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).
A creditor must provide a copy of the agreement on request within 12 working days, or he becomes unable to enforce the agreement while his default continues. You need to enclose a postal order or cheque for £1 made payable to the Creditor/Claimant.
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 may not be covered by s.77-79 of the Consumer Credit Act.
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 to the Claimant, but also send a copy to the solicitors address for their information.
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.
for joint accounts …
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.
NAME & NAME
Visit the Forum – County Court Claims
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.