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    Celestine's Avatar

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    Default 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 at 15:02:PM.

  2. #2
    Amethyst's Avatar

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    Default 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.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

  3. #3
    andy58's Avatar

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    Default 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.

  4. #4
    jon1965's Avatar

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    Default 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 [F1£1], 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

  5. #5
    Wombats's Avatar

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    Default 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.

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    Totrusting's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

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

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    Default 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 !

  8. #8
    andy58's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote 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..

  9. #9
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    Default 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?

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    andy58's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote 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

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    Default 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 ?

  12. #12
    Wombats's Avatar

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    Default 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

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    andy58's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote 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

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    harveypat's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    How do I talk to celestine ?, please help

  15. #15
    Wombats's Avatar

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    Default 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.

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    supermac9's Avatar

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

    I have been dealing with Capquest since January 2014 following their purchase of my account from Marbles - so far, all they have managed to dredge up is a blurred copy of my original application for a Sky (Beneficial) Card which is dated July 1996 (attached) - it doesn't comply with anything so I've held out ever since and have played monthly letter tennis with them saying I wont pay them anything. They keep putting my account on hold, so I suspect they know they are flogging a dead horse - after all this time, I cant see Marbles finding a perfect copy of my CCA document.
    Attached Files Attached Files

  17. #17
    strawberrybabe's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    If you enclose 1 pound as payment, how else to do it that you would not send a cheque? I mean, so that they do not see your signature...?

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by strawberrybabe View Post
    If you enclose 1 pound as payment, how else to do it that you would not send a cheque? I mean, so that they do not see your signature...?
    postal order

  19. #19
    Mic's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    You could of course pay £10 and ask for a Data Access Request, which would include this file.
    For more information go to the ICO who have template letters for you to use, or you could include something similar to the text below.
    I am writing to request that you forward me a copy of all data held by your organization about me for my account. This should include, but not be limited to all transaction lists, agreements, notes made on my account and copies of letters relating to my account.

    This request should include any data held for more than 6 years as under the Data Protection Act there is no time limit for information requested. If you do not hold data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.


    I don;t see the point in asking a company for partial data and given that if the company do not comply within the time frames allotted, the information commissioner can and does take action.

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    Adrasteia's Avatar

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    The point of asking for a request under the consumer credit act is that they have to provide certain defined info and failure to do that means that they can not take it to court. Not only that but many creditors do not provide the agreement on a subject access request

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Mic View Post
    You could of course pay £10 and ask for a Data Access Request, which would include this file.
    For more information go to the ICO who have template letters for you to use, or you could include something similar to the text below.

    I don;t see the point in asking a company for partial data and given that if the company do not comply within the time frames allotted, the information commissioner can and does take action.
    Quote Originally Posted by Adrasteia View Post
    The point of asking for a request under the consumer credit act is that they have to provide certain defined info and failure to do that means that they can not take it to court.
    This is probably a subject for another thread but to clarify, the two requests are substantially different, made under different legislation and certainly NOT mutually exclusive.

    The CCA request is a request for a copy of your credit agreement made under ss.77-79 of the Consumer Credit Act. They only have to provide you with a copy of the original or a reconstructed copy of the agreement, the T&Cs as varied and a statement of account. Non-compliance is a bar to enforcement while they are in breach, that means they can still take you to court but they would have to provide the document in order to succeed with their claim, although there have been exceptions but I won't go into them now. :mmph:

    A CCA only applies to accounts regulated by the CCA, so excludes overdrafts, mobile contracts, utility bills, etc. and there is no duty to respond if the account is closed with no outstanding balance or if judgment has been obtained.

    A SAR is a request under the Data Protection Act 1998 for all data held about you by a company. SARs can be sent for anything including a closed account or one subject to a judgment, a mobile contract, etc. as well as for many other purposes, i.e. you can send one to an ex-employer, your GP or the DWP. It's got nothing to do with the Consumer Credit Act and falls under the remit of the ICO instead.

    You can't use lack of compliance with a SAR in your defence to a claim, nor is it a bar to enforcement. You can send both a SAR and a CCA request (if applicable) at the same time, although you'd usually send the SAR to the original creditor (the bank, mobile network, etc.) rather than the DCA while you'd send the CCA request to whoever is chasing you or taking you to court and they'd have to pass on the request to the original lender.

    Quote Originally Posted by Adrasteia View Post
    Not only that but many creditors do not provide the agreement on a subject access request
    The agreement should be provided because it is personal data, it should have your name and address on it to start with. However, terms are not personal data and do not have to be provided.

  22. #22
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    You could try for a copy CCA1974 with SAR request1 some banks etc will acknowledge (personal experience) but generally send copy of CCA1974 with £1.00 P.O. to be safe and sound as request outstanding then Unenforceable until complied with

  23. #23
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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Thanks for the information, however the following could be incorrect, depending on how the terms have been written.
    Quote Originally Posted by FlamingParrot View Post
    However, terms are not personal data and do not have to be provided.
    Personal data is data where your name has been used in conjunction with any document. Your name is personal data, therefore if any terms and conditions which form part of any contract is linked to your name, then it is considered personal to you.

    – data that identifies a person, even in a relatively benign or innocuous way – is personal data.
    from the appeals court rulings with regards to Edem v IC & Financial Services Authority [2014] EWCA Civ 92

    Sorry I am not meaning to derail this thread, only trying to help and I do understand that you are talking about this in relation to sections 77 - 79 of the Consumer Credit Act 1974 (CCA)
    Every bit of knowledge is useful and I will add this to my growing library of links.

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Adrasteia View Post
    The point of asking for a request under the consumer credit act is that they have to provide certain defined info and failure to do that means that they can not take it to court. Not only that but many creditors do not provide the agreement on a subject access request
    They can go to court but they should be unable to gain judgement (enforce)

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    Default Re: Consumer Credit Act 1974 Basic Request for Original Copy of Agreement

    Quote Originally Posted by Mic View Post
    Thanks for the information, however the following could be incorrect, depending on how the terms have been written.

    Personal data is data where your name has been used in conjunction with any document. Your name is personal data, therefore if any terms and conditions which form part of any contract is linked to your name, then it is considered personal to you.
    Obviously the terms from inception which would form part of the agreement would have to be there but the varied terms which are meant to be supplied with a CCA request are usually just booklets. Thousands of copies are printed and sent out to account holders and they are not personal data so do not get sent with a SAR. These can also include PPI terms which are often in a separate booklet. The ICO publishes a detailed guide to personal data: https://ico.org.uk/media/for-organis...sonal-data.pdf

    If a bank's response to a SAR seems to have missing data, you can follow the process of complaining to the bank and then take it to the ICO, however, none of this has much to do with enforcement of the debt. :mmph:

    Quote Originally Posted by Mic View Post
    from the appeals court rulings with regards to Edem v IC & Financial Services Authority [2014] EWCA Civ 92

    Sorry I am not meaning to derail this thread, only trying to help and I do understand that you are talking about this in relation to sections 77 - 79 of the Consumer Credit Act 1974 (CCA)
    Every bit of knowledge is useful and I will add this to my growing library of links.
    That's not a case relating to a money claim or enforcement of a debt which is what we were discussing in relation to CCA requests.

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