Struggling with ccj debt

sdoherty1000

Guys- ask as many questions as you want, I just rang and gaunts dont have a copy of the original order/judgement! i have been told to approach the solicitor that was acting on behalf of the window company for the paperwork! Wouldnt the debt collection need a copy of this to know what to enforce?

sdoherty1000

I may have got my wires crossed but a guy would turn up with a warrant saying i owed the courts xxx amounts of pounds. Then he told me to start a standing order etc. Trouble is my wife is named on the judgement also so i didnt always know about payments she made or letters received. I apologize for the lack of knowledge

thechippy

sdoherty1000 wrote: »

Guys- ask as many questions as you want, I just rang and gaunts dont have a copy of the original order/judgement! i have been told to approach the solicitor that was acting on behalf of the window company for the paperwork! Wouldnt the debt collection need a copy of this to know what to enforce?

They should, yes........??

The problem here is that if this is going through a bone fide hceo, then yes they can add charges and interest.

It's how they got involved. This normally only happens if judgement is given and payments are not made. The creditor can then use a hceo to enforce.

sdoherty1000

But, the payments have been made every month to gaunts so would they carry on using them to collect instead of getting paid directly?

If this is the case, and the charges are legit (which they probably are) have i no choice but to keep paying them £100.50 a month?

vax2002

they must produce the documents, warrant and orders they claim to hold.
WRITE
DO NOT PHONE OR E.MAIL
and DEMAND, use the word DEMAND that they provide you with a copy of all Orders, CCJ, Warrants that they CLAIM to hold,
Give them 21 days to respond in your letter.
If they want to implement a charge of £10 they will write back requesting this first.
But the answer is if they can not produce any of these documents, you do not have to pay them.

sdoherty1000

So, by law i imagine that they must hold a copy of
1) the original warrant
2) account history for the client
3) An instruction by the courts to how much they can charge and legally obtain in interest?

What other information can I ask for? Shall i stop the standing order till this is settled or carry on paying? Or do I offer them £40 which is the amount I want to reduce it to?

sdoherty1000

Right the email has just come in which only shows the amounts I have paid. It doesnt show me the interest rates or charges or the original balance. What it does say though is that I have paid £4,643.50 and the remaining balance is £3,874.28

thechippy

Just change the payment to £40 as per judgement, don't ASK them!

As vax says, get as much info as possible.

I still need to know how it ended up with a hceo though, as the creditor would have had to upgrade the ccj to high court. This only normally done if the payments are not being made and is a way of enforcement.

IE;

Window company don't get paid.
They take you to court and get ccj.
You either don't make the payments per month or miss some.
They then transfer to high court to use a hceo to enforce payments..

There is a schedule of charges that the hceo can apply. These need to be compared with what you are "actually" being charged when you receive the breakdown from them.

thechippy

sdoherty1000 wrote: »

Right the email has just come in which only shows the amounts I have paid. It doesnt show me the interest rates or charges or the original balance. What it does say though is that I have paid £4,643.50 and the remaining balance is £3,874.28

So,

No breakdown of the 3.8k then?
You need to absolutely INSIST on a breakdown of their charges.

sdoherty1000

I cant change the s/o unless i ring the bank up and ask them to change it because it doesnt show up anywhere on my online banking. I can only imagine that this is the route that we took-
Window company don't get paid.
They take you to court and get ccj.
You either don't make the payments per month or miss some.
They then transfer to high court to use a hceo to enforce payments..

As i say it was literally 4 years ago! so I cant remember the course of events but yours does sound plausible. I'm gutted that this will take an average of another 4 years to close @ £100.50 a month.

I will send them a letter asking for a break down of charges and tell them i want a copy of the original orders/warrants.

Thank you both for your persistence and quick replies