How to Write a Section 78 CCA Request Letter: Template & Rules (2026)

What is a Section 78 CCA Request?

Under Section 78 of the Consumer Credit Act 1974 (for running-account credit such as credit cards and store cards) and Section 77 (for fixed-sum credit such as personal loans and car finance), UK consumers have a statutory right to request an official copy of their original credit agreement from any creditor or debt collection agency.

If a lender, debt purchaser, or agency claims you owe an outstanding balance or records a negative default marker on your credit file, the law requires them to maintain and provide proof that a legally binding agreement was executed in compliance with statutory consumer credit regulations.

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Why a Section 78 Request is a Crucial Credit Audit Tool

When debt collection agencies (such as Cabot Financial, Lowell Portfolio, PRA Group, or Moorcroft) purchase old account portfolios from high street banks and credit card issuers, crucial paperwork is frequently lost or incomplete.

Sending a formal Section 78 statutory request forces the creditor or purchaser to prove their legal standing:

1. Verification of Original Terms: The creditor must supply a true copy of the original executed agreement signed at inception, including all prescribed terms (credit limit, interest rate calculation, and repayment terms).

2. Current Financial Statement: They must provide a signed statement showing the total amount paid, the outstanding balance, and any interest or charges added.

3. Current Terms & Conditions: Any variation notices reflecting interest rate changes throughout the life of the account must be provided.

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The Strict 12-Working-Day Compliance Rule

Under Section 78(1) of the Consumer Credit Act 1974, once the creditor receives your statutory request and the £1 fee:

What Happens if the Creditor Fails to Comply?

Under Section 78(6) of the Act, if the creditor fails to supply the requested documents within 12 working days:

• The debt becomes legally unenforceable in court.
• The creditor cannot obtain a County Court Judgment (CCJ) or take enforcement action against you while they remain in default of your request.
• If the creditor continues to register damaging marks on credit reference agencies without agreement documentation, the data can be formally disputed under Principle (d) of the Data Protection Act 2018 (Data Accuracy).

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How to Submit a Compliant Section 78 Request

To ensure your request is legally valid and starts the statutory 12-day clock, you must follow these four steps:

1. Enclose the Statutory £1 Fee

Under Section 78(1), a statutory request must be accompanied by a £1.00 fee.

• Best Practice: Send a £1 Postal Order purchased from the Post Office made payable to the creditor/agency.
• Important: Write *"Statutory fee under Section 78 CCA 1974 only — not a payment towards any debt"* on the back of the postal order. This prevents unscrupulous debt collection agencies from treating the £1 as a debt acknowledgment.

2. Send via Royal Mail Recorded Delivery

Always send your request using Royal Mail Signed For or Special Delivery. Retain the proof of postage receipt and track the delivery online. The 12-working-day statutory clock begins the day after delivery is confirmed.

3. Do NOT Sign Your Normal Handwritten Signature

When writing to debt purchasers, type your name or use a digital block font rather than providing your full handwritten ink signature. This prevents signature transplantation onto purported credit agreements.

4. Direct the Letter to the Registered Office

Always address the letter to the registered corporate office or compliance department of the creditor (refer to our Dispute Directory for verified registered addresses).

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Step-by-Step Escalation Procedure

graph TD
    A[Send Section 78 Request + £1 Postal Order] --> B[12 Working Days Elapsed]
    B --> C{Documents Provided?}
    C -->|No / Incomplete| D[Account is Legally Unenforceable]
    C -->|Yes / Fully Compliant| E[Audit Terms for Procedural Errors]
    D --> F[Send Notice of Unenforceability & Dispute CRA Markers]

1. Day 1–12: Await the creditor's statutory document package.

2. Day 13+: If no valid agreement is provided, issue a formal Notice of Non-Compliance and Unenforceability.

3. Escalate to Credit Reference Agencies: File a formal dispute with Experian, Equifax, and TransUnion citing Section 78 default and demanding a Notice of Dispute marker be added to the credit file.

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Download Compliance-Ready Section 78 Word Templates

Writing statutory correspondence from scratch requires precise legal citations. Our premium UK Credit Secrets Playbook includes pre-formatted, professionally formatted MS Word templates for Section 77/78 requests, notices of unenforceability, and credit bureau follow-up notices.

👉 Download the 2026 Playbook & Template Pack (£49.99)