Consumer Credit Act template
Contents
Introduction
When reading the CAG forums, you will often see advice suggesting sending a "CCA request". This is a letter to a creditor or debt collection agency asking them for a copy of an executed credit agreement, without which a debt may be unenforceable. In simple terms, you are asking the Creditor/Collector to prove that they have the legal right to demand payment from you.
Sending a CCA request effectively puts the account into dispute, during which time the creditor may not take any further collection action. This can be useful for buying yourself some time, or in cases where you genuinely do not recognise the debt to which they are referring.
Without a valid agreement, the debt is unenforcable without a court order.
It is recommended that you do not sign the letter with your usual signature, as there have been rumours of creditors "cutting and pasting" it onto their own paperwork. You could use a handwriting font in your word processor, or sign over a thick line which would make it obvious if your signature was tampered with.
When to send a CCA request
You should send a CCA request when you genuinely dispute a creditor's right to collect an alleged debt. Please be aware that there are certain types of debt which will not be covered by the advice here, such as utility bills, bank overdrafts, CCJs and court fines.
Suggested template
This template is adapted from "Letter N" on the Consumer Action Group forum. You can amend it as necessary.
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Timescales
The Consumer Credit Act states that a creditor must send the agreement within 12 working days of receiving your request, otherwise they are in default. You should count the day of receipt as day zero, and not include weekends or bank holidays in your calculations.
If the default continues for a further month, the Act states that the Creditor commits an offence.
It is strongly recommended that you send the request by Recorded Delivery, which for a standard size and weight letter costs £1.04. Keep the receipt safe, and use the Royal Mail tracking service at www.royalmail.com to check when the letter is signed for.
Is the agreement enforcable?
When you receive your reply, you should check carefully that it is an enforceable agreement before making an offer of repayment.
If you have access to a scanner, you can scan the reply and - taking care to obliterate ALL personal details - upload it to one of the many free photo sharing websites such as www.photobucket.co.uk . Post a link to the image on the Consumer Action Group debt forum, and members will give their advice.
Please be aware that any advice given on the forum is not legally binding, and if you are in any doubt you should seek the advice of an organisation such as Trading Standards or the Citizens Advice Bureau.