How to Request a Copy of Your Credit Agreement (UK, Consumer Credit Act)

Your right to a copy of the agreement

Sections 77 to 79 of the Consumer Credit Act 1974 give you the right to ask for information about a regulated credit agreement. Which section applies depends on the type of credit:

• Section 77: fixed-sum credit, such as a personal loan
• Section 78: running-account credit, such as a credit card or store card
• Section 79: hire or conditional sale of goods

What the creditor must send

If you make a valid request, the creditorHow to Deal with Creditors: Communication and NegotiationPractical advice on communicating with creditors, negotiating affordable repayments, and understanding your rights when dealing with the companies you owe.Read more → must give you:

• A copy of the signed or executed agreement and any documents it refers to, such as terms and conditions
• A statement of account showing what you have paid and what is claimed
• Information about the sums due and when they fall due

How to make a request

Follow these steps.

1. Write to the creditor or the company that now owns the debt, quoting your account number
2. Say that you are making a request under the Consumer Credit Act 1974 for a copy of the agreement and a statement of account
3. Enclose a £1 fee, as a cheque or postal order made out as the company directs, or ask how they accept the fee
4. Send it by post you can prove you sent, such as Royal Mail Signed For, and keep a copy
5. Diarise 12 working days from the date they receive it

A simple wording you can use

Adapt the following:

• "Dear Sir or Madam, account number [number]. I request a copy of the executed agreement, any documents referred to in it, and a statement of account, under section [77/78] of the Consumer Credit Act 1974. I enclose £1."
• "Please send these within the 12 working days allowed. I am not admitting that the debt is owed, and I ask you to stop collection activity until you have complied."

What if they do not reply?

If the creditor does not comply within 12 working days, it cannot enforce the agreement while the failure continues. In practice, that means it cannot win a court claim on that agreement until it complies. If the failure continues for a month, it can also be an offence. You should not stop paying a genuine debt just because the paperwork is missing, so get advice before you change what you do.

What to check when the copy arrives

Read the agreement carefully.

• Is it signed and dated, and does it match the account you remember?
• Are the name, address, credit limit, interest rate and charges correct?
• Does it show the right lender, and is the debt owner the company contacting you?
• Is it the original, or a "reconstituted" copy rebuilt from records? A reconstituted copy may not be good enough for the creditor to enforce

When this right does not apply

The request works for regulated consumer credit agreements. It does not cover every debt. Council tax, income tax, most utility bills and rent are not regulated credit agreements, so different rules apply. If you are not sure whether your debt is covered, ask a debt adviser. You can also ask for the personal data a company holds about you using a UK GDPR subject access request, which is free.

Why some creditors cannot produce an agreement

Old agreements are often lost, especially when a debt has been soldNotice of Assignment: Your Debt Has Been Sold, What to Do (UK)Received a notice of assignment? Learn what it means when your debt is sold, whether you have to pay, and how to check the new owner is genuine.Read more → more than once. Credit cardsHow Credit Cards Work in the UKHow UK credit cards work: interest, APR, minimum payments, interest-free periods, fees, Section 75 protection and how to use a card without getting into debt.Read more →, store cards and online loans are sometimes agreed with an electronic signature or a phone call rather than a signed paper form. In those cases the creditor may send a reconstituted agreement, a document rebuilt from templates and records. Whether that is good enough for enforcement is a legal question, and this is a good reason to get advice if the agreement does not look right.

A note on timing

Count 12 working days from when the creditor receives your request, not from the day you post it. Working days exclude weekends and bank holidays. Keep proof of postage and the date of delivery, and write the deadline in your diary. If the creditor replies late, still read what arrives, because it may contain useful detail.

Using the agreement to check the debt

The agreement is a checklist for the debt. Compare the interest rate, fees and credit limitCredit limitA credit limit is the maximum amount a lender allows you to borrow on a credit card or similar account.Read more → with the balance in the statement. Check that the person named is you, and that dates are in the right order. If a charge is not covered by the terms, or the balance does not add up, raise it with the creditor in writing and ask for a corrected statement. A debt adviser can help you check the figures and plan a response.

Next steps

Once you have the agreement and a statement, check the debt and the dates, and see whether it might be old enough to be statute-barredStatute-Barred Debt: The Six-Year Rule and UK Time LimitsIs your debt too old to be enforced? Learn the UK time limits, what restarts the clock, how it differs from your credit file and what to do before replying.Read more →: is my debt statute-barred? If you do not recognise the debtI Don't Recognise This Debt: What to Do If a Collector Contacts You (UK)Don't recognise a debt a collector is chasing? Learn how to dispute it, what proof to ask for and how to check for fraud or a scam.Read more →, read what to do about a debt you do not recognise. There are four main free services: MoneyHelper, Citizens Advice, StepChangeStepChange Explained: What It Does and How It WorksWhat the debt charity StepChange offers, how its free debt advice and debt management plans work, who it suits and what to expect when you contact them.Read more → and National DebtlineNational Debtline: How It Works, When to CallWhat National Debtline is, who runs it, what it can help with, how to get free advice by phone, webchat or online tools, and what to expect.Read more →. They are independent and do not charge for advice. Our guide to free debt advice charities compares them.