Unfortunately, that is not always possible. I need assistance going forward - not judgments about circumstances people know nothing about! That may be the case but my question related to what I can do going forward. The court have advised me to apply to have the Judgment set aside but I need some advice before doing that!

No, unfortunately I could not make it I wrote to the court in advance of the hearing putting forward my case and asking for my defence to be considered. I also asked for directions on applying to have the claim struck out for being statute barred. It's not ideal but I did think that my correspondence would be given some consideration and not just dismissed out of hand. I suppose expecting the Judge to be fair in my absence was asking a bit much! It doesn't change the fact that the claimant has absolutely no evidence in support of there claim - other than that printed from their own computer! The way I understand it is there has to be some evidence that the person actually entered into a contract (ie an application form).

The first time the Judgment was set aside because I had not received any notification about the debt or the case generally so I was allowed to submit a defence. The Judge simply stated that in his Judgment that he was satisfied on the balance of probabilities that the debt was mine and dismissed my defence. That was it. It seems quite unfair and I don't see the logic.

Thank you for that. That is really helpful. The value is just over £1,000 - Lowell's costs of £400 odd have been added on to that. The date for payment of the judgment set by the court is tomorrow - I guess I have to apply to have the judgment set aside as I do not plan on paying that? Or is there another way to stall enforcement action?

Last year out of nowhere I received a warrant for execution for a CCJ that I had no knowledge of. It transpired that it related to an old overdraft with HSBC that I knew nothing about. The claim was filed by Lowell who had never contacted me regarding the debt at any time. I arranged to have the Judgment set aside and then proceeded to defend the claim. Judgment has now been found against me and I want to know if anyone can advise me as to what to do next. I have no knowledge of an account with HSBC and never used one. Lowell have not provided any application form showing that I opened it or used it. The only evidence they have provided is some copy bank statements from their own database. The account is in a variation of my name - not the name I used. I in fact had a different bank account at the time - have had it and used it for over 10 years. First question therefore - if they do not have an application form or any other form of official evidence - is that enough basis for a claim? I cannot believe that some print-outs from the claimant's own computer is sufficient evidence of anything but is there a legal authority on this point? Second point, the overdraft was "called in" in 2007 but the claim was issued in 2014. I disputed this as being statute barred. In response Lowell suddenly came up with a spreadsheet from their own computer database with payments supposedly made my me and therefore claimed that it was capable of being the subject of a claim. They have not provided any evidence linking me to these payments - they are just dates, amounts and say they were made by "standing order" (but no details of the bank they were made from). I have spoken to my bank and they confirm no standing order payments or payments of any kind were made on the dates they allege. Do they not have to show where the payments came from? I am now in the position where I need to decide whether to apply to have the Judgment set aside again and dispute it further but having already failed once I am a bit concerned about this. I cannot understand how they can have a valid claim when they have no evidence other than that mentioned above. How did the Judge find in their favour? I can't afford to make the application to the Court unless I have some solid evidence behind me to fight my corner.... . which is why I am posting on here. Can anyone point me in the right direction or give me some pointers on how to fight this? I have reported the account to Action Fraud but I don't feel that Lowell will investigate this properly as it is in their interest not too! If they find evidence of identity theft or fraud - then they don't get their money! I have also reported Lowell to the Financial Ombudsman as I think they are wrong to pursue a statute barred claim. Any help here would really be appreciated as I am at a real loss.