Information to court debt needed- urgent

sdoherty1000

https://www.dropbox.com/s/mlodwciw5k449e3/judgement.jpg
I have now uploaded the judgement for someone in the knowhow to help me understand this better. Although there isnt a lot of info on the judgement

Tixy

That is a forthwith judgement, which means that the full amount was to be paid immediately. Did you or they go back to court to have the judgement varied to allow you to pay in installments?

This factsheet explains when interest can be added to a CCJ http://www.bdl.org.uk/images/18_EW_NDL_Interest on a CCJ.pdf

and is worth a read. Or when you have the full infor it may be worth calling national debtline for some advice. EDIT - from re-reading the first post I am not sure if you ever had a credit agreement for the purchase of windows or if you simply couldn't pay the full amount after they were installed. If you didn't have a credit agreement then that link won't be relevant but you could still give national debtline a call to discuss.

sdoherty1000 wrote: »

Ok this is what I have received from the collectors today
Judgement Debt : £5,143.54
Execution Costs : £111.75
Interest : £429.68
Claimant Total : £5,684.97
Officer's Fees : £50.78
Balance : £2,252.35
Total Levy : £5,735.75
Less Payments : £1,208.00
Less Credits : £2,275.40
Daily Interest : £0.37

We are being charged 0.37p daily on the debt, I have asked for full statements of payments and a copy of every document they hold on file for me

The issue appears to be that this statement does not show all the payments you have made to the debt since the debt of the judgement.
You say you have asked for a copy of every document and full statements - have you done a formal written subject access request with a £10 fee? or just asked for this information verbally?

Until you get a full statement it will be difficult for you to identify what is missing from the statements or how they have arrived at the figure showing as outstanding.

In the meantime I would try to get your own list together of all payments you have made and when so you can compare it to the information from them.

sdoherty1000

https://www.dropbox.com/s/i0j2awft1z13ctg/edited%20statement%20page%201.png
https://www.dropbox.com/s/h6ttb42nk06rh2v/statement%20page%202.png
This is a statement that they just sent over.

Tixy

After the forthwith judgement was granted did the creditor appoint bailiffs?
Did you have bailiffs visit you at home?
Have you been paying the bailiff or creditor all this time?

sdoherty1000

We had a few early visits which we paid via cheque. We then agreed to pay £40 a month but increased it to £100. We havent had a court appointed bailiff turn up since £2007. We are paying £100 a month to c n gaunt which is now called "high court enforcement" and that is who we continue to pay. With it being such a long time ago I have no idea who appointed who! I am assuming a letter turned up from gaunts and we phoned them and offered the £40 a month- increased it and been paying it ever since. The bank statements showing all payments will be arriving hopefully tomorrow which will show every payment so I will tally it all up and see if my figures are the same as theres.

Tixy

From the look of those statements it does seem to show at least the vast majority of your payments.

So the main issue of the balance relates to whether the fees they have charged are allowed and whether they are allowed to charge interest.

Given that the debt is being collected by bailiffs and that it was over a £5k judgement I would imagine they are probably allowed to charge you interest.

With regards to the fees etc then it may be worth a read of this website - it is run by a member on here and has a lot of information on what can be charged for various different types of debts - http://bailiffadviceonline.co.uk/

sdoherty1000

Thanks all for your help. The only person who has ever been at my door was from the courts. I know this because the cheques were made out to hmrc and not gaunts. I have no idea why they are charging travel and bailiff attendance as they have never been here.

Tixy

For a county court judgement nobody from the court would visit your property.
HMRC is HM Revenue and Customs - they deal with the collection of tax not county court judgements.

If you were paying a fee to the court then this could be to HM Courts & Tribunal Services but that would generally just be for a court fee/fine not to pay a debt.

sdoherty1000

Where can I go from here then? If the fee's are legal and every thing is kosher what is my next move? Obviously I cant afford to pay the remaining balance in one go and paying £100 is crippling me financially

sdoherty1000

I have £1000 on my 0% credit card with 12 months balance transfer left. If I was to make an offer to close the account how much should I offer? What is the general rule of thumb with making an offer?