MIB-Close Credit Management - Claim issued

[faintheart]

Hi Heaver22 - I think all the help you need is in this thread. If your accident was in 2003 and the claim is for Personal Injury, that's Statute Barred after three years. I'm still not entirely clear, though, if that's three years from the date of the incident or from the last communication. Does anyone have a definitive answer to that? Either way, sounds as if someone on that bus is pulling a fast one. Perhaps they were the only one on the bus who'd heard of the MIB. It's amazing how they apparently pay out on these claims willy-nilly, without first, seemingly, doing very much in the way of investigation.

Going by my own experience and from reading this thread, anyone could say they'd been hit by an uninsured, preferably untraceable driver, make a claim to the MIB and get a pay out. As I said before, when I put that to them on the phone they simply had no answer - unbelievable.

[Bazooka Boo]

H22, ignore their puerile ramblings on, defend any notion of this laughable claim, complain to the MIB using their own internal complaints procedure and inform them that you have also made further complaints regarding their somewhat spurious demand to the OFT & TS and other organisations also, there is nothing they can do, get onto your local MP & BBC Watchdog, file the letters and ignore.

[Ganymede]

Hi Heaver22 - I think all the help you need is in this thread. If your accident was in 2003 and the claim is for Personal Injury, that's Statute Barred after three years. I'm still not entirely clear, though, if that's three years from the date of the incident or from the last communication. Does anyone have a definitive answer to that? Either way, sounds as if someone on that bus is pulling a fast one. Perhaps they were the only one on the bus who'd heard of the MIB. It's amazing how they apparently pay out on these claims willy-nilly, without first, seemingly, doing very much in the way of investigation.

Going by my own experience and from reading this thread, anyone could say they'd been hit by an uninsured, preferably untraceable driver, make a claim to the MIB and get a pay out. As I said before, when I put that to them on the phone they simply had no answer - unbelievable.

 

 

 

 

For a PI claim such as an RTA/trip or any other one off accident the limitation period is 3 years and it running from the date of the accident.

 

If it is an uninsured claim with the MIB then the 3 year rule applies, however if it is an untraced claim with the MIB then there is no limitation period.

[Azazal23]

Just to update you all, they have now discontinued the claim.

 

Would advise anyone to fight these claims, for me they are just issueing summons to hopefully catch people out in the hope they dont reply and get an automatic judgement.

 

Anyone need any help...happy to answer questions

[Bazooka Boo]

Good for you! Have you made any complaints to anyone?

[boyfalldown]

double post

Edited April 21, 2011 by boyfalldown

[boyfalldown]

Its bbeen a while since I posted here. Joyfully I recieved a letter form these jokers for an accident in Mar 2006. I've never signed anything from them and I'm sure I'd remember an accident on the M25. Is the best route to initially go down the statue barred line?

 

As well as the advice here I was going to pursue a complaint against Banner Jones via the SRA. A worthwhile idea?

[Bazooka Boo]

Complaints to anyone and everyone will be a very good idea, firstly the MIB themselves, don't stop when they say they have closed their files, exhaust their complaints procedure, then the OFT&TS, your local MP, and BBC Watchdog.

[TheGwentDragon]

Jasper, in the case of the 70+ year old whose insurance was not renewed due to an "error" on the part of SecureHomes. Would he not be entitled to claim against SecureHomes for the fine, increased cost of insurance, loss of repute and stress directly resulting from their error?

[Pete..R]

Please help me.

 

i had a letter from the MIB and Banner Jones regarding an accident i had in 2003, claiming i owed them over £17000 for a compensation claim they'd paid out.

 

the last correspondence i had with the MIB was about 7 years ago when they sent me a letter saying that i wasn't liable for the claim, they'd had a witness statement from my passenger.

 

Firstly, i've sent them a version of Wotsy's email (many thanks), making reference to the above correspondence and finally had a reply.....

 

I do apologise for the delay in returning to you.

 

I have been reviewing the file in detail, trying to locate the letter you refer to whereby we allegedly advised you that the debt had been written off.

 

Unfortunately I have not been able to find this letter and therefore ask you to provide me with a copy, so that I may consider the matter further.

 

In the meantime, I can assure you that this claim is not fraudulent, in fact, we were advised by the police that proceedings were taken against you by the police for driving without insurance and due care and attention.

