MIB-Close Credit Management - Claim issued

[gramoz1]

Hi All.

Hi, just thought i would update you also on my claim, Today I received a email back from MIB who say they are still pursuing me and passed the debt back to CCM!

They saying that last-time they contacted me was January 2006, which obviously I didn't receive anything.

I am not sure what to do? Been today to a solicitor and advised me not to contact them. and see If they will take it further.

I am also getting ready to file bankruptcy (if it can be done???) as I am not ready to pay anything at all.

 

Thank you all

[gramoz1]

The same thing I received today. I am not sure what to do? Been today to a solicitor and advised me not to contact them. and see If they will take it further.

I am also getting ready to file bankruptcy (if it can be done???) as I am not ready to pay anything at all.

[Bazooka Boo]

Well if they foolishly take any legal action then they will be the ones paying you, this is absolutely ludicrous, for such a large company to be making such basic errors is laughable, it makes my blood boil that they believe they can even begin to get away with it.

 

What has consumer direct said? And have you forwarded this to your local MP's?

[gramoz1]

Do you think I CAN file bankruptcy????? If they take it further.

[Bazooka Boo]

Why file for BR? It is only the MIB, get making the right noises in the right places and that will stop them dead in the water.

[law4all]

hi 2 all on here,,,been watching this for few weeks,,,my case is some how same 2 most of u, i had bump back in 2001,,i was fully inshurd,,there was no damage 2 me or the other car we did not swap any detials,,he was happy to walk away and me 2,,then few months back got the same letters as every1 else,,after studyin wat every1 said on here,,i made letter up,,and send email 2 mib,,after week got riply we do not agree wid u but we will not persue the case,,,case closed,,,,sorri 4 bad speling,,thenks u all for ur advice,,,cant thank you much,,,,,,

[Jasper1965]

Hi, just thought i would update you on my claim, I have today recieved a email back from MIB who say they are still pursuing me and passed the debt back to CCM!!! They claim i have spoken to a agent in 2007 which they have a report! I HAVE NEVER SPOKEN TO AN AGENT!!!

 

It is important to take on board that the Limitation Act 1980 requires acknowledgement to be either in the form of part payment or in written form signed by the debtor.

 

They can huff and puff all they like that the claim isn't statute barred but the law is very clear, no payment or signed written acknowledgment within the relevant limitation period then it's SB'ed!!

The onus is on them to prove that it isn't SB'ed once you aver that it is so presumably they will be able to satisfy you, any court and the OFT who are also very clear on the matter of DCA's pursuing SB'ed debts. A copy of the letter of acknowledgment you signed and posted to them will provide sufficient evidence for this purpose.

 

They seem to mistakenly believe that acknowledgment can be made by telephone or non reply (gramox1), neither method constitutes acknowledgment in the eyes of the law.

 

If the claim was for personal injuries then the SB period is only 3 years too.

[vickiejane]

Thanks a lot Jasper thats great!! I was a little worried that the date of the debt would be from when they paid out to the "claimant" so the 3 year info is very greatfully recieved I have never signed or acknowledged anything to do with this claim!

[vickiejane]

 

What has consumer direct said? And have you forwarded this to your local MP's?

 

Hi Bazooka, here is my reply from consumer direct.....

 

Thank you for your enquiry to Consumer Direct dated 22/03/2011. Your reference number for this case is ************** and should be quoted in all further correspondence regarding this case.

We understand that you are being pursued for a debt you incurred in 2004.

Based on the information you have provided the key legal points in response to your enquiry are as follows:

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

For debt advice, you should contact National Debtline on 0808 808 4000. This is a national telephone helpline for people with debt problems in England, Wales and Scotland. The specialist advice is given over the telephone. The service is free, confidential and independent.

Alternatively, you may want to contact the Consumer Credit Counselling Service as they also offer independent advice on debt. You can contact them on 0800

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.

[Jasper1965]

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

 

This is a very poor and misleading statement. What exactly do they mean by "action", Court action or passing to the "Pre Litigation department", sending a letter, phone calls???? Way way too vague!!! And if it's down to the "creditor" as implied then every 5 years and 364 daysthey would just contact the debtor to perpetuate the limitation period.

 

In summary a shocking poorly researched almost templated response. Must try harder.

[faintheart]

This is a very poor and misleading statement. What exactly do they mean by "action", Court action or passing to the "Pre Litigation department", sending a letter, phone calls???? Way way too vague!!! And if it's down to the "creditor" as implied then every 5 years and 364 daysthey would just contact the debtor to perpetuate the limitation period.

 

In summary a shocking poorly researched almost templated response. Must try harder.

 

 

Yes, I've been confused by this. Some people say the 6 year Statute Barred period starts from the date of the original incident, some say from the date of the last communication. Also, does anyone know for sure, can one be pursued for a debt at all if it hasn't been to court first - or that you've admitted to? In my case it seems the MIB have just taken it upon themselves to be judge and jury regardless. I was not personally involved in the original incident actually (see previous messages),and it was in 2006 so not SB'd though I dealt with it (by proxy, so to speak) by sending a letter explaining the correct version of events and denying liability. The MIB now say they never received this letter. Conveniently. Also, they now say that, although they admit they discussed the matter with me back then, (which is how I found out the other person had apparently given them 3 different versions - you'd have thought that would have raised some doubts in their tiny minds) they're now not prepared to due to the Data Protection issue. Can I use that fact against them, I wonder - that they violated Data Protection?

It seems a very strange state of affairs when apparently someone can go to the MIB, say they've had an accident (allegedly) with either an uninsured driver, untraceable uninsured driver, or even, in some cases on here, insured driver, get a nice little sum in their back pocket and on top of that leave some poor sucker none the wiser until a nasty letter from a DCA drops onto their doormat. I did actually put that to them at the time and they literally had no answer. We could all do that! (I said that, too). Are these people for real?? I can hardly believe it's actually legal!

[vickiejane]

 

In summary a shocking poorly researched almost templated response. Must try harder.

 

Thanks Jasper, i shall quote something similar when i reply to them! If im honest i too thought this reply was very poor but i guess i was just glad they had acknowledged my complaint!

[faintheart]

Sorry, folks, I'm double posting - my browser's playing up.

[the_shadow]

Sorry, folks, I'm double posting - my browser's playing up.

 

Ok, no probs.. sorted for now.. may help to come out of the program and go back in.

 

S.

[Bazooka Boo]

FH, the MIB MUST be reported, you cannot complain enough about what now appears to be a very prolific problem they have caused themselves, there is ZERO logic to any of their demands, speak with Consumer Direct first, who will automatically pass your complaint onto the OFT & TS.

 

Then open up a formal complaint with MIB themselves and have them account for their actions.

 

Drop a line to your local MP also, and to BBC Watchdog, believe you me, if there are as many people out there who have been approached for extremely suspect alleged debts, then there will be double the amount who have not heard of CAG.

 

http://www.consumerdirect.gov.uk/contact

 

http://www.writetothem.com/

 

http://www.bbc.co.uk/watchdog/gotastory/

 

http://www.mib.org.uk/Customer+Charter+and+Feedback/en/Making+a+complaint/Default.htm

[faintheart]

Thank you BB. I agree, the MIB must be reported. And I will certainly complain - we should all complain, people. As I said above, the whole process by which they operate appears to be flawed. They seem to be a law unto themselves. No better than muggers. Thought you'd like an update, though, I received a letter this morning from MIB to the effect that '...having reconsidered the matter, on this occasion...' they'll no longer be pursuing the matter and their file of papers has now been closed. They have also informed Close Credit Management of their decision. Big deal. Clearly it'd be unreasonable of me to expect an apology and an admission they made a balls up and perhaps even a compensatory payment to me for all the stress they've caused. And I don't suppose they'll put as much energy in pursuing for fraud the claimant to whom the incompetent idiots paid out money in the first place.

BB, one thing I should say though, is that were it not for the MIB (and Google) I wouldn't have found the CAG either - I'm now a confirmed fan.

Thank you to all those who've given great advice and support.

[Bazooka Boo]

Don't allow that letter to appease you! Continue with a complaint to them, the OFT, Trading Standards, your local MP & BBC Watchdog, simply because you questioned their authority they backed down, how many others who are not aware of CAG least of all their rights, will simply stump up money they do not owe nor ever have done because of MIB's balls up?

 

You really MUST pursue this complaint and exhaust it fully, if for nothing else than helping out others who may be in your situation.

[faintheart]

Indeed, BB. In fact, every driver in the country has cause to be concerned since around £30 of every insurance premium goes to fund the MIB. It's our money they're throwing around.

[Paddywack41]

I have posted about this on my own thread but htought it might be worth noting it on here for the help of others.

 

I have just received the standard two letter envelope from CCM one being an assignment notice for an accident in 2003 and the other the standad letter from CCM saying that i should contact them rference paying off a 1300 settlement they made regarding the accident. Thankfully there was no Pi claimed hence the relatively small amount compared to others on here.

 

I remember getting probably 2 letters from MIB a long time ago but for the life of me i cant remember what was in them as I was under a lot of stress at the time brought on by debt.

 

Originally i was going to do nothing about this until they tried to contact me again but i think after reading this thread I may write to MIB informing them that i will be contacting the relevant authorities and also contact CCM with the SB letter as well

[Bazooka Boo]

Yes, you really MUST make all the relevant necessary complaints, and please do tip your hat to BBC Watchdog, if for nothing else they will at the very least expose them.

 

If you need further help, just ask. But either way they are clearly deluded about their claims!

[vickiejane]

Hi, and the pusuit in ongoing........ TBh im getting rather weary now, i have recieved yet another email from MIB saying the debt remains. Does anybody have a link to a statute barred draft letter that has been edited for use in this case. i would be very greatfull. x

[Jasper1965]

Try this VJ.

 

Sir.

 

I find your latest response to my averrments highly unsatisfactory.

 

The facts are thus:

 

At no time did I authorise you to step into my shoes in any legal claim brought against me for damages alleged to have been incurred by myself on the xx/09/2004.

At no time did I admit liability for any incident for which you claim to have been pursued for damages on my behalf.

At no time was I offered the opportunity to admit or deny by means of the admission of a defence in legal proceedings any allegations made against me in respect of the sep 2004 incident.

Even had I ever admitted liability and authorised yourselves to settle any liability arising from the event on my behalf, any claim from yourselves towards me is time barred by the Statute of Limitations 1980, there having been an elapsed period of more than that prescribed by the Act in the interim, notwithstanding that you have failed to disclose what type of damages are being claimed.

Any subrogation or assignment of rights from me to yourselves would never have been executed had I discovered that you would then pursue me for perceived damages and costs incurred in any failed attempt by yourselves to defend any claim. Upon discovery of such a likelihood, I would have chosen instead for my own legal representation to stoutly defend my interests directly. It goes without saying that had you ever bothered contacting me before now then any legal documentation you would have sent me would have been passed on my family solicitors for scrutiny prior to actioning.

In the absence of any signed authority from myself it must be taken that you chose to settle the matter with the claimant on a voluntary basis, unfortunately since you failed to contact me to establish the true facts surrounding the incident it is obvious to me that you have paid out a large sum of money against what must have at best been a tenuous claim, at worst a fraudulent claim.

How your companys incompetence can now be construed to be my personal liability is beyond comprehension and also since you have waited more than two, three and even six years beyond examination before a Court whatever the alleged liabilty was for.

 

This is my final response in this matter until the following documents are provided for my evaluation:

1) A true copy of the deed of assignment of my rights to the MIB such copy to bear my signature.

2) The County Court reference number of the claim against which you paid out was made.

3) Proof (as defined within the Limitation Act 1980) that this matter is not statute barred as I aver and you continue to deny. For your convenience I point out that such proof of acknowledgment must constitute either :

(i) proof of part payment or,

(ii) acknowledgment in writing such acknowledgment to be signed by myself.

4) A written breakdown of the amount claimed against me by yourselves to include separation of costs, amount paid in respect of personal injury, amount paid in respect of any other alleged damages.

(In the event you are unable to comply in part with this request)

5) A written statement setting out why any of these documents cannot be provided, such statement to be signed by a statement of truth and to unequivocally admit or deny (1) Whether the document exists, (2) Whether the document does not exist but did historically.

 

Since you continue to refute my claim that any right to action you perceive you hold against me is barred by the Limitation Act 1980, I must assume that you have to hand all the neccesary documentation as listed and have referred to this prior to rebuking my averrment. It is therefore reasonable to state that in the event all the requested documentation has not been made available to me within 14 days of the date of this message that you obviously do not hold such documentation, and are thus simply trying to further harass me into paying this alleged debt. At this stage I shall consider the matter closed barring the extensive complaints routes open to me and any further demands for payments from yourselves will either be passed to my solicitors and you shall be billed for any costs thus incurred or simply disregarded.

 

Since you are already deeply in breach of the OFT guidance on these matters, I shall be filing a complaint with that body.

 

Might I suggest that you put a little more effort into establishing the true facts before making payments to third parties and a lot more effort into checking the legalities before you start harrassing innocent people for the monies you do eventually pay out on these speculative claims?

[vickiejane]

WOW thanks Jasper that is fantastic!!!! Would i be ok sending this by email or should it really be sent in writing?

[postggj]

remember

 

if a personal injury claim then its time barrd after three years, not six

[heaver22]

WOW thanks Jasper that is fantastic!!!! Would i be ok sending this by email or should it really be sent in writing?

 

Hello everyone, I'm a new member to the hit list of the Motor Insurance Bureau, and I'm now seeking some much appreciated help.

 

I was involved in an accident back in 2003, it involved me and a public service bus, I was driving my parents car that was insured by them and i had my own policy on my own car (but to find out did not cover me to use my parents car). Me and the bus bumped in a narrow lane, the bus driver and i was happy to say it was a knock for knock, the bus had no marks, i had a broken indicator. we gave over insurance details any how, but never pursued a claim. Happy Days... until over 6 months later i was informed there was someone that had been traveling on the bus was going for a whip lash claim (no win no fee i guess) well the police came around to inform me that something was not matching up with my insurance! i called my insurance for them to say when i changed my car on the 17Th of January my new policy no longer gave me cover to use another vehicle like it did on my previous car and I'm on my own with this one. I had made the amendments with Tesco online and did not read the small print and then had the accident on the 29Th January. Police said there was nothing that pointed to me causing the accident nor the did the bus company want to make a claim, it was just one person out of 27 other people traveling on the bus that did!

Any way there was a few letters sent to me, i replied with my version of the accident and that was the last of it until now... they would like me to pay £15,574.24!

 

I'm going to see about some legal advice on Wednesday and will keep you all informed, if there's anything that you can suggest in the mean time it will be much appreciated.

Ross