It must annoy the courts to be used in this manner, especially in the midst of a pandemic and more serious issues to attend to. Its certainly been educational anyway! Set up a small permanent monthly donation and will pop in a lump this payday!

Email with attachment from court and confirmation letter from Brodies. Also phoned Clerk of court to check.

Received confirmation case dismissed. Big thank you for all your help!

Yes that sum and date are also in the pra sar. I will reply confirming i am happy to be cc'd to clerk of court accepting the offer. am i correct in thinking the sb letter goes to PRA after i get notice from court confirming the case is dropped?

Thats the way i read it too, keeping their options open and not ruling out another go at a later time. I am sure it was SB after 30th dec 2020.

Just received; It appears we are agreed that the court action can be dismissed on a no expenses basis. I shall email the sheriff clerk on Monday, copying you in if you would be good enough to respond confirming the agreed position. I am aware of the Form 9E. If my clients were unilaterally abandoning the action I would lodge the Form 9E and would not require to seek any agreement from you to do so. However, my instructions are to seek to agree a mutually acceptable settlement. I will therefore proceed as previously suggested. Kind regards,

Reply sent. I wonder what they are up to?

no problem, I am a bit pessimistic about this now! sheriff0702.pdf

Received following response; Thank you for your email below. The offer advanced, on a purely commercial basis, was to dismiss the court action on a no expenses basis. As you will be aware, the Order of the Sheriff dated 7 January 2021 encouraged parties to make contact and to advise the sheriff clerk if settlement was agreed in advance of the Case Management Discussion. If you are agreeable to the court action being dismissed on a no expenses basis I can simply email the sheriff clerk and advise that matters have been resolved on that basis. If you are content that I copy you in by email then a short response from you to the sheriff clerk indicating your agreement to dismissal no expenses should allow the court to cancel the Case Management Discussion fixed for 11 February 2021 and dispose of the court action as agreed. I look forward to hearing if you are content to resolve matters as suggested. If so, I will email the sheriff clerk and copy you in to enable you to respond and confirm. You may wish to seek your own independent legal advice or contact your local Citizen's Advice Bureau or other free debt advice agency. Regards,

Hoping for an email response by Monday and i will update the thread.

I wasn't sure if the contact from them would reset the statute barred aspect so thats interesting to hear.

Oh thats good! thanks,

Great thanks, I have not emailed them yet, can i post my response first here to check it reads ok?

Is the Abandonment Notice to prevent them trying again at a later date?

Oh, brilliant, thats that then! I cant thank you all enough for your help and patience.

I see now. So they're not up to any kind of trickery and i can safely email my confirmation. Thanks for your swift reply.

Brodies letter feb.pdf If they wish to dismiss it why do they need me to confirm it?

Letter from Brodies today. saying their clients would be prepared to dismiss (dispose) of the above court action on a no expenses basis. they would be grateful if I would confirm my position in this regard. If matters can be agreed in advance of the case calling on xxxxxx then the case can be concluded on or before that date. They have provided an email address should i wish to email them.

Ah right, so the credit agreement and default notice are covered in the consumer credit act, and the letter of assignation will be under scottish equivalent of the Law of properties act.

Confused now, I dont need to quote the consumer credit act?

I have set this Saturday aside for finding the sections of the cca relevant to the Default notice, letter of assignation and card agreement. I did start using the search engine as suggested but got a bit overwhelmed and distracted. I will add the Law of properties act also. The reason I considered the phone call option was the appeal of avoiding the cmd, but I will just need to get on with it!

Directs both the claimants and the respondent to lodge any relevant documentation in relation to the claim with the court no later than 48 hours before said hearing.

Thanks for that. Useful to know its the clerk of the court i need to contact.

I still have not received copy of cca from pra group. They acknowledged my request in a letter dated 15 jan. Also letter states "If your case is taken to court, you can ask the court not to go any further(called a stay of proceedings)until you get the information you're entitled to." As it is now past the 12 working days should i contact the court? Or is it best to wait for the case management discussion? Thanks.

Great thanks. I will get on to it later this evening.