8. Summary diligence

CPAG

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Debt Advice Handbook Scotland 1st ed - with new material

8. Summary diligence

Summary diligence is the Scottish legal term for debt enforcement procedures based on a ’document of debt’ rather than a court decree. It allows a lender to execute diligence without having to raise court action and can be a fast-track way to collect a debt, bypassing the normal court processes.

A document of debt is described in section 221 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 and includes ‘a document registered for execution in the Books of Council and Session or in the sheriff court books’.1s221 BD(S)A 2007

1 s221 BD(S)A 2007 »

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Debt Advice Handbook Scotland - 1st edition

Written in partnership with Citizens Advice Scotland and Money Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide. This online edition is funded by the Scottish government.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with sheriff officers. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s ability to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt advisers as a first step in accessing primary legislation and regulations and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross-referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughout.

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CPAG

Print publication date Jun, 2024

This content was last updated:2024-07-01

Word count175,160

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