Sample Letter to a Debt Collection Agency
Re: − Account/Reference Number xxxxxxxxxxxx
With reference to the above account, I request that you send me a true copy of
this credit agreement, relating to your last letter dated 31st January, signed by
xxxxxxxxxxxx and entitled “FINAL NOTICE”.
I understand that this is my right under the legislation contained within section
77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to
receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I
enclose a £1 postal order which represents payment of the statutory fee payable
under the Consumer Credit Act. I understand that a copy of my credit agreement
should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce
an agreement if they fail to comply with a request for a copy of the agreement
under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a
signed true copy of the executed deed of assignment for the above referenced
agreement. This is an obligation, whether you are the original creditor or not,
under section 189 of the Consumer Credit Act 1974.
In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE
YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION
BEFORE I CORRESPOND FURTHER :
1. True copy of original credit agreement
2. Statement of account
3. Copy of the executed deed of assignment from Capital One to Lowell Financial
As you are aware, a credit agreement that is not properly documented and signed
by the customer is totally unenforceable under the CCA and therefore is a
complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both
vigorously defended and contested and consider