Amex told me that the offer of full and final settlement was withdrawn and that only the full amount will do now. This does worry me now. Yes I do have a recent credit report which does not show the decree or American Express account.

OK so i'm not going to settle - will just wait on a court date being sent to me from the judge. From what I've read on this forum the next step would be to SAR American Express. When I spoke to Amex's solicitors I asked if there was any photocopies of ID from when the account was setup and they said that no ID was taken when the account was setup. Is that even legal?? Any credit card I've ever opened has always demanded 2 forms of ID. How can they possibly take someone to court on the basis of a signature on an application form and nothing else?? Kind Regards

Ok so I have handed in the forms to recall the decree. A few more questions though.. 1- Do I have to show up in person to court or can I send a representative? 2- If the sheriff decides in favour of american express and the decree is granted again, will I have to pay the original decree amount or do I have to pay the interest that has accrued since the original decree? 3- If I wanted to settle this and make amex a full and final offer and they accepted before the court date, would we just inform the sheriff? I'm trying to get a mortgage ASAP and I'm seriously considering just paying this to get rid of it and be happy in a house with my partner! Again thank you to everyone who helps - there may be more questions!!

Ok so I am going to court tomorrow to recall the decree but i have this question - When a decree is recalled does the judge automatically set another date for the decree to be reconsidered or would the pursuer have to manually set this date themselves after finding out about the recall of decree? One other question - and I don't mean to sound stupid but the only thing I know about court is what I see from the judge and jury dramas/movies! Does the judge have to have absolute proof that this debt is mine or does he have to consider the facts and make an informed decision? The reason I ask this is because I believe that someone used the same name and date of birth as me (coincidence or fraud - it doesn't really matter) to open this account and deliberately avoid paying it. The evidence that the pursuer will show is that someone with my name opened this account - that doesn't prove it was me. I think that some clever person has done a search on my name and date of birth and traced me and thought "it must be him, we'll chase him for it!"

Ok thanks. Found the forms but not sure how to fill in the part where it says "in this case*" Minute for recall of decree - service copy Sheriff Court: (place) Court ref. no.: (pursuer) against (defender(s)) The *(pursuer/defender) moves the court to recall the decree pronounced on (date) in this case * and in which execution of a charge/arrestment was effected on (date) Reason for failure to appear or be represented: Proposed defence/answer: *delete as appropriate NOTE: You must return the summons to the sheriff clerk at the court mentioned at the top of this form by (insert date 2 days before the date of the hearing.)

Hi and thank you very much for the response. Will a judge let me recall the decree after all this time? Am I right in saying that the solicitors could just issue another decree? Then I'd be going round in circles

Dont know if this matters but the charge for payment of money was delivered through my letterbox but had my neighbours address on it - this is in addition to the mistake already made with the address i never lived at. Cheers

Hi everyone, I have a charge for payment of money that landed on my doorstep whilst I was on holiday and I am now sick to the stomach. Here are the details PURSUER American Express (head office address) DEFENDER My name (Address I have never lived at) I have never had an American Express account!!!! It says that a decree was granted against me in December 2009 - I never received any details of this. I called the court and they stated the address - it corresponds to the above address of the defender - an address I have never lived at. I have called the solicitors acting on behalf of the pursuer and they are confident that its me because the name and date of birth are the same. I have pleaded with them to investigate this further but they said that everything matches and as far as they are concerned the debt is mine, They are now threatning to arrest my wages or declare me bankrupt as the amount owed is 3 and a half grand. My credit report does not show the decree. I have a perfect report - not a single missed payment for anything, ever! I have 14 days as from the 12th may to pay up or wage arrestment, bankruptcy or god knows what. If they have this charge does that mean that they can go straight to wage arrestment or bankruptcy or can I fight my case in court? Kind Regards