I was wondering if someone maybe be able to advise me. Back in 2008 I had an account with EE that was used by my ex partner, he paid the bills directly. However we split up and I assumed he was going to continue to pay the bills, I did not have contact with him after as the relation was abusive. I rarely checked my credit report until 2017 when I was declined for credit, upon checking I noticed I had a CCJ from Capquest Investments Limited in relation to the EE account. I was unable to address the CCJ in 2017 due to poor health, however in September 2020 when requested for the judgment to be set aside on the basis that the court documents were sent to an address I was no longer residing at (it was also an address I didn’t initially take the contract out at) so they must have tried to look for me and came up with that address... however had they checked the electoral role correctly in 2017 when they applied for the judgment against me they would have got my correct address! I also applied for the judgment to be set aside on the basis of poor health, I am trying to apply for finance for IVF as I am unable to have a baby due to a disease I have. Northampton Court assigned my case to Edmonton County Court who issued me with a hearing date for Mid October 2020. I received a telephone hearing on that date, the claimants did not attend the hearing at all. The judge advised me that if I paid the debt in full and provided evidence that I had been living at my current address and not the one the court documents were sent to it may be set aside. I was asked to provide this evidence by email to the court by 4pm on the 18th November 2020. I submitted a receipt that I had paid in full, a tenancy agreement for my current address stating I had lived here since 2015 and not the address they’d found, along with a witness statement. The hearing was adjourned to December 16th however the court did not call me... I tried to call numerous times but had no response, I also sent an email but still have not heard back. However yesterday I received a pack in the post from the other sides solicitors dated 10th December with their witness statement, they are admitting to the court I paid the full judgment back in November however are stating that the judgment should not be set aside due to the fact that my application was made 3 years after the judgment was made, they are also stating that they have chased the court for the proof that I provided the documents stating which address I resided at.. however the court hasn’t provided them with it therefore in their eyes I have not complied and that’s another reason it should not be set aside, and to top it all off they have come after me with a costs order of £561 for their solicitors fees?! I am completely confused as I paid the full amount in November as requested by the court and provided the court with the evidence the required. I don’t think the court has sent it to the other side, also it seems they are just out to get more money from me. They have stated in their witness statement that I paid the full amount but I am apparently just trying to clean my credit and I shouldn’t be rewarded. They also have stated that I apparently made some payments to them in 2014 which i have no recollection of, however they have stated they have no documents to support this nor do they have an original contract. Could anyone please advise, it would be much appreciated.
Capquest CCJ
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