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Bazzerj

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  1. Hi Guys, I'm not sure where my original post went, seems to have been deleted? I just wanted to let everyone know that after submitting the absolutely AMAZING defence that Jasper formulated for me I have today received a letter from the Solicitors dealing on behalf of the MIB stating that they no longer wish to pursue the case and have sent a letter to the court to that effect. Thank you so much for all your help, this is such a relief. I don't understand why my post has gone missing, but I'll help anyone else who is stuck in the same situation (6yrs + claim for an accident which wasn't my fault). Jasper if you read this, if you're ever in the Newcastle area let me know I'll buy you many many beers!
  2. Wow Jasper.. that is fantastic, and far better than what I had. Thank you. I will use this and let you know what happens.
  3. Hi guys, any help with my defence above would be really appreciated, I didn't submit anything yet as I would like someone's advice as to whether the above is enough.
  4. Ok so I was hoping to file defence today, after a long read through all the posts relevant to mine I have drafted a simple defence based on another in Azazel23's post a few months ago. Please let me know if I need to add more to it: 1. The defendant states that the time limit for the commencement of any proceedings related to the alleged Road Traffic Accident on 26/04/2011 has expired. 2. The Limitation Act 1980 section 11(4)states there is a 3 year time limit in which to bring action for such claims, this has clearly expired, the claimant therefore has no right to bring such action as the claim is statue barred by virtue of the Limitation Act 1980. 3. The defendant requests the claim be struck out as an abuse of the process, the claim is vexatious and a waste of the courts time. 4. The Claimant's claim to be entitled to payment of £4xxx or any other sum, or relief of any kind is denied.
  5. Hi, Although most of what Jadimba says is true, be warned if you ignore them they will think you are a soft target and you WILL receive a County Court claim form eventually. As I did. Your best bet is to read through the two posts on here regarding the MIB claims. (sorry can't post links as I don't have enough posts yet) You'll get all the info you need on what letters to send etc. I would act now and send the letters/emails before it gets to the CC stage as there have been alot of cases that have simply been dropped. Good luck.
  6. Just a quick update, I sent the MIB an email similar to one I found in the other MIB thread in this forum (the 11-page one) basically stating that I was never given opportunity to defend myself and that the debt is now more than 6 years old etc. I sent this last friday and received the following reply today: Good Afternoon, Thank you for your recent email. Your query has been passed to the Recovery Department by the Customer Services. We can confirm that this claim is legitimate and you in fact discussed this with a claims handler in August 2005. In March 2006 Brownswords investigators contacted you and you advised you did not have insurance, you also advised that you still disputed liability as per your conversation in 2005, so the handler reviewed the accident location. She found that as there were no road markings the road should have been treated as a roundabout and you should have given way to the claimant, which means that you were 100% liable, the handler wrote a letter to you confirming this to which there was no reply. The claim was paid and the last payment was in June 2007 which is when the debt was formed. Our file was then handled by the recovery department and sent to our recovery agents Experto Credite in June 2007. It was left to them to follow their recovery procedure and contact you. The file is now out with our recovery agents IND because the debt is still outstanding. Please contact IND as soon as possible on 08715 994451 as they are dealing with the file on our behalf. Any future correspondence should be directed to them. Regards MIB Recovery Department Tel. 01908 821994 This is basically saying the complete opposite to what actually happened, the person I had the accident with has lied and they have simply taken their word for it. I don't remember any form being sent out in 2007 either. I am fuming. Am I right in thinking though that as the claim form is claiming monies owed from the date of the accident including the interest added, that the fact that they are saying the debt is from 2007 is irrelevant? I have replied with Jaspers 'I find your latest response to my averrments highly unsatisfactory" letter also from the above referenced thread. I now have 14 days from tomorrow until I have to issue a defence. What else can I do?
  7. Hi guys, I am a bit confused as to what to do next? Do I search on here and try to draft my defence, or do I send the part 18 CPR request to the MIB or both.? I'm sorry to push, i just want this over and done with.
  8. Just a quick update, had a problem with my internet over the weekend. I have now aknowledged service. How do I proceed?
  9. Surely this statement proves they are claiming from the date of the accident.
  10. What with all the help I've gotten from you guys so far, and the fact that this is not a one-off case I would certainly be prepared to complain to the relevant places, as it is outrageous that they can try this. I would obviously like to remove the stress of this from my life as quick as possible though. Once I have aknowledged service - how do I proceed?
  11. Hi, once again thanks for your replies. The issuing court is Northampton (CCBC). I actually got the date of issue wrong its the 6th of May not the 5th, so even further over the 6 years
  12. One other thing I forgot to mention if it makes any difference - Both my first and surname's are spelt incorrectly on the claim form.
  13. Sorry for late reply just got back from work. The issue date is the 5th May. So I have until the 24th to aknowledge this I think. If I aknowledge now will the extra 14 days be added on to this date? Or will it run from when they recieve my response?
  14. Thank you so much for your help Jasper. Could you tell me (in idiot proof terms) exactly what I need to do next then? Could I not submit the defence straight away? Or do I need to aknowledge service first? I'm a bit confused about this.
  15. The only thing I remember is a chap coming to my house to ask me about the accident, I don't even remember if he was from the MIB or the other guys insurance co I showed him exactly what happened on this little map he had, never did I admit that I caused the accident or was negligent. I didn't sign to say it was my fault, I honestly don't remember much more than that. I know I didn't hear anything for ages, until I was deemed to be at fault, and slapped with this bill.
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