Jump to content



  • Tweets

  • Posts

    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
    • Hi. this is a long one, please forgive me.   I had extensive works on my home in Oct 2018 which included a loft dormer.  pursued builder for some snagging issues but nothing major (windows sticking, grouting racks and plaster cracks etc.) to no avail, builder gave me lots of excuses, illness, family issues which I was sympathetic to.  All of which came to heads in Oct 2019 when the dormer roof began to leak very suddenly and severely.  He came back to 'rectify' it a few weeks later and either ignored a lot of the other things or did them very poorly. the roof began to leak again May 2020  with damp patched appearing and then building up to an active drip in October 2020.  I tried contacting the builder which was ignored and instead I contacted my insurance/CAB and tried to gather evidence and quotes to rectify which was difficult given the pandemic.  My insurance has since said they wont help under my legal cover (this is with the FOS) and so I'm trying to resolve this by myself.  I contacted the builder with all the evidence in November 2020, he said he would put a claim into his insurance.  I asked for the details, timescale to be expected and asked him to arrange a temporary roof to mitigate his losses as well as reduce further damage to my home, he ignored these requests and  seems to have blocked my calls, only contacting me by text to say 'no news from inrsurers, they will contact you in due course.'   He is not a limited company, that apparently matters.  I have since sent him this letter, it is a huge amount of money, I've asked for full refund of the works, but in actual fact I'm aware that if he engages, he will likely barter with me to get me down, I know that and only hope that if we can agree on something, it is the cost of rectification as well as temporary accomodation whilst the roof is being replaced.    Do you think I can do this on my own?   Dear ___________, I have discovered the following problems with the work you have done for me:  ·         The roof of the dormer/loft room is leaking again, despite your attempt to fix this in October 2019, causing water to trickle into the ensuite shower room as well as the bedroom through the ceiling light, window and door fixtures.  Following heavy rain, the leaks are bad enough to fill buckets and there is water running down walls around the windows and also soaking into the wooden structure causing water marks in various areas of the loft room, loft landing and downstairs rooms. ·         The water ingress has affected the electrics in the house and has caused them to trip several times.  There are several double sockets in the bedroom which cannot be used due to watermarks around them, meaning there are more extension plugs being used which is not only inconvenient but higher risk. ·         The tiling in the bathroom was an inadequate job: the floor is uneven and the tiles have become loose there, again, despite your attempt to rectify in October 2019.  The tiles behind the shower are bulging, indicating there is water behind them.  The grouting has gaps and hairline cracks all over it which you were supposed to fix in October 2019 but did not. ·         The resealing of the shower in October 2019 was a very messy and uneven job, you did not even match the colour silicone, nor did you use an anti-mould silicone.  The shower continues to leak. ·         The shower does not drain properly, you ‘wet vacuumed’ this in October 2019 and this did not make a difference.  There is not a big enough fall on the drainage system, something I asked you about at the time of installation and which you dismissed. ·         The joints on the plasterboard under the plaster are showing, as is the edging to the window frames, which means the plaster is bubbling and bulging indicating water ingress. ·         The windows in both the ensuite and the bedroom stick and do not open or close properly, nor do the locks work.  You used WD40 or similar in October 2019 to try to rectify this, but it is still an issue.  The windows have not been installed correctly.  ·         There is a crack from the window frame in the bedroom to the floor where the window has been poorly installed. ·         During the original work you completed in 2018, your workers fell through the bedroom below ceiling 3 times and failed to waterproof the house adequately when there was no roof during the building works.   This resulted in a great deal of water ingress in the bedroom below causing the existing plaster to delaminate and blow on the walls.  I have since had to have this whole room re-plastered at a cost of much more than the £300 you permitted me to retain.  ·         The back porch which was leaking:  you undertook and charged me to seal this off and make the room watertight.  The waterproof sealant you used washed off and you recoated in October 2019.  This is leaking again.  The board you used to overboard the old back door is not sealed correctly and is letting in water, causing the boards to swell.  I have tried to resolve this myself but have been unable to and therefore need this to be done by a professional. ·         The back double patio doors have not been sealed correctly at the sides, this lets water in to the plaster about 2 foot off the ground when the weather is stormy. ·         The patio doors do not seal at the bottom and again, let water in at the bottom of the doors.  They also allow a draft in and hot air out which make the house less energy efficient. The patio doors do not close or lock properly, especially in summer. Despite you attempting to rectify this in October 2019, this has not resolved the issues with the doors.  They are not level, do not close properly and are not water or airtight. I have given you several opportunities to rectify these issues and you either did not attempt to or the attempts you made failed to resolve them.  As I have given you opportunities to rectify this work already, I do not wish for you to attempt again The Consumer Rights Act 2015 says that reasonable care and skill must be used while working.  In my opinion, you did not use reasonable care and skill when you carried out the work on my home and you have broken your contract with me.   I am therefore seeking a full refund on the works you carried out on my home in 2018. I ask that you pay me the sum of £46,000 so that I can have your mistakes rectified. You have informed me that you have submitted a claim to your insurance company, from whom I have not heard.  I have tried to contact you for more information about this and the timescales involved and have given you ample time to contact and address my concerns as well as to try to agree on a temporary resolution which might have mitigated your losses.   However, you have either ignored my communications completely or have responded by saying that there has been no news from your insurers.  At no time have you provided me with more detailed answers to my queries. The liability for work carried out lies with you and not your insurer and I feel I have been very understanding and patient on these matters over the last two years.   However, it is over 2 years on from the original works and I wish to have the habitable space I paid you for. You admitted your error whilst on a telephone call with me on 26/11/20 citing that you used the wrong type tape for the roof and you have never disputed error on the other matters, therefore I hope this situation can be resolved with ease and rapidity that will prevent further damage to my home. Please contact me as soon as possible, and no later than 10 days from the date on this letter, i.e. no later than 26th January 2021, to agree a date by which I can expect the requested payment. If I do not hear back from you in the time suggested above, I will be instructing my solicitor to pursue this claim.  Should you be a member of a dispute resolution scheme, I am willing to consider this as a means of mediation.   yours sincerely,    ___________________     Any advice on what to do should he ignore this letter or refuse to engage is very much welcome, I cant afford to mess this up again (the first mess up being choosing this individual for the works in the first place). 
    • As pointed out your issue is with Sweatband and the warranty is irrelevant but I am fascinated by exactly what this added term says.  Is it only the garage which is a problem or any outbuilding?  If you put up a shed and call it a garden room or home gym is that ok?  If your garage has been converted into a home gym is it still a garage?  Just pointing out how utterly ridiculous such a term is.  Definitely use social media to point this out to as many as possible.
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

