Debt Recovery4 min read30 April 2026

Can They Chase Me for a Debt If They Cannot Produce the Original Agreement?

Based on: Carey v HSBC Bank plc [2009] EWHC 3417 (QB) · View judgment

The Scenario

A debtor with an old credit card debt requested the original credit agreement under Section 78 of the Consumer Credit Act. The bank could only provide a computer-generated reconstituted version.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I have an old credit card debt. I wrote to the bank asking for a copy of my original credit agreement under Section 78 of the Consumer Credit Act. They could not provide the original signed document — they only sent me a reconstituted version generated from their computer systems. I do not think they can enforce the debt against me if they cannot produce the original agreement I signed.

Case Buddy

Thank you for explaining this. It sounds like you have requested your credit agreement under Section 78 and the bank has provided a reconstituted version rather than the original signed document. To understand your position better — are you currently being pursued for payment, and do you dispute that the debt exists?

You

They are chasing me through a debt collection agency. I do not necessarily dispute the debt existed, but I believe if they cannot produce the original signed agreement, they cannot enforce it against me.

Case Buddy

Here is the legal position: Under Section 78(1) of the Consumer Credit Act 1974, a debtor can request a copy of their credit agreement. If the creditor fails to comply, the agreement is unenforceable while the default continues (Section 78(6)). However, there are important distinctions: **What the creditor must provide:** - The creditor is **not** required to provide a photocopy of the original signed agreement - A reconstituted version showing the terms of the agreement is sufficient to comply with Section 78 - As long as the document accurately sets out the terms that applied, the statutory requirement is met **Enforceability vs. the debt itself:** - Even where a credit agreement is found to be temporarily unenforceable under Section 78, the underlying **contractual liability to pay the debt still remains** - The debt is not extinguished — only enforcement action is blocked while the creditor is in default of the request - "Unenforceable" means the creditor cannot take court action or issue default notices during the period of non-compliance — it does not mean the debt disappears **Your position:** - If the bank has provided a reconstituted version that accurately reflects the terms, they have likely complied with Section 78 - The debt collection agency can continue to request payment (as distinct from court enforcement) - You may also want to consider whether the debt is statute-barred under the Limitation Act 1980 (6 years from last payment or written acknowledgment) For free debt advice, contact StepChange on 0800 138 1111 or Citizens Advice. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•Under s.78 CCA 1974, the creditor is not required to provide a photocopy of the original signed agreement — a reconstituted version is sufficient.
•Even where an agreement is temporarily unenforceable, the underlying contractual liability to pay remains — the debt is not extinguished.
•Unenforceability means the creditor cannot take court action while in default of a s.78 request, not that the debt disappears.
•The debtor should also consider whether the debt is statute-barred under the Limitation Act 1980.

What the Court Decided

The court held that a reconstituted credit agreement is sufficient to comply with Section 78. The debt remains payable even if temporarily unenforceable.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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