CCJ Setting aside or pause action - Ordinary case Scotland

mrsaduncan

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. 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 and I have also sent a CCA request which they have ignored. I sent this recorded mail. I have read up that court action can not be actioned if they cant provide me with the true copy of the CCA agreement! 

I have lodged a notice to defend to the courts also. Can I please have some help? Thank you

Kind regards,

sourcrates

Hi,

Scottish law differs from English law so anything I may tell you, may not apply, or may differ in scotland.

First i would ask for proof of this so called "token payment" and what account or card was it paid from, its not unknown for creditors to "invent" phantom payments just to scupper statute barred arguments.

If your finance agreement was regulated by the consumer credit act, then failure to provide a copy of the agreement, and failure to have supplied a copy of the default notice are all going in your favour, you may be able to challange this claim, but you do need to take advice on how to do this.

National Debtline (scotland) is a good sourse of information, unfortunatly I`m not familiar with the Scottish legal system, they will be able to advise you better.