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wilkieboy

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  1. I got the letters in December of last year from CCM and the MIB for around six big ones due to my better half hitting another car without insurance. Again there has been no contact for almost 7 years until now. Sent CCM the e-mail below which I copied from this forum and they must now they have no legal right to claim the outstanding debt as they sent me the following statement and bolted. Dear *******, I can confirm your account has been returned to our client, MIB. Any further collections activity will now be actioned by MIB. Kind regards CCM E-MAIL Any attempt by yourselves to bring a claim against me outside the period allowable for a personal injury claim by claiming rights subrogated to yourselves will be easily defeated by the the dictum "Nemo Dat Quod Non habet" which confirms that any rights subrogated to yourselves cannot lawfully exist in any greater degree than those afforded the subrogator. The subrogator had the right to commence action within a period of three years and chose not to do so. this right cannot lawfully be subrogated in any way which infers a greater right upon the recipient, if you were afforded those rights within the three year period it was for you to commence action within the relevant time as set out within Sec 11 Limitation Act 1980. If you were afforded those rights outside the three year period, then you have never had the legal right to bring proceedings against me. you failed to commence action within the specified time limit for personal injury and it is therefore denied that any attempt to pursue me for the amount claimed is valid and that your threats to commence legal proceedings against me are unfounded as no right to any such action exists. These threats where no right exists are classed as harassment under Sec 40 of the Administaration of Justice Act 1970 and if conducted as a commercial practice are forbidden by CPUTR's. My counsels view is that we are not in a consumer relationship in respect of this matter so the criminal offence of harrassment is the offence which shall be cited in the event of any further unwarranted demands from yourselves regarding this matter. I trust this is clear to you. No right to action exists as you are out of time to bring any such action and I hereby state that I have no intention of voluntarily paying any sum to yourselves in respect of this or any other related matter. For you to continue to pursue me will constitute a criminal offence, I will however require written confirmation from you that you will take no further action against me and will cease sending me lawfully unfounded threatening letters. If you do issue proceedings against me any such action will be stoutly defended on but not limited to the points set out in this letter , statute barred is in itself a complete defence, and a copy of this letter and any other evidence I hold will be used before the Court to prove that any such claim was vexatious and a wasted costs order will be sought against yourselves. THIS WORKED FOR ME ON THE CCM,NOW FOR THE MIB!!!
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