What happens if they can't prove the debt?

If the creditor doesn't provide the required information within 12 working days, the debt becomes 'unenforceable' — they cannot start or continue court action to make you pay while the default in providing it continues. If they later produce a compliant copy, the debt becomes enforceable again. Being unenforceable does not cancel the debt: it still exists, can still appear on your credit file, and the creditor can still contact you and ask you to pay — they just can't use the courts to force payment while they can't produce the paperwork.

Should I stop paying if I think my debt is unenforceable?

Get free advice first — don't just stop paying. Unenforceable agreements are actually rare; most credit agreements meet the legal requirements, and a debt may only be temporarily unenforceable until the creditor produces a compliant copy. Stopping payments on a wrong assumption can make things worse. Speak to StepChange, National Debtline or Citizens Advice before you act — they can help you send the request and read what comes back.

How do I make a CCA request?

Write to the creditor (or the debt collector now handling the debt), quote your account number, ask for a true copy of the credit agreement and a statement of account under the Consumer Credit Act 1974, and enclose the £1 statutory fee (don't sign the letter by hand — type your name). Keep a copy and send it so you have proof of posting. National Debtline has a free template. If they don't reply within 12 working days, note that the debt is unenforceable while the default continues, and get advice on what to do next.

Prove the debt: make a creditor show the agreement

Q: What is a CCA request?

A CCA request (or 'prove the debt' request) is a written request under sections 77 to 79 of the Consumer Credit Act 1974 asking a creditor for a true copy of your credit agreement and a statement of the account. You include a £1 statutory fee. It applies to regulated consumer credit — credit cards, personal loans, store cards, catalogue accounts and hire purchase. It's most useful when a debt has been sold to a debt collector who may not have the original paperwork.

Q: Which debts does a CCA request work for?

Only regulated consumer credit agreements — credit cards, personal loans, store cards, catalogue and mail-order accounts, and hire purchase. It does not work for overdrafts (largely exempt), mortgages, utility and phone bills, council tax, benefit overpayments, court fines, or other debts that aren't regulated credit. For old debts, also check whether the debt has become statute-barred, which is a separate defence.

What a “prove the debt” request actually is

Under sections 77–79 of the Consumer Credit Act 1974, you can write to a creditor and ask for a true copy of your credit agreement plus a statement of the account, for a £1 statutory fee. It’s often called a CCA request or a “prove the debt” letter.

It comes into its own when a debt has been sold on to a debt collection agency. Old accounts get bought and sold, and the original paperwork doesn’t always travel with them — so the company chasing you may not be able to produce a proper copy of the agreement.

Why it’s worth knowingYou’re entitled to see what you supposedly signed. Asking a collector to prove the debt is reasonable, cheap, and puts the burden on them — and while they can’t comply, they can’t drag you to court over it.

Which debts it works for

A CCA request only applies to regulated consumer credit. Check yours before you rely on it:

Works for (regulated credit)	Does NOT work for
Credit cards & store cards	Overdrafts (largely exempt)
Personal loans	Mortgages & secured loans
Catalogue & mail-order accounts	Gas, electricity, water & phone bills
Hire purchase	Council tax, court fines, benefit overpayments

Also check the age of the debtIf a debt is very old, it may separately have become statute-barred — meaning it can’t be enforced in court because too much time has passed. That’s a different defence from a CCA request, and worth checking at the same time.

What happens if they can’t comply

The creditor or collector has 12 working days to send you a true copy of the agreement and the required information. If they don’t:

the debt becomes “unenforceable” — they cannot start or continue court action to make you pay while the default in providing it continues;
if they later produce a compliant copy, the debt becomes enforceable again;
you can note in writing that you consider the agreement unenforceable and that you expect them to stop enforcement action until they comply.

