I am living abroad since 2017, checked my credit file & found a CCJ, contacted the company and they said that a default judgement has been issued against me, told them I am living abroad and also don't know any details of the HSBC debt they r referring too, credit chaser is CABOT, they said we don't have any agreement or any paper work to prove the debt, I even request them to provide me the agreement copy or any written evidence which prove the debt.
I do HSBC current account and that the overdraft limit is GBP 1000, account is up and running.
but Cabot is saying that this account overdraft facility of GBP13000 (too much for a personal account) was closed in Nov 2016, I have checked my credit file even and there is no mention of such overdraft facility provided to me, nothing in credit file.
contacted the county court they said I can apply for Judgement set aside and pay a fee
my question is what evidence should provide to the court really exactly what evidence which proved I was abroad and the debt didn't belong to me.
I have following evidence in my mind
1- passport copy showing entry stamp of abroad
2- phone bill from abroad home showing my name as account holder
2- my credit file showing no mention of the above debt
please mention any other point or evidence I should submit
also im sending the following statement to the court with N244 application:
Statement of case:
Dear Sir/ Madam,
I have applied for the application of Judgment set aside due to the following reasons:
I do HSBC current account and that the overdraft limit is GBP 1000, account is up and running.
but Cabot is saying that this account overdraft facility of GBP13000 (too much for a personal account) was closed in Nov 2016, I have checked my credit file even and there is no mention of such overdraft facility provided to me, nothing in credit file.
contacted the county court they said I can apply for Judgement set aside and pay a fee
my question is what evidence should provide to the court really exactly what evidence which proved I was abroad and the debt didn't belong to me.
I have following evidence in my mind
1- passport copy showing entry stamp of abroad
2- phone bill from abroad home showing my name as account holder
2- my credit file showing no mention of the above debt
please mention any other point or evidence I should submit
also im sending the following statement to the court with N244 application:
Statement of case:
Dear Sir/ Madam,
I have applied for the application of Judgment set aside due to the following reasons:
- Defendant is not living in the UK since Nov 2017
- Defendant moved out from the UK and didn’t came back to UK
- The correspondence from the Court and the Claimant has not been reached to me due to the fact that defendant is living abroad
- Defendant is disputing the debt claimed by the Claimant
- Defendant has no knowledge of any debt relates to the Defendant’s name as shown by the Claimant in their letter
- Defendant has several times requested details from the claimant regarding the claim which Claimant didn’t respond to (evidence attached copies of emails sent to Claimant)
- I am also sending my personal credit file copy which also shows no debt which Claimant is claiming (its my personal file please do not share with Claimant)
- Personal credit file shows all the credit taken by an individual whether it’s a loan, credit card or current account overdraft
- Claimant states that the original creditor is HSBC Bank and the type of account was Current, I just have one HSBC personal current account which was opened on ----, Defendant has overdraft limit of only GBP 1500 on that account (Bank statement attached for reference), this account is also showing in my credit file which I have highlighted.
- The Claimant claimed amount is not showing anywhere in defendant personal credit file
- Defendant has only one current account with HSBC Bank which is showing in the credit file
- My passport copy is attached where entry to abroad country is mentioned
Defendant request honorable judge to set aside the default judgment on the following basis:
- Defendant has not received the case correspondence & didn’t have a chance to defend the case due to the fact that Defendant is living abroad
- Defendant is not accepting the debt and the Claimant is unable to prove the debt