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, store cards, and catalogue accounts) and Section 77 (for fixed-sum credit such as personal loans and regulated car finance), every UK consumer has a statutory right to demand a true copy of their executed credit agreement from any creditor or debt collection agency.

If a bank, secondary debt purchaser (such as Lowell, Cabot, or PRA Group), or litigation firm claims you owe an outstanding balance or reports a default marker on your credit file, the law requires them to produce the statutory documentation proving that a compliant credit agreement was properly executed.

Why a Section 78 Request is Your Strongest Statutory Audit Tool

When debt collection agencies acquire bulk debt portfolios from high street banks, subprime card issuers, and catalogue companies for pennies in the pound, they typically receive only a CSV spreadsheet of names, balances, and dates—not the original credit agreement or historical variation notices.

Serving a formal Section 77/78 statutory request forces the creditor or debt buyer to produce three mandatory legal items:

1. True Copy of the Executed Agreement: Under the *Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983*, the creditor must supply a true copy of the agreement containing all prescribed terms (credit limit, APR/interest rate, and repayment schedule) at inception.

2. All Subsequent Terms & Variations: As confirmed in *Carey v HSBC Bank plc [2009] EWHC 3417 (QB)*, if the interest rate or terms were varied during the life of the account, the creditor must supply both the inception terms and the current varied terms.

3. Signed Statement of Account: They must provide a signed statement detailing the state of the account, the total amount paid, the remaining balance, and how arrears were calculated.

The Strict 12-Working-Day Compliance Rule (Section 78(6) CCA 1974)

Under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974, once the creditor receives your written request and the statutory £1.00 fee:

What Happens if the Creditor Fails to Comply Within 12 Working Days?

Under Section 77(6) and Section 78(6) of the Consumer Credit Act 1974, while the creditor remains in default of your request:

• The agreement is legally unenforceable in any UK court.
• The creditor or their solicitors (Overdales, BW Legal, Mortimer Clarke, Restons) cannot lawfully obtain a County Court Judgment (CCJ) against you.
• Any demand for payment that threatens immediate enforcement while in Section 78 default breaches FCA CONC 7.14 and CONC 7.3.14R (misleading the customer as to the legal enforceability of a debt).
• For accounts opened before 6 April 2007, Section 127(3) CCA 1974 still applies—meaning if the creditor cannot produce a copy of the actual agreement containing your signature and prescribed terms, the court is permanently barred from enforcing the debt.

How to Submit a Compliant Section 78 Request (4 Mandatory Rules)

To ensure your request is legally valid and starts the statutory 12-working-day clock without jeopardizing your limitation rights, follow these four rules strictly:

1. Enclose an Endorsed £1.00 Postal Order (Never Pay by Card or Bank Transfer)

Under Section 78(1), a statutory request is only legally valid if accompanied by the £1.00 statutory fee (unless responding to a formal Pre-Action Protocol Letter of Claim, where Annex A overrides the fee).

• Why a Postal Order is Critical: Purchase a £1.00 Postal Order at a Post Office counter. Never pay £1 via debit card, bank transfer, or over the phone—automated collection software frequently logs electronic payments as a £1 part-payment towards the debt balance, which can reset the 6-year Statute-Barred Limitation Act 1980 clock.
• Mandatory Endorsement: Write clearly on the reverse of the Postal Order: *"Statutory fee under Section 78 CCA 1974 only — not a payment towards any debt."*

2. Dispatch via Royal Mail Signed For

Always post your notice using Royal Mail Signed For delivery. Keep your tracking receipt and download the proof-of-delivery signature PDF from the Royal Mail website.

3. Type Your Name — Never Provide a Handwritten Ink Signature

Under UK consumer law, a Section 77/78 request does not require a handwritten signature. Print your name in block capitals or use a typed computer font so your wet-ink signature cannot be scanned or lifted.

4. Send to the Creditor's Registered Compliance Address

Send the notice directly to the registered office or legal compliance team of the party currently chasing the balance (check our UK Creditor & Collector Directory for verified addresses).

Step-by-Step Escalation Procedure

graph TD
    A["Send Section 78 Request + Endorsed £1 Postal Order"] --> B["12 Working Days Elapsed"]
    B --> C{"Compliant Agreement Provided?"}
    C -->|"No / Incomplete"| D["Debt Legally Unenforceable Under s.78(6) CCA 1974"]
    C -->|"Yes"| E["Audit Agreement & Default Notice Under s.87/88 CCA"]
    D --> F["Serve Formal Notice of Default & Freeze Collection Under CONC 7.14"]

1. Days 1–12: Track delivery and count 12 clear working days.

2. Day 13+: If the creditor fails to supply the agreement (or sends an illegible application form missing prescribed terms), serve a Section 78(6) Notice of Default & Unenforceability.

3. Dispute Credit File Entries: If the creditor cannot verify the agreement date, default date, or balance, challenge inaccurate markers across Experian, Equifax, and TransUnion under Data Protection Act 2018 Principle (d) (see how to remove defaults from your credit file).

Frequently Asked Questions

Get Your Free Section 77/78 Word Template (Or Unlock the Full 17-Template System)

Download our Section 77/78 Consumer Credit Act Statutory Request Letter Template 100% free in Microsoft Word (`.docx`) format or copy-paste directly:

Need the Day-13 Notice of Non-Compliance & Unenforceability, Defective Reconstituted Agreement Challenge (Carey v HSBC), CPR 31.14 Court Disclosure Notice, or Form N244 CCJ Set-Aside Pack? Unlock the complete UK Credit Secrets Private Members System: