MIB-Close Credit Management - Claim issued

[wotsy]

i agree with wotsy. if they did not give u chance to defend ur self on court they will have to drop ur case and let u go.

 

Did you get my message about asking Mib to put their findings in writing?

[Jasper1965]

Thank you both - Wotsy, I've read your case with interest - congratulations and well done for standing up for yourself. Though didn't you 'win' because of the Statute Barred thing? My daughter's case was mid-2006 so not long ago enough for that, I'm assuming - though I've seen a term of 3 years mentioned here too - can't say I really understand whether it's 3 or 6 years or from what date - the incident/the last letter received or sent/the date of a court hearing (which never happened)? Should they have gone to court within a certain time from the date of the incident? It'd be great if they'd just give up but couldn't they now just issue a summons or something, given the incident was only 4 and a half years ago? While I know my daughter was not in the wrong, she is working abroad and wouldn't be able to deal with all this apart from the fact I'd rather not worry her with it all. I'm hoping some kind person on this board will take pity on me and explain the Statute Barred thing in language for dummies. I will take your advice, Wotsy, and write to the MIB hoping I can rely on the fact the MIB seemed to make such a mess of it, deeming my daughter to be guilty and paying out, on the strength of a questionable and inconsistent account of events from the other person, without allowing her to defend herself in court first. I'd be grateful for anyone else's views though, and also, if anyone knows what should have been the sequence of events (should we have been sent any forms to fill or anything) before the MIB say you're liable and send in the rottweilers.

 

Did your daughter sign any forms from the MIB at the time of the incident?

 

I suggest you write to them stating that any claim made against you (ie your daughter) would have been stoutly defended on grounds including but not limited to the following facts:

 

The incident occured on private property where motor insurance was not required by law. For this reason a claim to the MIB was not the correct way to bring action.

The other vehicle involved was a "morris minor" approx year of reg xxxx, approximate value prior to incident £100 maximum.

You believed the other vehicle had no MOT or valid insurance policy at the time of the incident and the claimant would have been put to strict proof such were in force.

MIB staff were aware at the time of major discrepancies in the claimants several very differing versions of the event.

The claimant drove into the back of you not vice versa as claimed.

Independent witnesses could have been provided to confirm events.

No criminal proceedings were brought or could have been brought against you.

[faintheart]

Wow, Jasper, that's impressive, thank you. I'll certainly put all that in. Can I ask, though, referring to your first line: '...a claim to the MIB was not the correct way to bring action', what should have been the correct action? Also, what's '...the claimant would have been put to strict proof such were in force' mean? No, my daughter signed nothing at the time or since.

[Lily2011]

I finally received confirmation from the MIB today that they will no longer pursue me and the 'file of papers' (which they never produced despite countless requests) has been closed.

 

They kindly pointed out that I are 'free to seek independent legal advice'. If I had the time or energy I would counter claim for stress....but I'm just glad its over!

 

Their Customer Charter and complaints procedure is to respond to complaints within 10 working days, they didn't respond to me within that time so I wrote back again. No apology.

 

A ridiculous situation from start to finish, they are bullying people when it appears they have no evidence to back up any of their actions or claims.

 

Good luck

[wotsy]

I finally received confirmation from the MIB today that they will no longer pursue me and the 'file of papers' (which they never produced despite countless requests) has been closed.

 

They kindly pointed out that I are 'free to seek independent legal advice'. If I had the time or energy I would counter claim for stress....but I'm just glad its over!

 

Their Customer Charter and complaints procedure is to respond to complaints within 10 working days, they didn't respond to me within that time so I wrote back again. No apology.

 

A ridiculous situation from start to finish, they are bullying people when it appears they have no evidence to back up any of their actions or claims.

 

Good luck

 

Congratulations Lily2011 well done.

 

Did you send your complaint via Email or via Post?

[Lily2011]

Via email....they were very slow so who knows how long they would take if they actually had to print a letter and post it out.

 

I made a formal complaint about CCM to Consumer Direct a while back and I believe this was forwarded to Trading Standards. I would urge everyone else to do the same. The MIB are also a bunch of cowboys, they have no idea what they are doing. I hope nobody has paid out because of their underhanded scare tactics.

[Leakie]

And to think they are in charge of policing the contiuous insurance,

the government have bought in.

 

Leakie

[Bazooka Boo]

If you are getting no response from your complaints, then please chase them up, I know it all seems too much hard work, and you shouldn't have to, but this is exactly the reason why these companies believe they can get away with attempting to fleece innocent members of the public, because they will get too frustrated with the whole complaints thing! It IS worth it, so please please please continue to make as much fuss as possible.

[GussyJack]

The MIB and collection agency can not recover a debt from you if there has not been any contact for 6 years or more. This debt is now statued bar. It is hardly likely that the MIB even still have the file as they are only held for a number of years.

 

Close credit mangement is re-hashing old written off files. Request copy of the file that pertains to you (you will not get all the file as it has other documentation in which is covered under data protection) It is unlikely that they will have the file and in that case they will have no option but to stop all action. I advise on MIB debts everyday and since the MIB has sold this batch of very old debt to Close Credit Management I now receive about 40 customers aweek seeking my advice pack to dispense with these claims.

[GussyJack]

Personel Injury Claims have a 3 year limitation - This means a claimant has 3 years from ther date of the accident to make a claim.

 

Property damage claims have a 6 Year Limitation

 

Debt recovery has a 6 year limitation subject to no contact by the Plaintiff within that period.

 

The MIB are very good at managing claims, but they do not understand the recovery of debt after the claim is settled. This is a mine field for them this is why they outsource it. The Recovery Agents also do not understand subrogated debts - most of them are use to credit card or loan time debt.

 

Close Credit Management is a new agency handling MIB debts - I do not think for very long though - The problem is most of the people being chased can't be bothered to lodge a complaint to the OFT - or the collection agency regulatory body CREDIT SERVICE ASSOCIATION (CSA)

 

I have numerous files on my desk dealing with resolving MIB and Insurance uninsured debts.

[gramoz1]

Has anyone heard lately from MIB?

[i.ash213]

Hi all.....

 

I also wrote the mib a similar kind of letter as posted on here telling them that they never gave me the opportunity to defend myself and that I believe the accident was fraudulent. But unfortunately I didn't get the positive response as some on this board.

They sent me documents that they sent me in2006 one headed "agreement" which requires me to sign and also dispute liability which I didn't fill in at the time.

They basically say That we are satisfied that you were driving without insurance and that you were at fault for the accident!!!

 

Anyone got any advice or I'm I done for?

 

Thanx in advance

[faintheart]

Hi all.....

 

I also wrote the mib a similar kind of letter as posted on here telling them that they never gave me the opportunity to defend myself and that I believe the accident was fraudulent. But unfortunately I didn't get the positive response as some on this board.

They sent me documents that they sent me in2006 one headed "agreement" which requires me to sign and also dispute liability which I didn't fill in at the time.

They basically say That we are satisfied that you were driving without insurance and that you were at fault for the accident!!!

 

Anyone got any advice or I'm I done for?

 

Thanx in advance

 

 

Me too, i.ash123 - (I posted earlier in this thread re. accident on private land). I wouldn't sign anything until you get some advice from the very helpful peeps (thanks to them) here in case you drop yourself in it. Can they just doggedly insist '...we are satisfied that you were driving without insurance and that you were at fault for the accident' in spite of our, albeit belated, protests? Like you, there was no opportunity offered to defend self, not in court anyway, though I did write at the time - they're saying they have no record of that letter (I do, it's on my pc and I later sent a copy to Weightmans, their solicitors), just that I phoned them. I haven't received the form you mention and didn't sign anything at the time either. Should this have happened, I wonder? Did the MIB follow the proper procedure - whatever that is? (If anyone knows the correct procedure for definite and would be kind enough to post it I'd be interested to hear it). If they didn't, would this invalidate their claim and entitle you to say, with any authority, 'case dismissed'? I emailed MIB recently, on behalf of my daughter (who's not in the country), and they're saying that though they dealt with me at the time, they can't now because of Data Protection. Fair enough, but having admitted that they did in 2006, I wonder, have they now admitted to 'breaking the rules' and would that invalidate their claim? Like you, i.ash123, this happened in 2006 so I can't use the 'Statute Barred' rule, though Wotsy says they dismissed his case because they admitted they didn't give him chance to defend before they payed out. (Do you mean in court, Wotsy?). In my case it's only for a few hundred pounds and I could just pay it but it's the principle, it was on private land and the other persons fault. We were willing to settle for a private 'knock for knock', as neither car was badly damaged and, certainly, the other car was a wreck anyway. I'd never heard of the MIB - obviously not as savvy as the other b*****d!

[i.ash213]

I can't understand that how they can write off the debt for some and not for others yet the the circumstances are pretty much the same?

 

I did not sign the agreement they sent me in as I was not at that address at the time so therefore did not see it.

 

I asked them this to which they replied that the agreement is just a standard letter they send out and doesnt need my signature!!!! And that they pay the third party regardless.

 

My accident actually happened in 2003 but I wrote to the mib and to interim justitia ( the debt collection company they were using back then) and told them that I cannot afford to pay. Interim justisia then wrote to me saying they have removed my file from the system and that they would be handing the debt back to the mib.

