Struggling with ccj debt

thechippy

sdoherty1000 wrote: »

Chippy, back in 2008 i didnt respond to certain letters so the debt was passed on to the courts- since then i havent missed a payment

Thanks,

Can you elaborate a bit.

Do you mean you didn't respond to the window company so they took it to court?
Have you always made payments since judgement?.

Yep,

Get back to us when you get the email....;)

vax2002

they can only claim the value of the CCJ and any interest that is mentioned upon the order.
If it gives them an order for the CCJ value and makes no mention of any interest or other charges then once that have been paid the value of that order it is satisfied unless they have any other orders from the court to say anything different.

sdoherty1000

I didnt respond to the windows company and then stupidly i refused to acknowledge the debt was there so I swept it under the rug and hoped it would disappear. Instead it just got larger. I have made every payment since the judgement was made yes.

sdoherty1000

vax, will they have a copy of the original judgement that they can send me or do i have to visit the courts for a copy?

thechippy

vax2002 wrote: »

they can only claim the value of the CCJ and any interest that is mentioned upon the order.
If it gives them an order for the CCJ value and makes no mention of any interest or other charges then once that have been paid the value of that order it is satisfied unless they have any other orders from the court to say anything different.

Absolutely correct.

And that's why we need a copy of the original claim form and judgement, so we can stick one up them...:D

Still not sure how it's ended up with Gaunts though. Usually after judgement to would make payments to the window company.
Someone like Gaunts would normally only come into play if payments are being missed and the window company has instructed them to enforce the ccj??

vax2002

You should not be paying anything at all if you have never even seen this CCJ, they could be lying.
Write and DEMAND they serve a copy of the order they claim to hold and the case number at the court so it ca be compared to the order on file.
Once you have paid them what is on this order, it is paid.
Someone can not get a CCJ for £5000 and then demand you pay £20,000
well the can if you are daft enough to keep paying them after the amount the court said you pay.
Get a copy of this order and make it quite clear they wont be getting any more money until they do.

sdoherty1000

Sorry i need to be clearer- The judgement was ordered and a bailiff would call round for the collection- he then told me to set up a standing order with gaunts so i did- maybe the debt was sold from the window company to gaunts? honestly i have no idea.

I may be a little fuzzy on the details as it was a long time ago. I was under the assumption that i was paying £100 a month towards the sum of £5000 and that it should be almost clear by now
Ill ring them now and see if they have a copy of the original judegment.

vax2002

It would be highly unusual for a Bailiff to make weekly collections, I think they may have sent a door collector and fooled you in to thinking it was a bailiff.
Any bailiff would need a Court warrant to collect the money so there will be one of them to dish up as well.
Once you have a case number I would start by requesting all the files from the court they hold and see exactly what warrants and CCJ's were issued.
My general opinion is a two bit debt company are having you over.

thechippy

Sorry all the questions, but we can't help unless we have a crystal clear sequence of events -

thechippy

vax2002 wrote: »

It would be highly unusual for a Bailiff to make weekly collections, I think they may have sent a door collector and fooled you in to thinking it was a bailiff.
Any bailiff would need a Court warrant to collect the money so there will be one of them to dish up as well.
Once you have a case number I would start by requesting all the files from the court they hold and see exactly what warrants and CCJ's were issued.
My general opinion is a two bit debt company are having you over.

This is why it's odd. Gaunts are in fact both a hceo and certified bailiff's