The honest bit — read this before you act

“Unenforceable” is rare, and it isn’t “written off”Most credit agreements do meet the legal requirements, so genuinely unenforceable debts are uncommon, and a debt may only be temporarily unenforceable until the creditor digs out the paperwork. Crucially, unenforceable does not mean gone: the debt still exists, can still show on your credit file, and the collector can still contact you and ask you to pay — they just can’t use the courts while they can’t produce the agreement.

So don’t stop paying on a hunch. Get free advice first — a debt adviser will help you send the request, read what comes back, and tell you whether it changes anything. Firms that advertise “write off your debt with one letter” for a fee are best avoided; you can do this yourself for £1, and free charities will help.

How to make the request

Write to whoever is chasing you (the creditor or the debt collector now handling it). Quote your account number.
Ask for a true copy of the credit agreement and a statement of account under the Consumer Credit Act 1974, and enclose the £1 fee.
Type your name — don’t sign by hand (a precaution against your signature being copied onto a document).
Keep a copy and get proof of posting. National Debtline has a free template letter.
If nothing arrives within 12 working days, the debt is unenforceable while that continues — get advice on your next step.

Do this now

Before sending anything, make one free call — National Debtline 0808 808 4000 or StepChange 0800 138 1111. They’ll confirm it’s a regulated debt, give you the template, and help you read the reply — all free.

If the debt is genuinely yours and you’re struggling, don’t just play for time — look at a debt management plan, Breathing Space, or the wider debt options.

Related guides

Statute-barred debt Free debt help County Court Judgment Debt Management Plan Check your credit report

Source verification Primary sources: Consumer Credit Act 1974 (sections 77, 78, 79 on legislation.gov.uk), National Debtline (credit agreements — getting information; sample CCA letter) and Citizens Advice. Specific URL: nationaldebtline.org — credit agreements: getting information. Last verified 2 July 2026 (the £1 fee, the sections 77–79 scope, the 12-working-day compliance window making a debt unenforceable in court while the default continues, and the “unenforceable is rare and not written off” caution web-checked against National Debtline and the Act). Confidence: High on the framework — s.77/78/79 CCA 1974: a debtor under a regulated agreement can request a true copy of the agreement + statement for £1; failure to comply within 12 working days means the creditor cannot enforce the agreement (including court action) while the default continues; the debt is not cancelled and becomes enforceable again if a compliant copy is produced. Applies to regulated consumer credit only (not overdrafts, mortgages, utilities, council tax, fines). Scope: England, Wales & Scotland (broadly equivalent; NI similar). Not financial advice — get free, impartial debt advice (National Debtline, StepChange, Citizens Advice) before stopping any payments.

Proving a debt — common questions

What is a CCA request?

A £1 written request under the Consumer Credit Act 1974 (sections 77–79) asking a creditor for a true copy of your credit agreement and a statement of account. It applies to regulated credit (cards, loans, catalogues, hire purchase) and is most useful against debt collectors who bought an old debt.

What if they can’t prove it?

If they don’t comply within 12 working days, the debt is unenforceable — they can’t take or continue court action while that continues. If they later produce a compliant copy, it becomes enforceable again. It does not cancel the debt.

Does unenforceable mean written off?

No. The debt still exists, can still appear on your credit file, and the collector can still contact you and ask you to pay — they just can’t use the courts while they can’t produce the agreement. Truly unenforceable agreements are rare.

Should I stop paying?

Not on a hunch — get free advice first. Most agreements are compliant, and a wrong assumption can make things worse. National Debtline, StepChange or Citizens Advice will help you send the request and read the reply.

Which debts does it not cover?

Overdrafts (largely exempt), mortgages, utility and phone bills, council tax, court fines and benefit overpayments. For old debts, also check whether it’s statute-barred, which is a separate defence.

Sources: The CCA request, the £1 fee, the 12-working-day rule and the “unenforceable but not written off” point · National Debtline and Consumer Credit Act 1974 s.78. Free debt advice · StepChange and Citizens Advice. SortedUK is not a regulated adviser and this is general information — get free, impartial debt advice before acting. Last reviewed: 2 July 2026.

Chased for a debt? — make them prove it