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Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

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  • Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    This is a basic request for a copy of your regulated consumer credit agreement which you are entitled to under sections 77 - 79 of the Consumer Credit Act 1974 (CCA)

    These sections cover lending such as;
    Fixed sum Credit (S77): Loans
    Variable Sum Credit (S78): Credit Cards, Catalogues
    Hire Purchase (S79): HP agreements

    nb. Utilities, Telecoms, Broadband, TV, Rentals, Overdrafts and Banking Accounts are NOT covered by the CCA.

    The letter should be sent to the original creditor or to the debt collection company if the debt has been assigned to them.

    NB: If you have received a court claim and are sending this as part of the first steps (after acknowledgment of the claim) then it would be advisable to send a copy to the solicitors address for their information at the same time.

    Joint accounts
    Your name
    Your address
    Your address
    Your Postcode

    DATE

    Creditor Name
    Creditor Address
    Creditor Address
    Creditor Postcode




    Dear Sir/Madam

    Re:− Account Number
    xxxxxxxxxxxxxxxxxx

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of 1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We look forward to hearing from you.

    Yours faithfully




    NAME
    Single accounts
    With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

    I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of 1.00 which represents the fee payable under the Consumer Credit Act.

    I understand a copy of our credit agreement should be supplied within 12 working days.

    I look forward to hearing from you.

    You can send a slightly more in depth version of this letter if you so desire.

    Your name
    Your address
    Your address
    Your Postcode

    DATE

    Creditor Name
    Creditor Address
    Creditor Address
    Creditor Postcode




    Dear Sir/Madam

    Re:− Account Number
    xxxxxxxxxxxxxxxxxx

    Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

    Your obligation also extends to providing me with a statement of account. I enclose a 1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


    Yours faithfully,


    YOUR NAME

    The Consumer Credit Act 1974 can be found here

    The FCA Guidance on the Consumer Credit Act copy agreements (valid from April 2014) is here.
    Last edited by Amethyst; 20th February 2016, 16:02:PM.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

  • #2
    Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    SIGN THE LETTER - if you are worried about giving creditors your signature then use an anti tamper strip - but you should sign the letter - else it will likely be returned to you and delay proceedings.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

      A good idea to give a slimmed down request. However I think that it should be made clear that the debtor requires a true copy of the executed agreement and also a copy of the current terms and conditions encapsulating any variation.

      Otherwise you run the risk of them just sending a copy of the current t and cs.

      Comment


      • #4
        Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

        As far as I know there is no requirement for a signature on a CCA request and personally I have never signed one and with the exception of RBS never been asked for a signature. Even RBS caved in after a while.

        As Andy says I think it is a good idea to tell them what you need and that can be taken from the relevant section of the CCA

        e,g
        The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F11], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
        (a)
        the state of the account, and

        (b)
        the amount, if any currently payable under the agreement by the debtor to the creditor, and

        (c)
        the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor

        Comment


        • #5
          Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

          Some can be awkward. They have the right to satisfy themselves they are dealing with the right person and there are a myriad of template letters out there to address this situation.

          Their stalling tactics in no way affects their obligation to reply within the prescribed timescale however.

          Comment


          • #6
            Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

            Will do, especially as I've been burnt by that already.

            Comment


            • #7
              Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

              Hi, thanks for info so far, just to clarify it took Connaught/1st Credit almost 6 months to send me the CCA after my request and not 12 days as I believe it should have been. Where do I stand on this ?

              Still worried !

              Comment


              • #8
                Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                Originally posted by harveypat View Post
                Hi, thanks for info so far, just to clarify it took Connaught/1st Credit almost 6 months to send me the CCA after my request and not 12 days as I believe it should have been. Where do I stand on this ?

                Still worried !
                Unfortunately once they have responded with a compliant copy, any sanction re unenforceability under the copy regulations is no longer effective-no matter how long they take..

                Comment


                • #9
                  Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                  So how does the 12+2 days work then? It took 6 months for them to provide the CCA?

                  Comment


                  • #10
                    Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                    Originally posted by harveypat View Post
                    So how does the 12+2 days work then? It took 6 months for them to provide the CCA?
                    If thyey do not comply after the statutory period they cannot enforce until they do. However all interst and charges, even those aacruing within the period will also be due

                    Comment


                    • #11
                      Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                      So after waiting 6 months for the CCA to arrive and eventually dropping through the letter box, can they now enforce the stat demand ?

                      Comment


                      • #12
                        Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                        You seem to have two threads about this. It may be easier if site team could merge them

                        Other found here: http://www.legalbeagles.info/forums/...441#post471441

                        Comment


                        • #13
                          Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                          Originally posted by harveypat View Post
                          So after waiting 6 months for the CCA to arrive and eventually dropping through the letter box, can they now enforce the stat demand ?
                          If the copy is compliant then that avenue would be closed, it does not mean however that there are not others which would prevent them from proceeding, you need to talk to our Celestine on here

                          Comment


                          • #14
                            Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                            How do I talk to celestine ?, please help

                            Comment


                            • #15
                              Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

                              You can send a private message, but may need 10 posts for that, I'm not sure.

                              Otherwise, click the report button at the bottom left of your post (triangle with a ! in it) - that will go to site team and you can leave a message.

                              There is a phone number for her somewhere on here, but I'm unsure what it is.

                              Comment

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