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When should I send a 'prove it' letter for a debt?

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UKUpdated · Written by BuyMeWhiskey Editorial Team · How we check facts

Send a 'prove it' request under section 77 or 78 of the Consumer Credit Act, in writing with a £1 fee, as soon as you're unsure you owe a debt, ideally before acknowledging it. If you've had a Letter of Claim, do it straight away and return the Reply Form within 30 days.

Before you reply or offer any payment, get free, confidential help from a debt adviser who can check whether the debt is enforceable.

Read National Debtline's Letter of Claim guide

What a "prove it" letter actually is

A "prove it" letter is an informal name for a written request under the Consumer Credit Act 1974. You use section 78 for running-account credit, such as credit cards, store cards and overdrafts, and section 77 for fixed-sum credit, such as most personal loans. You send the request in writing with a £1 fee. The creditor must then send you:

  • a copy of the executed credit agreement, if there is one, and any other document it refers to
  • a signed statement of the account, showing what's been paid and what's owed

The deadline is 12 working days. If the creditor doesn't comply, it is not entitled to enforce the agreement while the failure continues. That's a pause, not a write-off: once the creditor produces the documents, it can enforce again. The duty applies to whoever now owns the debt, because the Act defines "creditor" to include anyone the original lender's rights have passed to by assignment. So a debt purchaser has to comply too. The creditor doesn't have to answer a repeat request made less than a month after it complied with the last one.

When to send it

  • As soon as you're unsure whether you owe the debt, or how much. That's especially true after a debt has been sold or passed between collectors, so details may have been lost along the way.
  • Before you acknowledge the debt or offer payment, if there's any chance it is statute-barred. For most debts based on a contract in England and Wales, a court claim can't be brought more than six years after the cause of action. National Debtline warns that confirming you owe a debt when you reply can restart the time limit.
  • Straight away if you get a Letter of Claim. When a solicitors' firm writes on a collector's behalf, it's often the formal Letter of Claim under the pre-action protocol for debt claims. It should come with a Reply Form, which you must return within 30 days of the date at the top. You can use the form to ask for documents, and the creditor must provide them, or explain why it can't, within 30 days. It also shouldn't start a court claim until 30 days after receiving your completed Reply Form, or 30 days after giving you the documents you asked for.

What it won't do

A "prove it" request doesn't cancel a debt you genuinely owe, and the creditor may still be able to go to court once it complies. Ignoring a Letter of Claim is risky: if you don't reply, the creditor may start court action, and the court can take a failure to follow the protocol into account when deciding interest and costs. If a county court claim form arrives, respond to it in time. Don't ignore it.

Get free advice

With a debt this size, talk to a free debt adviser, such as National Debtline or Citizens Advice, before you sign anything or make a payment offer. They can check whether the debt is enforceable or statute-barred and help you complete the Reply Form. They can also tell you whether Breathing Space would help: it pauses most enforcement action, and stops most interest and charges, for 60 days.

Worked example

Dan has a £15,000 credit card default that has been sold to a debt purchaser. On Monday 2 November 2026, solicitors acting for the purchaser send him a Letter of Claim.

  • Reply Form deadline: 30 days from the date on the letter, which is 2 November + 30 days = Wednesday 2 December 2026.
  • Section 78 request: because it's a credit card, he sends a section 78 request to the debt purchaser with a £1 postal order, and it arrives on Wednesday 4 November. Twelve working days, counting only Monday to Friday, ends on Friday 20 November.
  • He also returns the Reply Form on time, ticking that he disputes the amount and asking for the agreement and statements.
  • The purchaser sends the documents on 24 November. Under the protocol, it shouldn't issue a claim within 30 days of that, so not before 24 December.

The statement shows £2,400 of charges added after default: £15,000 − £2,400 = £12,600 of the original balance. With a debt adviser, Dan challenges the charges and offers an affordable payment based on his budget.

When should I send a prove it letter to a debt collector?#

Send it as soon as you're unsure that you owe the debt or the amount, and ideally before you acknowledge it. If you've received a Letter of Claim, request documents straight away and return the Reply Form within 30 days. The creditor has 12 working days to comply with a section 77 or 78 request.

What happens if the creditor can't provide my credit agreement?#

If it doesn't comply within 12 working days, it can't enforce the agreement while the failure continues. That pauses enforcement but doesn't wipe the debt out, so the creditor can enforce once it does comply. National Debtline says a missing agreement may affect a court claim, so get advice.

Do debt purchasers like Cabot have to respond to a section 78 request?#

Yes. Under the Consumer Credit Act, 'creditor' includes anyone the lender's rights have passed to by assignment, which covers a company that bought the debt. Send the request to the company that now owns the debt, with the £1 fee.

What is a Letter of Claim and how long do I have to reply?#

It's the formal letter a creditor should send before starting a county court claim. It comes with a Reply Form, an information sheet and a statement of means form. You should reply within 30 days of the date at the top of the letter.

Can replying to a debt collector restart the time limit?#

It can. National Debtline warns that confirming you owe a debt can restart the time the creditor has to take court action. For most contract debts in England and Wales, that limit is six years, so get advice before you acknowledge an old debt.

Does a prove it letter stop court action?#

Not permanently. Under the pre-action protocol, the creditor shouldn't start a claim within 30 days of giving you the documents you asked for. A failed section 77 or 78 request also stops enforcement until it's fixed. But a valid debt can still go to court.

Should I ignore a letter from a debt collector's solicitors?#

No. If you don't reply to a Letter of Claim within 30 days, the creditor may start court action, and not following the protocol can affect interest and costs. Reply, request documents if you're unsure, and get free debt advice.

Keep reading

Sources

  1. legislation.gov.uk: Consumer Credit Act 1974, section 78 – information under running-account credit agreements
  2. legislation.gov.uk: Consumer Credit Act 1974, section 77 – information under fixed-sum credit agreements
  3. legislation.gov.uk: Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, regulation 2 – 12 working days
  4. legislation.gov.uk: Consumer Credit Act 1974, section 189 – definition of 'creditor' (includes assignees)
  5. legislation.gov.uk: Limitation Act 1980, section 5 – six-year limit for simple contract claims
  6. National Debtline: Pre-action protocol in the County Court (England and Wales)

Figures checked against these sources on 6 October 2026. If a rule changes, we update the page and its date.

General information, not personal financial advice. Rules depend on your circumstances; check the official source or speak to a regulated adviser before acting.