Thnx DX it hasn’t quite sunk in yet !,! Was gearing up for Shoosmith to argue the terms would have been on the back of the form and had found an interesting judgement on that subject, albeit a county court one. Thanks again for all your support and advice throughout. And a donation on its way shortly to CAG. It was great knowing you were there, willing to point me in the righ direction and keeping me right on responses to the court. Without it I don’t know I would have had the nerve to attend a court and challenge this. I know you are involved helping many other people in similar circumstances , and wish you and them every success.

Yesterday I received a letter from the sheriff in response to the IOA to say he continues to consider the case and both parties to arrive in court in good time next week. Today I received a letter from Shoosmiths by recorded delivery to say their client has taken a commercial view of matters and has instructed them to dismiss the case, on the basis that the action is dismissed with an award of no expenses due to or by either party. They have also enclosed a copy of a form 9E Abandonment notice which they will Lodge with the court. Assume if I don’t get this confirmed by the court during next week, I still need to attend. But feeling hopeful just now.

Much appreciated DX, I’ve added your smoke and mirrors comment and put further emphasis on the fact they are trying to call an application form with no prescribed terms a Credit Agreement. Will be posted to Shoosmith tomorrow, and Court on Friday. Will wait to see what they come back with next. Thnx again.

Thanks DX . Do you think what I have put on my Incidental Form is sufficient to send off, I wasn’t sure if it was acceptable in C1 to ask the Sheriff if they can’t supply within 14 days to dismiss the case. Also wasn’t sure if I had given enough info in my reasons C2 in explaining why the application form wasn’t acceptable and asking the sheriff to dismiss. But it would be great if the Sheriff accepted my request, although the way my luck is running just now I don’t expect he/she will. I also have to post the form, with 2 trips to the Post office, as I have to show proof of posting to Shoosmiths in the copy I send to the court. Can’t use email because the last email I sent to the court they lost , and I had sent it because the last directions they sent from the Sheriff had a major error in them. I don’t have much confidence in the court clerks to be honest. I didn’t use a fee paying debt management company , we started with CCCS now called Stepchange , then paid M&S direct. No payments were ever made direct to Arrow, M&S must have transferred them to Arrow for a few years.

Have uploaded my Incidental Order Application Form . Would be very grateful if you could check I haven't made any blunders, or wrongly worded it before I post it off hopefully tomorrow. incidental order App.pdf

Sorry to be stupid here, but am I filling in C1 which asks what I want the sheriff to do? And am I asking him to further request Shoosmiths to produce the documents, or dismiss the case as they haven’t provided them after all this time? Don’t want to jump the gun here, and mess things up. Hope to post up my response tomorrow.

Thurs 14th December. But Shoosmiths have requested I respond prior to the hearing date. Is it sufficient to tell Shoosmiths just I intend to defend, or do I need to go into detail . Asking because sheriff in first directions said he expected us to do our best to resolve this.

There aren’t any terms and conditions, they haven’t supplied any. Just this application form. On their new court document listing the documents they are submitting to court they refer to this as follows:- Brief description of document or other evidence - Copy of application form Relationship to case - Credit agreement between Marks & Spencer Financial services and the respondent dated 1997 Sorry do you want all the statement pages as well, they just list payment dates and transactions over the years, and am a bit concerned Shoosmiths will be able to identify me from them unless I remove dates and amounts in which case they will be blank. Let me know and I’ll upload them if you’ll advise it is ok

Have upladed Shoosmith letter and Application form they say is the credit agreement. the quality isn't great. it is an application form which must have been filled out by a shop assistant but is signed by me. It does show repayment terms contrary to what I previously said but has no interest rate shown anywhere. The other documents are just typewritten printed sheets showing transactions on account, but they start a few years after account was opened. Am now concerned that Shoosmiths are going to clobber with me with hundreds of pounds of legal fees, as one of their sheets shows them adding legal fees to the account balance. Copies of the rest of what Shoosmiths have sent as listed in their Evidence form. No terms or conditions provided. They have used Form 10a - List of Evidence form , first part of pdf above, imagine they have now sent them to the court . They were sent recorded delivery to me. shoosmithspapers.pdf application ford.pdf

Have received a numbered bundle of paperwork from Shoosmiths with a letter asking me to to let them know my position nowthye have sent documents and any settlement figure I might want to make prior to next case management hearing. My scanner has packed up just now, but the documents comprise a signed application form, no sign of any prescribe terms or agreed credit limit, interest rate applicable or any terms or conditions, a load of statements ( but not from when account was opened, they start a few years later) and the Assignment Note. No Default Notice. There is also statements from when Arrow Global took over the account and I notice they have added fees for Shoosmith onto the account balance. Is this allowed. Any advice meantime much appreciated while I try to get this scanner fixed.

Thnx for your help and support so far, could never have dared attend a court without it.

at court yesterday, the management meeting was held in a court, full of people. Had to sit through a load of council housing hearings first before they started on Arrow Global cases. Glad I didn't realise beforehand, it would be such a public meeting, as I'd have been really nervous. No sign of Shoosmiths, just a solicitor who was handling other cases that day. Took the judge 2 minutes to explain that the case would be delayed for 6 weeks, as Arrow Global didn't have the paperwork, and without it there wasn't much to talk about, and it was very important they had it, so it could be looked at and discussed. need to go back, then. Next time round I will ask her to throw it out if they have nothing, unless you advise otherwise. Considered doing it yesterday for a moment, but my gut instinct advised otherwise. Sheriff as very nice, she was indirectly giving a man advice on another subject not related to Consumer Law.

My luck to get a disinterested clerk. Take it I can say I need to see the signed document for clarification, and if they turn up with documents I haven't seen say I haven't had enough time to examine and understand them or something along those lines.

Called the clerk today and as you suggested explained I hadn't received the documents requested, and asked if they had been lodged with the court. Told they haven't been, and the clerk said the solicitors might bring them on the day. Which doesn't seem fair to me. Clerk told me it's quite a common occurrence for documents not to be lodged on time, which surprised me, but he didn't seem too bothered by it. Just my luck . So court on Friday and we'll see what happens.

Court date in a couple of days and still no sign of an agreement or anything else. they haven't complied with the Sheriffs instructions. Are they going to try and spring an agreement on me on the day or are they going to try and argue the case without the paperwork. Should I phone the court and ask for advice, or just turn up and see what happens. Bit worried I might be led by the nose into something by their lawyers due to my lack of knowledge here.