Received a letter today notifying me that the claimant no longer wishes to pursue the case and they have filed an abandonment with the court. I guess they didn't have the original credit agreement as they claimed.

Well, the plot thickens. Two days after receiving a letter from the court confirming that the claimants must produce all relevant documentation by 1st December or the case will be dismissed without further notice, I have received a letter from the claimant stating they are willing to accept a settlement figure and they will even allow me to pay in instalments! The cynics amongst us may assume that the claimant does not have said documents.

Yeah shoosmiths solicitor was there. No documentation. A number of cases were dismissed this morning for that reason. Thanks for all your help with this, very much appreciated.

The Sheriff has granted 4 weeks for the claimant to produce the original credit agreement etc. If they can't then the case will be dismissed.

Hi again. I have resubmitted form 4a and am scheduled to attend court on Friday 3rd. I had hoped that shoosmiths may have dropped the action but no word on that so far. I just have a quick question - is there any possibility that shoosmiths may just not turn up to the court or is that wishful thinking?

Sorry, yes.

My.date to attend is 3rd nov. If anything else happens in the meantime I will post an update.

Dear Sir/Madam Case Ref: xxxxxxxxx I refer to the above case number. I received a summary procedure notification regarding the above. The amount the claimant stated on this was £737.00. Included in this was a time to pay application. I received no advice or explanation of procedure, nor did I receive any explanation or breakdown of the amount being requested. Given that the amount being claimed is vastly more than the original maximum credit limit, I can only assume that fees and/or charges have been added. Unsure how to proceed and rather intimidated at being presented with court documents I filled out the time to pay application and returned it to the Sheriff Court in the hope that this would prevent the case from going to court. I have now received a letter from Shoosmiths LLP Solicitors acting on behalf of the claimant, informing me that the tine to pay application has been rejected There is no explanation given as to why the offer of repayment request has been rejected, other than a rather vague comment regarding my ability to keep up the payments going forward. (I would not have offered an amount I could not afford). More concerning, the amount is now being stated as £945.90. There is no explanation of why the amount has drastically increased and differs from the figure submitted to the court on the Simple Procedure document. My understanding is as follows: 1.4(2) The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged... 1.6(9) When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of the party. 1.6(10) When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly. The claimant is a well-known debt buyer or debt collection agency that purchases large debt portfolio en-masse, at a discounted pound to pence value. These debt portfolios were placed for sale because the original creditor neither wished to litigate against the customer themselves due to bad publicity, or are typically related to issues of enforceability under the CCA, or are a result of inflated sums due to penalties and/or interest levied upon them that are unfair and unlawful under FCA regulations. As per section 189 of the CCA 1974, the assignee becomes the creditor under the agreement, ensuring that the essential customer protections under the CCA cannot be circumvented by assigning the debt to a third party. The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court. The claimant is also put to strict proof to:- . (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment. © Provide a breakdown of the excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. In reference to the above points, I would like to make the Sheriff aware that I am representing myself, I am at a loss on how to respond to such a claim, and would welcome any assistance the Sheriff can give me. Thank you for taking the time to read this letter. Yours faithfully xxxxxxxx Formatting may have gone to pot a little but this is the letter I sent.

Great, thanks

It doesn't specify, it just says: 'the respondent is ordered to lodge a completed response form on the basis of the information contained in her recent letter to the court'. Even if the fleecer can produce the original credit agreement, surely the debt purchase agreement (which will no doubt reveal the debt was purchased for peanuts) and the breakdown of the sum claimed will show that a load of unlawful charges have been added and these charges will subsequently be written off by the Sheriff?

Ah ok perfect. Is there any possibility the claimant may back off now?

Hi just a quick update. I sent a letter to the Sheriff Court stating that I was disputing the amount being claimed and quoting some valid points from the information you provided me with. I have received a letter asking myself and the claimant to attend court for a case management discussion. I have to prepare a new response form to include the points I raised in my letter. I have not been provided with a new form however. I need to lodge this with the court prior to the hearing. Arrow Global have been instructed by the Sheriff to provide the original credit agreement, the debt purchase agreement and a breakdown of the sum being sued for. Any thoughts on this? How is it likely to go? Thanks again for all your help previously.

Hello again. I called the Sheriff Clerk office this morning. The lady I spoke to said she had no idea what an SPR form 4a is. I explained the situation, and that the claimant have now piled another £200+ onto the amount. She said that although the claimants have rejected the time to pay application, the Sheriff may overrule this and accept the offer of £20.00 per month, or will decide that it will go forward to a hearing, where I will then have to present a case for time to pay. The outcome of the phone call was that I have to now wait for communication from the Sheriff as to whether he accepts the offer I have made, or that it will commence to a hearing. Meanwhile, Shoosmiths are asking for a detailed income and expenditure breakdown within 14 days, and a full explanation of how I am intending to make payments, which I will NOT be sending them. Is it worth me still putting something in writing to the Sheriff Clerk office at the moment? Or should I wait until I receive further comms from the Sheriff Court? I obviously want to make the Sheriff Office aware that they are piling on extra costs with no explanation given.

Ah no sorry i sent the application for time to pay to the sheriff court and received the reply from Shoosmiths. I will look over all your advice and start taking action tomorrow. Thank you.

