Pre-action requirements
In particular, lenders must provide borrowers with clear information about:
1s24A CFR(S)A 1970•the terms of the standard security;
•the amount due, including arrears and charges;
•the details of any other debts due to the lender;
•make reasonable efforts to agree on a repayment plan, although if this is defaulted on, they can recommence repossession proceedings.
The creditor must signpost to debt advice and encourage the client to contact the local authority in whose area the security subjects are situated.
2s24A CFR(S)A 1970The creditor cannot make an application if the client is taking steps which are likely to result in:
3s24A(4) CFR(S)A 1970•the payment of the arrears within a reasonable timescale; and
•any other obligation under the terms of the loan.
Lenders must provide evidence that they have complied with the pre-action requirements by completing Form 11C when they make an application to the court.
Once the pre-action requirements (and other necessary procedures) are complete, the creditor can proceed with court action.
If they have not, the application could be refused, and the lender must start again. This only delays the action.
Lenders must have regard of the Scottish government’s guidance on repossession.
4Scottish government, Home Owner and Debtor Protection (Scotland) Act 2010: guidance on pre-action requirements for creditors, August 2010, available at