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**Never-In-Doubt** · 11 April 2015, 11:46

CCA Request (s.77, s.78, s.79)

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).

Enter Date

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

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

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

**Never-In-Doubt** · 11 April 2015, 11:48

Statute Barred Template

You would send the Statute Barred template to whoever is hassling you if the debt was last paid or acknowledged in writing over 5 or 6 years ago. The limitation period is 5 years in Scotland and 6 in England. Both template variations are shown below. There is no fee to pay and ideally you should send this template Recorded Delivery or at the very least obtain Proof of Postage.

English Request:

Enter Date

Dear Sirs,

Statute Barred Account No/Reference No: 123456789

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

Additionally, the FCA CONC guidelines states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".

I await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

Yours faithfully,

Sign Digitally / Type Name

Scottish Request:

Enter Date

Dear Sirs,

Reference: 123456789

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 states; I quote:

"If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation; and
(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished."

I would also point out that the Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines say that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the FCA questioning your fitness to hold a consumer credit license.

I await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

Yours faithfully,

Sign Digitally / Type Name

**Never-In-Doubt** · 11 April 2015, 11:49

Making Offers - Calculation & Template

This guide explains how to calculate any possible F&F Settlement Offer using a pre-set formula. This means that you ask the creditors to let you pay a lump sum which is less than the full balance you owe on the debt. In return for having a lump sum payment the creditor agrees to write off the rest of the debt, but you calculate the best settlement offer based on the formula below, as well as the template in which to make your offer in.

formula to making offers

This guide explains how to calculate any possible F&F Settlement Offer using a pre-set formula. This means that you ask the creditors to let you pay a lump sum which is less than the full balance you owe on the debt. In return for having a lump sum payment the creditor agrees to write off the rest of the debt, but you calculate the settlement offer based on the formula below.

the formula

Lump sum available multiplied by Each debt

Divide The total amount you owe

= Offer to the Creditor

example

You may have £10,000 owing to 4 creditors. You can raise a lump sum of £4,000.

- You owe: £2,300 to visa

- £1,200 to a catalogue company

- £4,500 to a loan company

- £2,000 to the bank.

Use the formula: £4,000 (lump sum available) x £2,300 (debt to visa)

÷ £10,000 (the total amount you owe)

= £920 (offer to visa)

Your offer to visa is £920. You then do the same calculation for each creditor, using each individual debt in the calculation.

extra help

If for any reason you're not comfortable with making offers to your creditor then we are happy to help you to compile a suitable letter, however we cannot actually get involved on your behalf and deal direct with the creditor. Please contact us if you need assistance with a bespoke offer template.

template letter for your offer

This template is ideally suited to send a creditor once you have calculated a reasonable offer using the guide above. For additional help you can utilise the Money Advice Service resources, full details are shown below. Once you've established the offer you wish to make then add the amounts to the template below and send a copy to the creditor ideally using Proof of Postage. Remember to edit the bold parts detailing your offer (£xx).

Enter Date

Dear Sirs,

Reference: 123456789

I write with reference to previous communication regarding an outstanding balance on the above mentioned account.

I feel it is time to move on and look at settlement, as right now this will drag on for years with no sustainable possibility of success. Therefore, based on my specific individual circumstances, the best I could do is make £1 per month payments, otherwise feel free to take me to court and consider bankruptcy as this may well be the best solution for me; bearing in mind you are only one small creditor in amongst a whole host of others with much larger debts. Obviously in doing so not only will this cost you money, but you'll also watch the alleged and disputed balance get wiped as part of any bankruptcy and we both know you don't really want that don't we? Thus I have spoken to some friends and managed to scrape together £xx in which I am happy to offer you as full and final settlement on this debt; which should also be noted will have a reclaim of unlawful charges to follow so the balance is nothing like it may appear, anyway.

I cannot afford anything higher, so pointless asking. I cannot afford regular monthly payments either, so pointless asking. Therefore I do think my offer of £xx in F&F settlement of this account is more than generous based on the actual level of debt, after deduction of unlawful charges. I propose a single payment of £xx in complete settlement of this account; thus meaning you agree that this account will be closed, in totality, with no further comeback regards to any possible written-off balance from yourselves or any other agent.

The alternative is the possibility that one of my other creditors will come back and accept my offer made to them, thus reducing the amount available here, also delaying things into a several year £1 per month payment plan - this can be avoided by simple acceptance of my payment of £xx for full settlement and closure of this account.

