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 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 FCA Guidance on the Consumer Credit Act copy agreements (valid from April 2014) is here.

EXAMPLE LETTERS

for joint accounts …

Your name/s
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 & NAME

or for a single account…

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

 

 


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