CCA requests

By law, creditors have a duty to give information to debtors with regards to their credit agreements. This duty applies as long as there is an outstanding balance on the account and no judgment has been obtained. You can send a CCA request for a live or a defaulted account.
Duty to give information to debtors

Creditors have a duty to give information to debtors with regards to their credit agreements, as per Sections 77, 78 and 79 of the Consumer Credit Act 1974:

You have the right to request a copy of your agreement as long as:
  • You haven’t sent another request for the same account in the last 30 days
  • The creditor has not obtained judgment against you
  • There is a balance outstanding on the account
The creditor does not have a duty to provide you with a copy of the agreement if:
  • There is no balance outstanding on the account (i.e. a closed account)
  • The creditor has obtained judgment (a CCJ)
A CCA request does not apply to the following:
  • Utility bills
  • Mobile phone and similar service agreements
  • Current account overdrafts
Legal background

Section 77 refers to fixed sum agreements, such as loans:

77 Duty to give information to debtor under fixed-sum credit agreement.
(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £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 total sum paid under the agreement by the debtor;
(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

Section 78 refers to running-account (revolving) credit, such as credit cards:

78 Duty to give information to debtor under running-account credit agreement.
(1) 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 £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.

Section 79 refers to hire purchase agreements:

79 Duty to give hirer information.
(1) The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of £1, shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due.

Obtaining a copy of your agreement

The CCA request should be sent to whoever is pressing you for payment, whether they are a debt purchaser or the original lender. If the account has been assigned, the new owner has the obligation to request the documents from the lender.

The letter should be sent recorded delivery with a PO for £1, which can be left blank if the account has been assigned and the debt purchaser needs to go back to the original creditor.  The creditor has 12 working days (+ 2 allowed for service) to respond to a CCA request.

You can track delivery and receipt of the letter using the Royal Mail website Track and Trace service.
Non-compliance with a CCA request makes the account temporarily unenforceable, until such time they comply.
Unenforceability under s.77/79 is redeemable at any time by complying with the request. Failing to comply within 14 working days does not make the account unenforceable forever, just for as long as the creditor remains in default.
You should choose the version of the CCA request letter that best suits your circumstances.
Basic version
The letter below is a basic version to be used in cases such as:

  • For a live account, such as a credit card you are still using or a loan where you are still making the agreed repayments.
  • To obtain information for the purposes of reclaiming PPI.
  • When you are paying through a DMP or the creditor has accepted reduced payments from you.
  • When you have contacted the creditor about hardship, asking them to accept token payments, etc. and the creditor has behaved reasonably.
This version isn’t likely to upset the creditor or give the impression that you are going to challenge the account.
Unenforceability threat

The letter below is stronger and warns the creditor that , unless they fully comply with your request, the account may become unenforceable. This letter is better suited to:

  • Defaulted accounts, especially when you are not making payments.
  • When a creditor has behaved unreasonably, refused to communicate or to accept reduced payments, etc.
  • Accounts started before April 2007.
  • When the creditor is threatening legal action.
  • When court proceedings or a statutory demand have been issued.
If the account has been passed on to a debt purchaser or debt collector, you may want to use Option 3 which makes allowance for the DCA to reply saying they are not the creditor.
Assigned accounts

The letter below is aimed at debt purchasers or debt collectors who may want to argue they are not the creditor and ask you to send the request directly to the original lender.

If you are making payments and/or the creditor has behaved reasonably and you do not wish to upset them, you may wish to remove the paragraph that refers to the account becoming unenforceable.

Dear Sirs

Ref: xxxxxxxx

I am writing to request a copy of the credit agreement for the above account under sections 77−79 of the Consumer Credit Act 1974. Sections 77-79 of the Consumer Credit Act 1974 outline the that creditors should provide the following information upon request:

  • a true copy of the credit agreement
  • copies of any other documents mentioned in the agreement
  • a statement of account

If the above information is not provided within the statutory time limit of 12 working days + 2 days, the debt becomes unenforceable. Paragraph 13.1.6(1) of the FCA Consumer Credit Sourcebook (CONC) states that: “Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.”

If it is your view that you are not the creditor, I would like to refer you to the following Sections of the Consumer Credit Act 1974:

  • In the case of a simple assignment, Section 175 states the following:

“Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.”

  • In the case of an absolute assignment, you are the creditor as defined by Section 189:

“‘creditor’ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law”

Please find attached my £1 payment to cover the statutory fee; this payment is not to be used for any other purpose. If you are unable to comply with this request, you should confirm this in writing at the earliest opportunity and return the fee.

Yours faithfully,

Possible responses
  • No reply. Once the 14 working days are up, you may want to consider sending a reminder. In some cases it may be best not to send one, for example if the creditor has taken you to court and you are in the process of defending the claim.
  • A debt collector or debt purchaser (DCA) argues that they don’t have to comply with the request because they are not the creditor. To avoid a response like this, use the version of the CCA request letter that has additional paragraphs referring to s.175 and s.189 of the CCA. Write back pointing out their duties under the sections above.
  • A debt collector or debt purchaser says they haven’t got the documents and will have to obtain them from the original creditor. This is a common response because debts are assigned without paperwork and they will be reliant on the original creditor to provide them with the documents. There is no need to send a reminder if they’ve acknowledged receipt and said they will try and obtain the documents.
  • The creditor argues that the account has been terminated or the loan is over it’s term. There is a duty to comply as long as there is an outstanding balance not subject to a judgment (a CCJ).
  • The creditor responds with a reconstituted copy. As per Carey -v- HSBC, a creditor can supply a recon in response to a CCA request, however, the recon has to be “honest and accurate”. This means the recon should contain your name and address as it was at the time you opened the account as well as the terms and conditions from inception (when the account was opened) and subsequent variations until the account was terminated.
  • The creditor fails to comply and makes demands for payment. You may want to write back reminding them that they are in default of your request and the account is currently unenforceable.
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signing agreement