 

I look forward to hearing from you.

 

Regards,

 

they've made a mistake regarding the description of the letter, which i'll correct in my next email. the letter didn't reference writing off any debt as there was no debt, i had been cleared in the civil claim.

 

now onto my problem, i don't have a copy of this letter. at least i've been unable to find it. because of the timescale, i think it might have been disposed of. in fact i've been unable to find any of the correspondence with the MIB. my search will continue.

 

So what's my next step? do i ask for copies of everything in my file that i am entitled to under the data protection act? do i go straight in with the Statute Barred approach?

 

please help me, i'm not sure what to do next.....

[Bazooka Boo]

Reply to them by stating VERY clearly that you are disputing this claim and due to the age of it you have no reference or documents, therefore it IS legally up to them to prove that you owe this money and NOT up to you to disprove their claims.

 

You have also informed the OFT&TS your Local MP, and the Media (BBC Watchdog) to investigate this matter, you will expect their complaints procedure by return of post and they MUST treat this as stage one of their complaints procedure.

 

Write to them DO NOT speak to them over the phone.

 

And you MUST complain to the following.

 

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Local MP http://www.writetothem.com/

 

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

 

This is quite a prevalent issue, and I can only assume that they are still doing it as others have failed to complain to the relevant people or have dropped their complaint the minute MIB say they will not be pursuing it any further.

 

Either way you ARE safe, they can NOT do anything to you, they certainly can NOT pursue you for this, it is their loss not yours.

[Pete..R]

Many thanks for your quick reply Bazooka. It's a relief to hear.

 

Write to them DO NOT speak to them over the phone.

 

I take it replying to them by email is ok??

 

Also I've never had to deal with anything like this before so don't be surprised if I keep asking for help with this.

[Bazooka Boo]

Yes Emails are a perfectly legal form of correspondence, just ensure you keep copies of everything you send, also they may want you to correspond in writing, if so, you should, just state in your first email, that you will ONLY deal with this matter in writing or via email, and NEVER over the phone.

 

Whenever you need any help, then just pop back and ask, others are only too glad to be able to advise you....

[Pete..R]

Thanks, I'll get something drafted up in the week.

[Jsun]

Hello all you freedom loving beautiful people!!

 

Ive been targeted by the MIB also for a now 4 year old accident. The MIB are not using the CCM though. Just a standard solicitors instead.

 

I had my accident in July 2007. It was in the middle of a junction and liability was disputed from both parties. The claim (PI and damage to property) was lodged in that bulk center place in 2010 sometime, but I do not know when (So it might be SB, might not). Anyway, I received a CCJ against me in August 2010, because these bozo's (MIB and their solicitors) have been writing to me at my old address. So to them, and I guess to the judge, it looks as if I was just ignoring the court claim thing, however I can prove that I did not live at the addresses they were trying to contact me at.

 

I only found out about the CCJ after I tried to move house again and the estate agent politely told me to go elsewhere as I had a CCJ for 10k. I nearly died in that estate agents. I forgot to breath for a while.

 

So I went to court (the claim got transferred to a local court to me) and filled out an N244 (set aside form), but signed it like an ass, therefor giving the court/judge jurisdiction over me, right? Anyway, the judge kindly gave me a hearing date ( to see if he'd set it aside), but then wrote back to me about 2 weeks later saying 'After receiving a letter from the claimant, the case is adjourned, but with liberty to restore.'

 

I thought great, they've realised the error they've made. But oh no. The CCJ still stands. No new flat for me then.

 

The MIB solicitors have since written to me at my new address, but I have not replied as I do not want to reinstate the 3 or 6 year thingymajig, and they have included paperwork ie a medical report which CLEARLY STATES that the doctor didnt know who it was he was examining, as NO ID WAS GIVEN AND NO PREVIOUS MEDICAL HISTORY BROUGHT UP. Does this not prove that ANYBODY could have been pretending to the doctor to have whiplash? There were also papers showing me the conversations they had with the hired private detective they paid to find me. He states that he could not find me and that I AM A SELF EMPLOYED METAL SHAPER, which I am not nor have NEVER been. There were no papers supporing this wild claim, however it seems as if this was said to prove to the judge that I have untraceable moneys. Anyway, the detective returned the 'order' to them. Dunno what the order was. There are also copies of the letters they claim to have sent to my old addresses, obviously with no replies.

