S77/78/79 Request

Understanding the Section 77 / 78 Request

A Section 77 or Section 78 request is a powerful legal tool under the Consumer Credit Act 1974 (CCA) that allows you to demand proof of your credit agreement. It ensures that any creditor or debt collector claiming you owe money can prove the debt exists and is legally enforceable.

  • Section 77 covers fixed-sum credit such as personal loans or hire-purchase agreements.

  • Section 78 covers running-account credit such as credit cards, store cards and catalogue accounts.

  • Section 79 applies to hire agreements (where you rent, not buy, an item).

This request shifts the balance of power. The creditor or debt collector must prove the debt’s legitimacy before they can take further enforcement action.

What You Are Entitled to Receive

When you make a Section 77/78/79 request, the creditor must supply:

  1. A true copy of the executed credit agreement – including all prescribed terms (credit limit, interest rate, repayment structure).

  2. A full statement of account, showing balance, payments made, interest, and charges.

  3. Current and original terms and conditions that applied when the agreement was made.

If the agreement was signed before 6 April 2007, it must contain your actual signature to be enforceable in court.

How to Send the Request

  1. Write a formal letter addressed to the creditor or debt owner stating that you are making a request under Section 77, 78 or 79 of the Consumer Credit Act 1974.

  2. Include a £1 statutory fee (cheque or postal order).

  3. Send it by recorded delivery and keep proof of posting.

  4. Allow 12 working days from receipt for them to respond.

If they fail to comply within this period, the account enters a state of temporary unenforceability — they cannot pursue legal enforcement or obtain a County Court Judgment until they supply the documents.

When to Send a Reminder

If 12 working days have passed with no reply, send a formal reminder giving a further 14 days to comply.
If there is still no response after that, you may write again confirming that the account remains unenforceable under the Consumer Credit Act and that further enforcement would breach the law and regulatory guidance (including FCA CONC 13).

How to Escalate It

If the creditor or debt collector continues to chase or report to credit reference agencies despite being in default of your request, you can:

  • Complain to the creditor in writing, stating their non-compliance with the CCA.

  • Escalate to the Financial Ombudsman Service (FOS) after eight weeks if the matter remains unresolved.

  • Complain to the Information Commissioner’s Office (ICO) if inaccurate or unlawful data is being processed on your credit file.

Why This Matters

Making a Section 77/78/79 request is not about avoiding responsibility — it’s about verifying accuracy, legality, and fairness. Many older or poorly managed accounts cannot be proven, giving you valuable leverage to negotiate, challenge, or seek correction of inaccurate data.

Get the Complete Template Pack

Freedom Financial offers a ready-to-use Section 77/78/79 Request Template Pack, including:

  • Professionally drafted letters

  • Reminder and escalation templates

  • Step-by-step sending instructions

  • Compliance checklist and tracking log

This toolkit ensures your request is worded correctly, traceable, and compliant — giving you confidence and saving you time.