That was the last I heard from both parties until earlier this year.

Edited March 17, 2011 by i.ash213

[Bazooka Boo]

So was it 2003 you last heard anything or was it 2006?

Sorry ignore that I was reading fainthearts post and confused myself!!

 

If the last thing you heard was in 2003, then it is statute barred, there is nothing they can do, you MUST complain to the OFT&TS via http://www.consumerdirect.gov.uk/contact

You r local MP also, http://www.writetothem.com/

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

[vickiejane]

Hi Everyone, i had read all through this thread and i must say it has been a big help Today i too recieved these two letters in the same envolope from MIB and CCM! Stating that i owe almost £4200 from Sept 2004! I have sent an email along the same lines as Wotsy and i will let you know of the outcome. If it proves to be unsucessfull and MIB continue to pursue me i will go down the SB route just one thing confuses me.... Do the stat barred 6 vyears apply from date of accident or the day the MIB paid out?

Thanks in advance

[Bazooka Boo]

If they have stated it is from sept 2004 then there is nothing to worry about, what you should now do, as should every other persona who has been sent these spurious claims that they somehow owe money, is to make the complaints in the right places, the OFT&TS, local MP's and BBC Watchdog, otherwise nothing will get done about this and others may decide to simply cough up money they do not owe.

[i.ash213]

Hi Bazooka,

 

I will explain my circumstances a bit better. I had the accident in 2003, which then the MIB wrote to me in 2004. At this time I was not living at the address, so did not receive the letters.

When I moved back I started receiving letters from Intrum Justisia in 2006 demanding I pay 12000 pounds, to which I responded that I could not afford to pay this, to which they returned the file back to MIB.

Since then I heard nothing until recently where they are demanding the original 12000 plus a extra 6000 in interest.

 

your thoughts....

[vickiejane]

Hi Bazooka, thanks for the advice i will get onto those complaints ASAP!!!

 

Hi Ash, im no expert but i was under the impression that for a debt to become statute barred there has to be no correspondence from you to the creditor within the 6 year time frame. If you have contacted the company in writing within the 6 years then as far as im aware the debt is not statute barred

[i.ash213]

vickiejane,

 

thats what i was thinking, but the fact that they paid the compensation without giving me the chance to defend and not ask me the cicumstances sorrounding the accident?

 

I dont know i think im just gonna have to see how far they are willing to take it, the fact that I have no assets like house, car, ect... they cant really do much. can they?

[Bazooka Boo]

It is in it's last year of life then, if 2006 was the last you heard of it, if indeed it isn't already dead and buried.

 

How did you tell them you couldn't afford to pay them? Via letter or over the phone?

 

If it was over the phone then I would still try the SB route, as they won't have any written evidence of this.

 

TBH I would put this in someone else's lap to deal with, it seems MIB have been quite prolific in passing on SB debts to fools. OFT&TS is your first port of call, then your local MP, BBC Watchdog, and possibly eneter into MIB's formal complaints process.

[i.ash213]

hi bazooka

 

i wrote to them to tell them i couldnt afford to pay, but iam writing another letter of complaint a soon as.!!!

[Bazooka Boo]

Get complaining pronto.

[vickiejane]

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!!! So i replied with this.....................................

" Ms *******, i would be greatfull if you could send me a copy of the report which you claim to have, as i have NEVER spoken with one of your "agents". Also i have never recieved any form of correspondence from the MIB until the recent correspondence referred to in my previous email. Therefore i feel i have not had the chance to defend myself over this matter! I also feel that to leave this issue over 6 years before attempting to make contact whilst all the time this alledged amount owed has been incurring interest! I will be seeking futher advice on this matter from the relevent legal bodies and i will be looking at making compliants to the relevent bodies also. This issue has been handled in a most unprofessional manner!

 

Thank you

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I am complianing to the relevent bodies would you suggest that my best course of action now would be the Statute Debt letter??

 

Thanks x

[vickiejane]

Sorry missed a few words out of my last post..... Here is what i sent back in full....

 

" Ms *******, i would be greatfull if you could send me a copy of the report which you claim to have, as i have NEVER spoken with one of your "agents". Also i have never recieved any form of correspondence from the MIB until the recent correspondence referred to in my previous email. Therefore i feel i have not had the chance to defend myself over this matter! I also feel that to leave this issue over 6 years before attempting to make contact whilst all the time this alledged amount owed has been incurring interestis diabolical! I will be seeking futher advice on this matter from the relevent legal bodies and i will be looking at making compliants to the relevent bodies also. This issue has been handled in a most unprofessional manner!

 

Thank you

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