Hi I did send the time to pay to the sheriff court by recorded delivery, so I have no idea why the response came via shoosmiths.

I did not keep a copy of the time to pay application I returned, but I offered to pay £20 per month. I explained I was unemployed and did not receive benefit as my partner works full time. I explained I received Child Benefit for one dependant. I also said I was actively seeking employment and would look to increase payments once I was in a position to do so. This was sent back to them before the 14/09/2017 deadline. I have now received the following, dated 22/09/2017 from Shoosmith's LLP Solicitor. Balance outstanding: £945.90 We acknowledge receipt of your time to pay application and have taken our clients instructions. Our clients have rejected your offer of repayment at the rate of £20.00 per month and we shall be moving for an open decree with expenses against you. We note that you appear to have a monthly deficit of £540 based on the information in your time to pay application. We are therefore concerned that this payment proposal may not be affordable to you. Please confirm how you intend to fund your proposed payments? Please provide your response within 14 days of today's date using the pre-paid envelope provided. We enclosed an income and expenditure form for your use. You will be notified in due course by the Sheriff Court of the hearing date in respect of your application. Accordingly it may be in your best interest to attend or be legally represented at that hearing date. Yours faithfully etc., Also, I have since found part time employment since submitting the time to pay application, but the last thing I want them to do is arrest my wages.

Name the issuing court: Dunfermline Sheriff Court Who Is The Claimant: Arrow Global Ltd, 12 Booth Street, Manchester Who Are the Solicitors: Shoosmiths, LLP Solicitors, Edinburgh What type of action? (simple/Ordinary): Simple What is the claim for – 1.The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the agreement") between the claimants and NewDay Ltd ('the Original Owner') dated 18/06/2016, the claimant accquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the agreement, and in particular in relation to the contract hereinafter condescended upon. the said assignation was intimated to the respondent by way of a written notice on or around 18/10/2016. the agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due. The sum they are requesting is £737.00 (this has now jumped to £945.90 in my most recent correspondence rejecting the time to pay application) Last Date Of Service:-24/08/2017 Last Date For Response:- 14/09/2017 What Documents are listed in Box E2: A copy of the credit agreement statements of the account and notice of assignation will be produced in any defended process to follow hereon. Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt: Credit Card D5 what has the claimant said]: the said contract between the original owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is dated 03/11/2014 and relates to a credit card issued by the original owner for aqua credit card with account number xxxxxxxxxxxxxx. On numerous occasion between 03/11/2014 and 31/12/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would issue statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement the payments to be made each month fluctuated from month to month depending upon use. The last payment made by the respondent thereunder was made on 12/06/2015 in the sum of £30.00. it was a term of the said agreement that a failure to meet any payment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days failing which the agreement would be terminated. On or around 31/12/2015 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default. A default notice was issued to the respondent on 31.12.2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £737.00. The right to receive payment of the sums due in terms of the said account vests in the Claimant. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge Did you receive a Default Notice from the original creditor? Possibly. I am unsure as I moved address. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was you last payment:- June 2015 Why did you cease payments:- Was late with a couple of payments and the company started adding on charges. I had moved house and had to decorate, furnish, carpet etc and had no spare money to make payments there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: Yes

Will do it Will likely be tomorrow now. Thank you.

Hi thank you I will post this info as soon as I can. I read a lot of things online that said that it would go to court so I had to respond with the form. I just panicked and sent it back with an offer

Hi there I submitted a time to pay application to Shoosmiths. They say the creditor has rejected the offer and want to proceed with court action. They also state that they are concerned I will be financially unable to keep up the repayments. why are they willing to let it go to court and what is the likely outcome? If they don't think I can afford what I offered, what do they hope to achieve from court action?. Im getting into a complete panic over this I don't know what it is that they want. Also the amount has now jumped by around 200 pounds. I have received no breakdown of the debt from them. Any advice greatly appreciated.

I don't have any grounds for denial of the debt, so If I partially admit the debt but dispute any charges and fees, will it still proceed to a court hearing? If I can prove the charges/fees that have been added on, are they likely to be deducted from the balance owed?

Hi there I have received a hand delivered envelope (I haven't signed for it, don't know if that makes any difference) containing a Simple Procedure Notice of Claim by Arrow Global for an Aqua credit card debt. I have never received one of these before and I am not entirely sure what it is. Is this a fishing expedition by Arrow to pressure me to respond - there are no court stamps on the letter or date to attend court. A Time to Pay application has been included. The amount they are asking for is more than the credit limit as on the card, I assume the balance is made up of fees/late payment charges. If I ignore it what will happen - is it likely to proceed to court? The balance is for £737.00. I took out the credit card in November 2014, Arrow say they purchased the debt from Aqua in August 2016 and that they have sent letters on 2 occasions in May 2017 to which they had no response - I do not recall ever receiving these letters. I did make repayments to the card, but same old story, I got into financial difficulty, they started adding on late payment fees and it all snowballed from there. I am unemployed at the moment and not claiming benefit as my live in partner works full time. I do not receive any tax credits, just child benefit for 1 child. Can anyone help me as I don't really know what to do here. I have until 14/09/2017 to respond. I have been reading the forums but there is so much information on there and I don't know where to start. Thank you.