Thanks for the input.
The pursuers are The Scottish Ministers (Student Awards Agency For Scotland [sAAS]).
I got a letter mid 2016 stating I owed them money for student loans made as I hadn't completed my course; these were paid out in November and December 2015.
Confusing as I haven't been a student for over 30 years.
They didn't respond to any letters,
They started court proceedings and there were two preliminary hearings at which the only evidence provided was an application form printed from the internet.
Then remember the Sheriff at the prelim hearing holding up the application and telling their solicitor that this really wasn't evidence.
I had informed the Sheriff that I had contacted Lloyds Bank to find out about the account where the money was paid to.
At the proof hearing it was a different Sheriff who was very dismissive of me, continually interrupting.
I had asked since the application was made online if there was an IP address available of the person who made the application and the Sheriff ignored me.
SAAS had an employee give evidence that the payment was made to Lloyds Bank account and that Lloyds had told her the account was in my name.
I really had nothing to offer in defence other than a letter from the University stating I wasn't a student, hadn't been offered a place and had never applied, SAAS already had this information in their productions along with the online application.
I informed the Sheriff that I was still waiting to hear from Lloyds but she said she wasn't prepared to wait any further.
Her ruling was that it was entirely likely that I had applied for the student loan and received the money.
I had made a comment that SAAS had provided no physical evidence that any payment had been made however she shot me down entirely saying that that was not the issue before the court (??).
based on that the Sheriff granted SAAS their decree against me.
Lloyds finally got back to me a few days ago with an apology (thanks) and their letter states firstly that account information is never divulged and that they have a duty of confidentiality.
They then go on to state they can find no link between the Lloyds account details provided by SAAS and myself and confirm the account is not in my name nor based anywhere near my home address.
They then go on to say that the account is dormant and there have been no transactions on the account since June 2013.
Having previous had my identity stolen
I had considered that someone had made a fraudulent application in my name although for some reason SAAS admitted they didn't carry out their usual checks to see if I had enrolled on the course before paying out the loan.
I had also considered that it may be an administration error as my daughter attends the University listed in the application and receives a loan from SAAS although her reference is different to the one on the application relating to my name.
I've tried contacting SAAS but they have simply responded saying their next step is to petition for sequestration.
I've written directly to SAAS as well as The Scottish Ministers who simply pass the matter back to SAAS.
I've been turned down for legal aid; I'm currently on Carer's Allowance as my wife is seriously ill.
I'm unaware of the "1a claim" and I simply wrote to the bank,
I didn't make a SAR,
they obviously wouldn't provide the name of the actual account holder however I just needed them to confirm that I wasn't the account holder.
As I said, the Sheriff simply dismissed it and stated she wasn't prepare to adjourn.
Is it worth contacting the Sheriff Principal requesting that the decree should be set aside and another hearing be set?
The court says that this can only be done when I've not appeared in court at the hearing.