You would send the CCA Request to your creditor / DCA with a £1 postal order fee. Ideally send it Recorded Delivery or at the very least obtain Proof of Postage. This template covers all elements of s.77 - s.79 so you can send it regardless if you have a loan (s.77), credit card (s.78) or hire purchase (s.79).
Dear Sirs,
Reference: 123456789
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require that you 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 (12 + 2 days).
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. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
1. a copy of their agreement
2. copies of some of the other documents mentioned in their agreement
3. a statement of account
2. copies of some of the other documents mentioned in their agreement
3. a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
1. make the debtor pay the debt before they're supposed to
2. get a court judgment against the debtor
2. get a court judgment against the debtor
So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.
Yours faithfully,
Sign Digitally / Type Name
Thank you in advance.