CCJ Citation but no Default notice issued Scotland

[bella4780]

Hello,

I am new to this so please forgive me if I do not use the correct wording. I am looking for some information on where to start please.

I have received a citation from my local Scottish court for Volkswagen Financial Services to take action against me for this debt that is over 5 years old.

I then sent there acting solicitor a statute barred letter on advice from National Debtline as I was under the impression I never made any payments to them since the original payment plan when I purchased the vehicle.

The background -

In August 2014 I took out a hire purchase agreement for a car and due to personal circumstances (redundancy) I needed to hand the vehicle back as I could not afford it anymore. It took the company around 6 months to come and collect the vehicle near the end of 2015.

I then never heard anything from them and I buried my head in the sand. My little girl was then Diagnosed with Cancer in October 2016 and her treatment was for 3 years so I was her carer and work was not an option.

I have received a response from the solicitor's today in reply to my Statute Barred letter stating I made a token payment of £10.00 on the 16th October 2017 ( if this is the case) I have no recollection of it ( probably as my daughter was my focus during these times.

How do I ask for evidence of this please? Is it via SAR or the CAA form? If I have made a token payment then I understand the Statute Barred Option is out of the question.

Can I also use the fact that no default has been registered to myself or default letters issued?

I also have to add in - in all my 3 credit files, Equifax, Experian and Transunion it shows no default - it just states settled and U/C for over 5 years (on Experian it's not even showing as a record)

Is there anyway I can argue the fact it has not been defaulted ever? I'm sure legally they have to Default you before they can take further Legal Action or am I wrong?

I really don't want a CCJ on my credit file as I am looking to buy a house next year if possible and I cant afford to pay back the amount £8621.00!

Can they still take action if no defaults have been issued? I have lodged a notice to defend to the courts also.

Can I please have some help?

Thank you

Kind regards,

[ostell]

This a standard move on SB debts.

You write to them denying any payment at that time and demand details of how this alleged payment was made, cheque, credit transfer, direct debit etc and details of the bank account that made the payment.

[bella4780]

Hello,

Thank you! Should I also request a copy of the CCA?

Kind regards,