 

If the MIB/their solicitors have a case, why would they adjourn but want to re-open the case at a later date? And why do I keep receiving anonymous text messages on my mobile phone saying I could win up to $3500 for my accident (sorry for the dollar sign, USA laptop)? I have no idea who has my number or how they got it, I didnt give it to the court...

 

Either way, I wrote back to the Judge explaining I have no idea who these people are, or why they are demanding such a large sum of money from me. I haven't heard anything back.

 

Do I now take it to my MP/Consumer Direct etc like the many brilliant above posts state? All help needed AND necessary, there are no stupid answers!!

 

Thanks all.

[Ganymede]

Hello all you freedom loving beautiful people!!

 

Ive been targeted by the MIB also for a now 4 year old accident. The MIB are not using the CCM though. Just a standard solicitors instead.

 

I had my accident in July 2007. It was in the middle of a junction and liability was disputed from both parties. The claim (PI and damage to property) was lodged in that bulk center place in 2010 sometime, but I do not know when (So it might be SB, might not). Anyway, I received a CCJ against me in August 2010, because these bozo's (MIB and their solicitors) have been writing to me at my old address. So to them, and I guess to the judge, it looks as if I was just ignoring the court claim thing, however I can prove that I did not live at the addresses they were trying to contact me at.

 

I only found out about the CCJ after I tried to move house again and the estate agent politely told me to go elsewhere as I had a CCJ for 10k. I nearly died in that estate agents. I forgot to breath for a while.

 

So I went to court (the claim got transferred to a local court to me) and filled out an N244 (set aside form), but signed it like an ass, therefor giving the court/judge jurisdiction over me, right? Anyway, the judge kindly gave me a hearing date ( to see if he'd set it aside), but then wrote back to me about 2 weeks later saying 'After receiving a letter from the claimant, the case is adjourned, but with liberty to restore.'

 

I thought great, they've realised the error they've made. But oh no. The CCJ still stands. No new flat for me then.

 

The MIB solicitors have since written to me at my new address, but I have not replied as I do not want to reinstate the 3 or 6 year thingymajig, and they have included paperwork ie a medical report which CLEARLY STATES that the doctor didnt know who it was he was examining, as NO ID WAS GIVEN AND NO PREVIOUS MEDICAL HISTORY BROUGHT UP. Does this not prove that ANYBODY could have been pretending to the doctor to have whiplash? There were also papers showing me the conversations they had with the hired private detective they paid to find me. He states that he could not find me and that I AM A SELF EMPLOYED METAL SHAPER, which I am not nor have NEVER been. There were no papers supporing this wild claim, however it seems as if this was said to prove to the judge that I have untraceable moneys. Anyway, the detective returned the 'order' to them. Dunno what the order was. There are also copies of the letters they claim to have sent to my old addresses, obviously with no replies.

 

If the MIB/their solicitors have a case, why would they adjourn but want to re-open the case at a later date? And why do I keep receiving anonymous text messages on my mobile phone saying I could win up to $3500 for my accident (sorry for the dollar sign, USA laptop)? I have no idea who has my number or how they got it, I didnt give it to the court...

 

Either way, I wrote back to the Judge explaining I have no idea who these people are, or why they are demanding such a large sum of money from me. I haven't heard anything back.

 

Do I now take it to my MP/Consumer Direct etc like the many brilliant above posts state? All help needed AND necessary, there are no stupid answers!!

 

Thanks all.

 

 

Ok so you're not denying being involved in an accident but why ate the MIB involved? Did you fail to stop or were you driving without insurance?

 

You need to know the exact date that the claim was issued at Court. This will tell you if the debt is statute barred. You have 3 years from the date of the accident to issue for personal injury or 6 years for the other losses.

 

I don't understand what you mean about having signed the N244 and the Court now having jurisdiction over you - they have that regardless.

[Jsun]

Yes I was involved in an accident, I have no clue if I was insured or not. I guess not if the MIB are involved.

 

However they did just settle the guys claim without allowing me to go to court to defend myself. They paid out and are now chasing me for the debt.