MIB-Close Credit Management - Claim issued


Please note that this topic has not had any new posts for the last 2673 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hope this post is in the right place.

 

First the outline facts (as brief as I reasonably can):

In Sept 2001 I had a head-on vehicle bump in a narrow lane (2 cars can't pass), no witnesses, a bit light frontal damage to both cars. My contention was that she ran into me, but in such a lane there isn't really an argument anyway.

 

I duly reported to my insurer to be told, to my astonishment, that insurance lapsed 2 days ago. They argued that they sent a renewal notice, but I never received it. I asked where was the reminder then, but they responded that they do not send reminders. (crap eh? As well you might imagine, this was a long conversation, but lets move on)

 

Cut long story, the other party fabricated a claim through a shyster claim lawyer and well known "claims" doctor, on medical grounds. (medical my arse)

 

It ended up with Motor Insurers Bureau. Their investigator interviewed me in Feb 2002 and left it more or less indicating to leave it with him, he can see the picture and they will conclude it accordingly. That was nearly 9 years ago.

 

That was the last I ever heard of it, until today.

 

Got a demand from scare-monkeys Close Credit Management (somewhat notorious nasties) wanting over £9000 payment for compensation.

 

You can see their demand letter HERE

 

and the MIB "Assignment" letter HERE

 

 

There is no 'debt' as such and no demand has ever been made before this, and not even any correspondence in almost 9 years.

 

Please advise best actions at this stage.

NB What do you think of the line from Close Credit Management which states ". . .7 days . . . County Court proceedings will be issued against you . . . "

 

If its a bluff that sure contravenes the OFT guidance.

Link to post
Share on other sites
  • Replies 324
  • Created
  • Last Reply

Top Posters In This Topic

Unbelievable!!! Not covered by any knowledge that I have, but, perhaps a SARS request may be the way to go first? Hopefully others will be along to help.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

Interesting one this... the statute of limitation states that

 

Limitation periods commence at the time the cause of action accrues to the claimant. Time runs from the earliest time that legal proceedings could have been brought. So, every fact required to commence an action must be in existence before the limitation period commences to run.

 

So are we thinking that the start of the limitation period is from the accident or when the bureau paid out the money and hence created the debt?

 

I would be inclined to send the stat barred debt back and see what they respond with.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Found this on a solicitors website in regards road traffic accident claims:-

 

Time Limits

 

A person usually only has 3 years from the date of their accident to issue Court Proceedings. Therefore if Court Proceedings are not issued within 3 years of the date of the accident you would usually be unable to pursue your claim further as it would be out of time and statute barred. The Courts can however waive this 3-year time limit if it can be shown that there was a valid reason why you did not pursue the claim sooner.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

Another side of me wonders, 'how long would it be reasonable to leave an (alleged) debt accruing interest before information is passed to the (alleged) debtor?" 10 years, 20 years, 30 years??

