but they don't mark the account as settled on your credit file, just "partially settled". I was wondering if a larger offer of 50% would make them mark the account as settled so that it's all sorted once and for all. Should I contact Lloyds directly and ask them for the offer or is the debt with CCS now? thanks for all your help.

Should I contact Lloyds and ask them in the offer is from them or from the agency. I would rather make sure I don't give CCS £2k and it not do anything at all. I don't think I took out PPI. I know I don't get charged fees or charges either. I will dig the letter out tonight and have a closer look.

Come to think of it, I received a letter from Lloyds a month ago showing all of the payments I had made to the agency so they must be getting the money.

That doesn't sound too good! So basically, regardless of what I do, my credit rating is be affected either way. And contacting Lloyds won't help will it? If they have sold the debt on, it's out of their hands. What does SAR stand for? Sorry...I'm not up with the jargon yet.

I think I took the loan out about 6 years ago (I could be wrong) and my repayments were (I think) £180-£200 a month. When I told my friend who is an accountant that I couldn't afford it any more, he told me to stop making repayments as I was talking about making myself bankrupt (I had £28k of debt at the time!). CCS collect was passed the debt about 3-4 years ago and I agreed to repay £60 a month and have made that payment every month since. The debt now stands at £4200 and they have told me that if I can pay £2100, Lloyds (or CCS) will write the rest of the debt off. I'm just looking at ways to get rid of this and start getting my credit in order again but I'm pretty clueless as to what a write off will actually achieve.

Hello, I am new here so apologies if this has been answered in other threads. I have an £8000 loan from Goldfish (Lloyds). After a year or so, I couldn't afford the repayments anymore and it was passed onto CCS Collect. For the past 3 years, I have been paying them an agreed repayment amount and every 6 months or so, they write to me saying that if I can pay for half of the outstanding balance in one go, they will write the rest of the debt off. It stands at £4000 so I would only need to pay £2000 to clear the debt. I am in the position now where I would be able to raise that money if I needed to but I wondered what it actually means to have debt written off in an agreement like this. Will having debt written off affect my credit history more than continuing the agreed repayments until it's all paid back? This is the only bad debt I have so I am eager to see the back of it now and start getting my credit back in shape! Any advice would be appreciated! Thanks