 

Either way, only the injury claim MIGHT be SB, the damage claim still stands I guess. Unless I ignore the solicitors for another 2 years and then it'll all be SB. Me win.

 

Regarding the 'jurisdiction' of the privately owned companies called the 'courts' - if im allowed to post links directing you all to the relevant info online, I will.

[BRIGADIER2JCS]

Have had point added to your licence for any offence at that time, were the police in attendance at the accident,

they would have checked for valid insurance 0r isssued a 7 day notice to produce documents at a police station,

you really need to confirm what the status of your insurance was.

[Jsun]

Thanks Brigadier, Ganymede....

 

Brigs:

 

1 - No points added for any offense at THAT time, however I have since had points added for driving with no insurance (driving my mums car).

2 - The police were in attendance of the accident, I guess they didnt check the status of my insurance because I gave them everything they needed to know. Also didnt ask me to produce in 7 days. Just let me go on my merry way.

3 - Although I cant remember, I am working under the impression that I wasn't insured.

 

I am also not sure if the claimant is the MIB, or the solicitors they are using ie im not sure if these solicitors bought the debt off MIB.

 

Does the fact that this claim was started in Northampton Bulk Center not mean anything as in its a piece of s#it of a claim?

[BRIGADIER2JCS]

They often are as claims will get through the bulk system with ridiculously poor particulars of claim.

I thin you may have to make a subject access request under the data protection act find out what detail the claimant hold on you.

[Jsun]

Well very very very recently the solicitors have sent me what I assume is their 'evidence' against me - medical report, letters from the MIB to other solicitors saying that the accident is not in dispute etc, although I was never contacted by them and have never admitted liability.

 

Is this where I ask them why they have become judge and jury in my absence? I mean I was only absent as they were sending all this correspondence to my provable old address?

 

And will they not just waste my time and resubmit to me what they have already sent to me in this 'evidence' pack?

[Bazooka Boo]

This is ridiculous, how long have you been driving? How many years no claims bonus have you got? Or how many claims have you made?

To say that you have no idea whether you were insured at the time or not, is not going to wash with the MIB or the courts, ignorance is no defence. You WILL know if you were or weren't insured at the time.

[Jsun]

@Bazooka - I've already said I was uninsured pal. I have no NCB and Ive been driving (not consistently, just more 'had my license') since maybe 2004/2005

 

At the time of the accident I was facing homelessness, battling depression, and constantly moving from one hostel to another. NONE of this I intend on using as a defence to MIB or the courts. But thats what was important in my mind at the time, not worrying about policies etc. But thanks for your comments anyway.

 

My defense is

the claim is possibly SB (I know I need to find out when the claim was placed),

the police attended the scene and didnt arrest me for driving with no insurance (arrestable as its a criminal offence right?) ,

I have proof that I was never untraceable and that the MIB and the solicitors were sending letters to my old address,

I was never given the chance to defend myself in court before the claim was paid out to the other guy by MIB,

and so on and so forth.

 

Im only looking for help here Bazooka.

[Bazooka Boo]

OK now I understand.

 

Yes certainly you would have been summonsed to court for the offence of no insurance at the time, so if you weren't then don't let that cloud the issue here.

 

You should enter into their own complaints procedure, and also inform the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948 Give them a ring and they will automatically pass your compliant onto the OFT&TS who sit along side them.

 

Then inform the media http://www.bbc.co.uk/watchdog/gotastory/ As this is becoming quite a prolific problem for a lot of people up and down the country.

 

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

[Ganymede]

Thanks Brigadier, Ganymede....

 

Brigs:

 

1 - No points added for any offense at THAT time, however I have since had points added for driving with no insurance (driving my mums car).

2 - The police were in attendance of the accident, I guess they didnt check the status of my insurance because I gave them everything they needed to know. Also didnt ask me to produce in 7 days. Just let me go on my merry way.

3 - Although I cant remember, I am working under the impression that I wasn't insured.

 

I am also not sure if the claimant is the MIB, or the solicitors they are using ie im not sure if these solicitors bought the debt off MIB.

 

Does the fact that this claim was started in Northampton Bulk Center not mean anything as in its a piece of s#it of a claim?

 

 

 

Do you have a copy of the Claim Form as this will ahve the issue date on. If not call the Court to get it.