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Trying to settle CCJ small claims

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  • Trying to settle CCJ small claims

    I wrote on this forum a few weeks back in a pretty desperate state and you helped tremendously.

    I have had papers back from Merlingen and CAG, the Claims Advisory Group. I am attaching the relevant ones. The Letter from Merlingen, the contract and the final settlement from NRAM. I was in contact with NRAM early in 2013 onwards to ask about my PPI. In the end I had to ring and keep on top of the case to get the payment from NRAM. CAG hassled me sign their contracts from early 2013 and right up to 2017. I obviously buckled in June 2013. I spoke to them and said that I had to do the work to actually get the payment from NRAM.

    What is best? Admit defeat and agree a payment plan, or challenge their contract and if they performed?

    My main concern is making sure there is no CCJ as it will affect my employment (finance). Is if best to do it through small claims mediation, or direct with Moriarty? I need to respond to the small claims by 15th Feb and it suggests mediation as a good route.

    I cannot get the camera pictures to upload. Any other way to get them to you?

    Starts
    3rd February 2019 11:00:AM
    Tags: None

  • #2
    Can you email them - admin@legalbeagles.info - have you got the CAG agreement as well ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Did you sign up with CAG in June 2013 or thereabouts?

      ( got the docs thank you )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Yes it looks like June 2013.

        Comment


        • #5
          Hello, hope all well amethyst.
          I have not been on for a couple of days.

          Comment


          • #6
            Sadly, it looks like they will be able to show that you signed up with them, they wrote to NRAM ( it'll just be an argument on when that happened) and you then got paid. Even though you had contacted NRAM before, you didn't get a refund until CAG were involved ( which is what they would argue at a guess) So what you'd need to show is that the refund was directly related to your communication with NRAM and nothing to do with CAG - a SAR to CAG asking for everything they hold about you/your accounts and a SAR to NRAM ( asking specifically for letters from / to third parties on your behalf ) should make it clear one way or the other. You basically want to know if CAG actually got involved at all before the payment decision was made.

            However we do have the court deadline to deal with - we could tell Moriarty you have asked NRAM and CAG for details under a SAR and ask them to agree to a formal 28 day extension under the CPR. This should give you an opportunity to get back the relevant info and assess things, and may open the door to a low settlement offer if that is the way you want to go.

            Is the 15th the Defence date ( so 28 days from when you received the claim form and you'd acknowledged the claim with intent to defend in full ?) ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Thank you for your help, Amethyst.
              I feared as much. I have already asked NRAM for a SAR. I have not asked CAG for all letters to NRAM. I will get on and do that. Also, I will chase up NRAM for the SAR.

              The Letter I had from County Court said that I was on the small claims track and asked me if I wanted mediation with Moriarty. That is what I need to respond to by 15th. I thought that would be the best option. What do you think? Mockery


              Comment


              • #8
                I am not sure why it added "mockery" to the end of my post.

                Obviously, the site is intuitive about how we are feeling!

                Comment


                • #9
                  haha AI rules !

                  You've already filed a defence if you're at allocation/mediation stage ? Any idea what you put as your defence?

                  You have the directions questionnaire( N180 ) to complete?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment

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