No case has ever been raised against me and I have never had an opportunity to contest their spurious claim that I was in any way negligent in my driving, so what supports that allegation, made in the absence of any witnesses?

 

Could it be simply that MIB has had a clear-out of old rubbish and these vultures have combed through it all for potential victims to bully?

Link to post
Share on other sites

Read your CAG yesterday and have had the same correspondence from the same people. After contacting CAB and the National Debt Line we have come to the conclusion MIB have sold on these statute barred debts hoping some percentage will pay. On the NDL website there is a covering letter to send to the CCM which should shake them off. Also it is advised don't phone them. Further advice and to let them know them know the extent of the problem phone National Debt Line 0808 808 4000

Link to post
Share on other sites

Many thanks for that information, thanks for passing it on.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

Well well well, Close call mismanagement deal with what they term 'aged' debts, I'm inclined to coin the phrase 'statute barred' debts!

 

I needed to use the MIB a number of years ago, after my car was rammed by an uninsured driver who had just committed an armed robbery in Derby and was being chased by the rozzers..who he subsequently reversed into as well!!! Any way, they would only pay me 50% of my claim for the damage to the car, way before all these where there's blame companies sprouted up!

 

I did use their complaints procedure to good effect, so that would be my first advice, ignore their incompetent choice of an inept DCA who has nothing to say and is saying it too loudly, we'll deal with them later.

 

MIB complaints should first go to their own customer services manager to deal with,

Write to:

Customer Service Manager

Motor Insurers' Bureau

Linford Wood House

6-12 Capital Drive

Milton Keynes

MK14 6XT

 

Or email the Customer Service Manager at feedback@mib.org.uk.

 

 

And when they fail to deal with your complaint effectively, you now have the chance to write to the Minister for Transport to investigate,

Write to:

Minister for Transport

Department for Transport

Licensing, Roadworthiness & Insurance Division

Great Minster House

76 Marsham Street

London

SW1P 4DR

If you go to their website, you can leave them feedback!!

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

 

 

Now then, that brings us to these fools!Quite who they think they are talking at is not clear, maybe they believe you have only just left school and still require to be spoken at like a 5 year old, send a copy of that letter to their membership organisation the CSA http://www.csaconsumers-uk.com/page/i-have-a-complaint

 

That second paragraph attempting to chastise you and show you the error of your ways, has clearly been left to some spotty ex burger flipper who has just been given a desk a script a telephone, and new box of crayons! If this is how they conduct their business, then you will get much more sense from a breeze block than these uneducated fools.!

You could also forward a copy of that letter to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

I am sending a "stat barred" letter but, since the circumstances are a little different in my case, I have modified your standard letter.

Please see as follows and please advise on any suggestions or improvements I ought to make before sending.

Dear Sir/Madam

Administration of Justice Act 1970

You have contacted me regarding with the above reference number, in which you state a claim is owed.

 

I do not acknowledge this alleged matter as no correspondence with regard to any such claim has ever been issued to me by the MIB.

 

I would point out that under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that:

“It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

This relates to a claim which was made over six years ago and no further acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

 

Thanks again for your help

Link to post
Share on other sites

This has now got serious - very serious.

Just received County Court claim for £9500 issued by MIB, (not the D.C.A.)

 

What gets me is that something lying dormant for 9 years can be raised for instant payment with absolutely no precedent through all that time.

I have never been given the opportunity to contest the facts.

Even the MIB guy back in Feb 2002 commented that my insurers had acted unreasonably and that had I continued insurance with them, even after the event, they would have been duty-bound to cover this.

I KNOW the claim was fraudulent in that no injuries were sustained by the other party, a local girl, who we saw swanning around for days after, perfectly ok. Then the "claim", no doubt whiplash, only materialised some time later after she visited a notorious "claims" lawyer.

 

I really don't know how best to contest this now.

Link to post
Share on other sites

What are the PoC?

How was this delivered?

Plenty of others will be here later to give you better advice regarding this, you have a while to acknowledge the claim and whether you are going to defend it, which I don't see why you shouldn't?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

This is just unbelievable, as I said previously, I really hope someone can give you loads of help on this.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

You might want to have a look here

 

Why do you need the permission of the uninsured motorist to deal with my claim?

Even uninsured motorists have the right in law to deal with their own affairs, and the agreement does not permit us to ignore their rights. However, if the uninsured motorist does not co-operate, we will tell you what options appear to be available to progress your claim.

