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desperately need help

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  • desperately need help

    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:
    1. Defendant is not living in the UK since Nov 2017
    2. Defendant moved out from the UK and didn’t came back to UK
    3. The correspondence from the Court and the Claimant has not been reached to me due to the fact that defendant is living abroad
    4. Defendant is disputing the debt claimed by the Claimant
    5. Defendant has no knowledge of any debt relates to the Defendant’s name as shown by the Claimant in their letter
    6. 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)
    7. 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)
    8. Personal credit file shows all the credit taken by an individual whether it’s a loan, credit card or current account overdraft
    9. 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.
    10. The Claimant claimed amount is not showing anywhere in defendant personal credit file
    11. Defendant has only one current account with HSBC Bank which is showing in the credit file
    12. 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:
    1. 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
    2. Defendant is not accepting the debt and the Claimant is unable to prove the debt


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