Struggling with ccj debt

[sdoherty1000]

firstly I would like to say thank you for any help you can give me.

 

For the past few years I have been paying a ccj @ £100 a month for a debt that started at £5000 (new windows)

 

Unfortunately we ran into some hard times and couldn't afford to pay the window company.

 

the courts told us to repay at a rate of £40 which we were doing.

 

I was getting some work so i upped it to £100 a month not realizing that a few years later the debt hasn't subsided at all.

 

Even though I have almost paid back the total amount I have been charged left right and center from the bailiffs thus the debt stands at £4700!!!

 

I am now in need of a reduction back down to the £40 a month but they debt collection agency are adamant I have to apply to the courts to do so.

 

C n gaunt and son is the agency.

 

But i upped the payment myself so I cant understand why I have to visit a court to lower the payments again.

 

I have paid £100.50 since march 2008 and have bank statements to show to that affect.

 

By the end of this month it will mean i have paid £5226.

 

Once i get the email i will throw around some sums and come back on here- Much obliged for the help guys

 

I have sent them a request for all the relevant paperwork such as the original warrant and breakdown of all the charges.

[BRIGADIER2JCS]

Hi welcome to CAG, how many times have bailiffs been involved

in this??

Does the judgement order allow for interest charges ?

[BRIGADIER2JCS]

C N Gaunt & Sons are bailiffs not a debt collection agency,

has there been a warrant of execution issued by a claiment?

[sdoherty1000]

We pay cn gaunt a payment of £100.50 every month. I believe that its paid as a warrant of execution. Ill be honest, i havent seen any paperwork for several years so I dont know what they are allowed to charge.

[hallowitch]

Hi sdoherty1000 welcome to CAG glad to you took my advice and joined this site i will leave you with the experts

[sdoherty1000]

Thanks Hallowitch for your help

[BRIGADIER2JCS]

We pay cn gaunt a payment of £100.50 every month. I believe that its paid as a warrant of execution. Ill be honest, i havent seen any paperwork for several years so I dont know what they are allowed to charge.

 

You must check your credit reference files asap to see who own the debt.

I feel there is something wrong here and in the words od a colleague being

''cash cowed'' with all these charges.

I have asked the site team for views on this.

Do you have a copy of the Judgement?

[dx100uk]

yep something smells here badly.

 

who was the org finance with please tell us the history,

 

dx

[sdoherty1000]

No I dont have any paperwork or real information to share.

 

I assumed that I was paying £100.50 and that was what was coming off the total per month.

 

I rang them to get them to lower the monthly payment to £40 and thats when they told me that the outstanding balance is £4700

even though I have paid £100.50 every month since 2008.

 

I will have a look at my credit file and see what it brings up.

 

Thanks

[sdoherty1000]

We had new windows and doors fitted but we ran out of money and stupidly couldn't pay it back.

 

The £5000 was passed on to c n jaunt and we have been paying them ever since.

 

Originally, it went to court and the courts ordered us to pay £40 a month which I was doing.

 

I then decided to up it to £100 a month to pay it off quicker and have been ever since.

 

Only Now to be told the outstanding balance of the debt is £4700 which will likely take another 5 years to pay off!!

 

I am sorry that my information is vague but all this happened 4 years ago and I was thinking it was nearing a conclusion

[BRIGADIER2JCS]

Ok I am going to suggest a Subject Access Request Under

the Data protection Act to Gaunts they must provide you with

all data that they hold in you within 40days, there is a£10

statutory fee to pay.

 

There is a template in the CAG library and it should be addressed

to their Data Controller.

[BRIGADIER2JCS]

Who was the window supplier/contractor???

[sdoherty1000]

A local firm called orion windows. I will send off a SAR asap.

[dx100uk]

who was the finance with?

 

dx

[dx100uk]

gaunt would only ever get involved if you missed a ccj payment [the £40]

 

so who were you pay BEFORE it went to court?

 

WHo took you to court?

 

did you defend it or know nothign about it going to court?

 

and DID you miss a CCJ payment?

 

dx

[ploddertom]

Gaunts will be operating as HCEO's.

 

This would seem to suggest that originally a payment may have been missed

and the Claimant transferred the debt for enforcement.

 

If you have been paying for a while I would also be asking if the Writ has been renewed each time

as these only last for 12 months but may be renewed on request.

 

I would hazard a guess that for each payment made to Gaunts then only 60% is being paid to the Claimant with them retaining the balance for "fees".

[sdoherty1000]

The windows was a lump fee upon completion.

 

It took them a while to ask for payment and by that point we didnt have the money.

 

I will hold my hand ups and say what we did was stupid but other bills took priority and therefore it went to court and the ccj was born.

 

Then cn gaunt was involved and we paid them accordingly.

 

We have paid them every since

[BRIGADIER2JCS]

I still find this odd who owns the debt???

Without this information it is difficult to

advise.

 

Credit File Check is essential.

[dx100uk]

see below

noddle is free.

 

dx

[Ell-enn]

I think you definitely need to get a statement from this C N Gaunt outfit so you can see where the money you have been paying has gone.You should have been getting one from them at least once a year.

[sdoherty1000]

I have sent a sar request so that gives them 40 days to supply all the information i requested. I will be happy to send it out by email to anyone that will be able to help me further. Thanks everyone for your help so far

[sdoherty1000]

I have checked my credit report online using equifax and the debt doesnt appear on it??

[wonkeydonkey]

You have taken the first step by sending SAR to Gaunt's and that should be very informative, however you must also write to Orion Windows and ask for a complete breakdown of payments they have received from Gaunts and also what they see to be the outstanding balance? (be prepared for a shock)

 

WD

[sdoherty1000]

Why do I have to pay cn Gaunt direct though? Why cant I just make a payment to orion windows and exclude the bailiffs?

[dx100uk]

urm.. this is beginnig to smell even more.....

 

there is a chance that it was defaultd more than 6yrs ago and has dropped off.

 

can you go up on www.trustonline.org.uk

 

and see if the CCJ shows please

 

just as a side note. how long ago were these windows fitted and you ARE still at the same address now.?

 

dx