 

It seems to me if you have never heard of these people before, then they didn't do what they were supposed to do - namely get your permission or involve you at any stage of their "investigation" I cannot see how they can bring a case where there is no agreement, or conviction to support their POC.

 

I think you really need to take some legal advice on this one, do a bit of googling and it looks as if they are part of the Dept of Transport and they believe that the SB regs don't apply to them.

Edited by spamheed

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites
This is just unbelievable, as I said previously, I really hope someone can give you loads of help on this.

 

As previously stated I have also received correspondence from M.I.B and Closed Credit and after various bits of advice I sent C.C. a letter drafted by the National Debt Help-line. We sent the letter christmas week. Today i have received a county court letter, with additional charges, £190 court fees and solicitors fees of £100. I rang back the National debt line straight away who said that if we defended the case we could accrue further costs if we do not win the case. The court will decide if we should pay or not at the end of the day. We are going to defend our case based on the limitations act and hope that the statued barred with cover us. We have had no written correspondence, no county court judgments and no request for any payment since April 2004.

Have you contacted the debt collectors directly, have you had any advise stating statued barred!? Nice time of year for it....!

 

Oh and on the national debt line site they have a fact sheet that you may or may not have read with advice on how to deal with this problem. Called Applying to a county court judgement.....

 

National debt line advised me get some legal advice. They recommended the community legal advise. on 0845 3454345. You will need to go through an assessment to see if you qualify for free legal advise.

 

Keep us informed any info much welcomed....

Link to post
Share on other sites

Ooh Look what I found!!!!:whoo:

Making a claim for compensation for personal injury involves compliance with the Limitation Act 1980. Legal proceedings must be issued in a court of law within a set period of time subsequent to an injury failing which the opportunity to claim compensation may be lost forever. The time limit is generally set at three years following the instance of negligence, although that term may in some circumstances be extended. There are exceptions to the standard three year limit under The Limitation Act 1980 :-

 

  • In circumstances where the individual incurring the injury suffers from mental disability, the limit period only starts when full mental capacity has returned and in situations where mental disability is ongoing, damages can be pursued at any future time. Not Applicable?
  • When the person sustaining the injury was under 18 at the time of the accident, the three year period only starts to run on their 18th birthday. Not applicable? If the three year period then expires and they still have not issued proceedings that person will have lost the opportunity to claim, unless they also suffer from mental disability.
  • Under the Limitation Act 1980 the courts have a discretion to extend the time limits, although the occasions on which they do so are rare. If you think the Limitation Act 1980 has invalidated a potential claim you should obtain expert legal advice as soon as possible.

http://www.mugomilk.co.uk/limitation.htm

 

I really do hope this is correct, as it does seem ridiculously unfair, plus it's one over on them and two fingers up to her!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

For now, I'm going to return the claim as 'defended' and send an SAR to MIB to see what they are basing it on and event timings.

I'm feeling the need for a legal bod to act here as it seems quite a big-un. If so, the question arises, do I need a specialist and what type, would that be motoring or debt or ??? . . . and where might I find such.

 

The situation here is a little different. The "claim" was made in good time under the act, quite soon after the event. The time lag following is when MIB then chose to recoup their loses on the payout they have presumably made.

 

Interestingly, when this happened, my car was perfectly driveable, split a couple of fixing lugs off the bumper. Her car was not driveable - reason: the engine had lurched into the radiator. What does that say about our relative speeds at point of impact? It is still my contention that she ran into me. (FWIW her tearaway driving was well known in the village anyway - she was 18ish)

 

Does anyone remember the 'good old days' when a minor bump on a single track lane would always be settled on a knock-for-knock basis by insurers, as no other conclusion could be reached?

Of course, in those days, ClaimsVultures4U were not plying their mucky trade.

Edited by analyst
Further thoughts
Link to post
Share on other sites

You've misread it, or I have the wrong end of the stick?

What that is saying is that the 'claim' needs to be issued and heard in a court within three years, if it isn't, as is your case, then under the limitation act they are out of time.

Or am I getting this wrong?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

This is how I see it. The claim was made, by the solicitor, to the MIB in the absence of a valid insurer.

The MIB then dealt with the claim, but I was never informed how or when or the final outcome.

I heard (from an external source) that it was originally rejected by the MIB but they appealed.

The MIB are now in the process of recouping their payments and costs in settlement of that claim.

Link to post
Share on other sites

I got the first 2 letters on the same day as you (the analyst) and the court letter on the same day as you!! COINCEDENCE? Had you sent anything relating to "statute barred" to C.C.M.

As it stands I have sent the "acknowledgment of service" slip to the court and emailed M.I.B. requesting all information on the case such as timescales. Today I am going seek legal advice.

Let us share anything we come up with

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...