To summarise, I am more than happy to settle for a single one-off payment of £xx to be made within 7 days of receiving your response, so long as this response agrees with and ensures that the following actions will be carried out;

1. You accept £xx in full & final settlement of this account with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance;
2. The Status of the account will change from “Defaulted” to “Settled”;
3. The Current Balance will appear as £0.00;
4. The Default / Delinquent Balance will be set to £0.00;
5. You will update the entries on all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letter headed paper, confirming that you're happy for a single payment of £xx; and I'll then send a cheque in the next day so we can close this and move on.

I look forward to your response, in the hope we can end matters on a more positive note.

Yours faithfully,

Sign Digitally / Type Name

common financial statement

The Common Financial Statement (CFS) was born out of a commitment from its sponsors to create a uniform approach to how financial statements are prepared, to encourage consistent responses from creditors. This should mean that when someone is faced with a difficult financial situation, a fair resolution can be found without undue delay.

The CFS is a budgeting tool that can be used by advice agencies and other third party organisations to make debt repayment offers to creditors on behalf of clients. It provides a detailed budgeting format enabling an accurate overview of a client's income, expenditure, assets and liabilities to be produced.

Whilst we can utilise the CFS to help you if you're in debt, we cannot share the actual process or formula with you but we will assist you in completing any Income & Expenditure (I&E) requested by a creditor. If you require assistance with making a suitable offer utilising the CFS by MAS then please contact us and we will be happy to help you.

Full Details of the CFS are available from Money Advice Trust

**Never-In-Doubt** · 11 April 2015, 11:50

CPR31:14 & CPR15:5 Templates

You would send the CPR templates below if you receive a claim form from a creditor or their solicitor. Ideally you'd send both, regardless of the amount of the claim and regardless of whether you want an extension - it's always worth getting as much time as possible to allow you the best chance to defend. If you need dedicated help then feel free to Request Legal Assistance.

CPR 31:14 - Request For Information Template

Enter Date

Dear Sirs,

Re: (Claimant's Name) v (Your Name) Case No: 123456789

CPR 31.14 Request

On xx/xx/xxxx I received a Claim Form from the Northampton Bulk Processing Centre and can confirm that I have returned the acknowledgement of service to the court in which I indicate my intention to defend the whole claim.

Attached with this request is a formal request under the Consumer Credit Act (s.77-79) for production of the agreement mentioned in the Claim Form and on which you rely.

Please treat this letter as a formal request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

1. The Agreement & any associated Terms & Conditions applicable to the account;
2. The Notice of Assignment;
3. The Termination Notice;
4. The Default Notice
5. Any other documents mentioned in the Particulars of Claim

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

To make matters easier I am formally requesting a 28 day extension in line with CPR 15:5 which states;

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully,

Sign Digitally / Type Name

CPR 15:5 - Request an Extension Template

Enter Date

Dear Sirs,

Ref: Claimant Name v Your Surname & claim number

I write with reference to the above claim, deemed served {enter date as +5 days from the date on the actual claim form}.

Please supply me with the following documents, as mentioned within your claim form so as I can formalise my defence. You should be aware that this letter will be referred to as an exhibit if this matter does escalate to trial and I will be arguing your unreasonable conduct:

1. A copy of the Agreement / Contract as mentioned;
2. A copy of the Default Notice as mentioned;
3. Confirmation of right to charge statutory interest;
4. Copy of Assignment Notice;
5. Copies of statements.

As you are aware, I am entitled to request an extension of time to allow me to compile and formalise my defence. CPR15:5 states:

Agreement extending the period for filing a defence - 15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

I therefore formally request an extension of time which will be until 4pm on the {enter date as +56 calendar days from the date used above, deemed as served}.

Remember as a Litigant in Person you must adhere to regulatory guidelines otherwise I will notify the court of any abuse of process or attempted intimidation/bullying.

I look forward to your response within the next 7 days.

Yours faithfully,

Sign Digitally / Type Name

**Never-In-Doubt** · 13 January 2016, 20:56

Re: AAD Free Template Letters

Edit - Jan 2016 - use this template if you receive a threat of legal action and have previously done a CCA Request --> New LBA Response - 2016

» CCA Request (s.77, s.78, s.79)	» Advanced Subject Access Request
» Statute Barred Template	» LBA Response Template
» Making Offers - Calculation & Template	» CPR31:14 & CPR15:5 Templates

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AAD Free Template Letters

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