Yes, it was a small claims 1a, it was also Arrow Global rather than Cabot. Couldn't agree more on defending, apparently over 90% of in Sheriff Court civil actions go undefended with most of them being debt recovery. I think that's what they were hoping for in my case as it was a purely speculative claim, it's ridiculous they can get away with bringing these types of claim when they have no documentation to back it up. I assume they lie on most of the statements of claim when it comes to the agreements, mine claimed there was an agreement and that it said blah blah blah when quite clearly they had no idea if there was one never mind what it said on it.

Hi guys, Just to let you know this was dismissed, can claim expenses as well if I wish. At first it appeared they hadn't turned up as when the clerk was checking the cases there was no one there representing them. One of the solicitor agents must have contacted them because when it was called they said that Shoosmiths had apparently got the hearing date wrong , which I thought strange, it didn't impress the Sheriff though who told them tough. They then asked for a continuance to allow them time to lodge productions, even though they had already lodged some. My friend objected stating that at the last hearing they had been ordered to produce the agreement at this hearing, he then made a motion for dismissal, the clerk then read out the order allowing them ten weeks to produce the agreement. When the Sheriff heard the order she dismissed it straight away, more or less saying you've not complied with it even though you've had plenty of time to do so, again she didn't seem impressed with them, the whole thing was over in about five minutes, didn't even have to bring up the s.78 request. The Sheriff was very good to be honest, she was great with a guy who was up before me, talking them through what they needed to do and how to go about it, the way it should be. Thanks again to dx for their advice and also a thank you to the site in general as the information on here is invaluable to someone like me.

One other question. If this is dismissed would it automatically become statue barred as the last payment was made in Aug 2010?

Cheers, here's hoping they don't produce it then. Thanks for the link, appreciated.

No, wouldn't assume that the claim is dropped. Am I right in saying that failure to comply with a s.78 request is a bar to enforcement?

Hi guys, just an update to say that I've received a reply to the CCA request which states they are unable to obtain the agreement from the original creditor. They also say that there will be no collection activity until they get the document and provide me with a copy.

Yeah, just.

The card hadn't been used for a few years before. The default date is the end of July and the last payment was the start of August 2010.

Hi, Always been in Scotland. The debt is a credit card taken out in 2001. Mbna defaulted me in July 2010 with a balance of approx £2500 then sold the debt onto Arrow sometime afterward, It's been passed round a few agencies since. Handn't heard anything for what must have been a year then received a small claims summons in July, the solicitors acting for Arrow are Shoosmiths. At the first hearing no documents were produced and the sheriff asked for the agreement and gave them time to do so, back at court the end of the month. I have now sent a CCA request to Arrow.

Hi, no it's Arrow. Yes, hopefully they won't produce anything. I made the mistake of not doing a CCA request before the first hearing, do you think it worthwhile to do one now? Thanks.

Hi, sorry missed this somehow. It's a credit card from the early 2000's, defaulted and then eventually sold on. I've already been to court and the Sheriff allowed more time for the agreement to be produced. I have a lawyer friend who is helping me out and had been wondering about this as I'd seen it mentioned a few times. Dx100uk has confirmed that it is not required though, pity.

Hi, thanks for the reply, I thought that might have been the case but wasn't 100% certain.

Hi Guys, I was looking for some advice regarding the CCA being attached to the initial summons here in Scotland. I have seen it mentioned here a few times while browsing some threads but can't find a reference to it in the court rules, can anyone point me in the right direction, thanks.