The guidelines are not given out to the public but one way to measure your expenditure against something similar is to use the I/e form on cccs web site. I think that usually flags up high expenditure areas. B

It's more difficult for them. They can't just send the bailiffs round!

Yes I am a money adviser B

Don't worry too much about Amex. They will probably use a local solicitor as their agent who are rarely fully informed! The sheriffs have a field day with them! You can start reclaiming unfair charges PPI etc. Please phone your local court and ask to speak to the in court advice service. If there isn't one then your solicitor although this will cost you.

If it is more than 5 years since you made a payment and no court action has been taken the debt is prescribed meaning It is no longer in existence - extinguished. You could send a prescriptions letter - think there's one in the library here. They then have to prove it isn't. Best to wait till you're sure 5 yrs have passed. B

Do you really need a solicitor? CAB does it free. Plus the in court advice service? I'm not too sure about the interest tbh B

Hi The first hearing is to decide on the recall. You must be there. If successful, it will be as if the decree had never been granted and you will be able to negotiate payments. Your local CAB should be able to help you with all of this, and most courts have an in court adviser who you should find before the hearing. B

Doesn't CAB in England do payment plans? They are also free and you can talk to someone face to face. B

Yes I would get as much info as possible from them. They need to prove the debt is yours. Do you have a recent credit report?

One other good thing. If you are already a money adviser with the likes of CAB you won't have to be accredited any more. Hopefully that means more access to DAS for clients where there aren't accredited advisers, although not so good from the professional standpoint for those of who are accredited. B

Yes we will. Just less paperwork to do

Ok. Just re read first post. if the debt is not yours then do not settle!

This happens in Scotland so I assume the OR will do the same. It doesn't happen in every case though which means you would be free to claim once discharged. Joint accounts would be tricky as I assume they would need the joint owners permission and hand over half the money. If it's a small amount I don't think they would bother. B

I was assuming the op was discharged but re read it and yes the OR would want that money. They quite often claim PPI themselves though. B

I think it will depend on whether the OR has already claimed B

1. It's better to be there yourself. Not going suggests indifference. 2. I'm not sure about that one 3. If you have enough money to settle then maybe you should. If the decree is recalled, then you settle while there is no decree against you, you might fare better with a mortgage application. You would probably still have to go to the hearing to inform the sheriff of the settlement and make sure Amex don't do anything sneaky

Assuming the sheriff agrees to the recall another hearing date will be set. At the hearing you will put forward your defence, and yes the sheriff will have to be satisfied that you owe the debt before he will grant another decree. Please try to find an in court adviser to assist you. You have to listen very carefully to the sheriff as he will almost certainly help guide you but won't be able to tell you outright what to say or ask. If you feel it's going your way ask for the case to be dismissed if the sheriff doesn't actually say this himself. He may very well continue the case fir more info to be submitted to him. Make sure you are clear and concise in your presentation B

http://www.scotcourts.gov.uk/sheriff/small_claims/SmallClaimsChapters/Chapter%2022%20actions%20lodged%20on%20or%20after%204%20April%202011.pdf Read this. The sheriff clerk will help keep you right. B

I haven't done any myself I'm afraid. I'll have to look it up tomorrow at work. You could pm idainfife as she has more court experience than I have B

You have to have a good reason to recall, but if it's not your debt then you have to do this. You might be asked why did you not defend the case at the first stages- presumably you didn't get the paperwork? The solicitors can't just issue a decree. It has to go through certain stages. Once it's recalled it goes back to the hearing stages and you can defend on the basis that you don't owe this money. You have to recall ASAP though

You will have to recall the decree ASAP. You can download the info and forms from the sheriff courts web site or visit your local cab. A lot of courts will also have an in court advice service and the court will give you their details. You will get the chance to tell the sheriff your side of the story as the recall sets the case back to a position before the decree was granted and a hearing date will be set. You must attend court on this date. Good luck B

If you have access to the Internet then you can find lots of info. It's a minefield though and you have to know exactly what you're getting into which is why you need an IFA. B

Do you mean equity release? If so, then you must see an independent financial adviser before making a decision. B

I wish we had it for those that live in England and Wales too I often think that when I read posts on here. DMC often charge a fee for DAS. Your local money adviser does it free B

Not only does DAS force creditors to stop interest and charges, it also gives you protection from diligence, and they are not allowed to ask you for more money, or harass you. Please see your local CAB money adviser for more advice. A DAS can be approved for much longer than 10 years, and most creditors agree to any offer under the DAS scheme - but it has to be reasonable for you too. B