MIB-Close Credit Management - Claim issued

[bo54col]

Thanks Jasper1965,

 

If they dont reply, what next ?

[Bazooka Boo]

Complain to EVERYONE! NOW!

 

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

 

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

 

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

 

And the MIB.

[Simone2011]

Dear All,

 

Sorry to add to the plethora of messages here, but I am also in a dilemma regarding MIB & CCM. I've read through thread from start to finish. Basically,received the 2 letters in one envelope asking for over 33K and a recent more 'softer' 2nd letter from CCM asking me to contact them ' they have professional people to help, there's no shame.. blah blah"

I had an accident with pedestrian in 2002. I wasn't insured. The man claimed PI and I was contacted by his solicitors. I just recovered an old email from June 2005 (3 months after the 3 yr deadline, although it's possible they communicated earlier). In this email I say that I was thinking of accepting liability and settling Was young, so confused and scared out of my wit! Found reply saying Thank you but pls confirm agreement to settle in full. To my recollection, I don't believe I did that. I recall someone coming from MIB possibly 2005 or 06 and me stating catergorically I didn't accept full liability etc. And yes like someone mentioned before in this thread (they do get you to sign paper). I can't recall what exactly was concluded or signed. In any case, I haven't heard from this up until June 2011. Like many people, I no longer have the paperwork and remember shredding everything last year as I was moving after 13 years!

 

I've sent the SB letter to CCM and Wotsy's email to MIB. Still awaiting a reply. Can any experts offer any advice? I was feeling quite sure about the SB thing until I came across this email from 2005 where I feel like I hung myself !! Any constructive advice would me much appreciated.

 

Thank you

[BRIGADIER2JCS]

I take it the police were involved at the time of the accident, was there any court action taken

against you?

Reading your post the apart from the original contact, and the current

contact the last communication was 2005 can you recall when?

I am going to bump you thread to get you more advice.

 

BUMP

[Jasper1965]

@Simone 2011

 

the limitation period for personal injuries is three years so if last writen comms from yourself was in 2005 this is well and truly out of time.

tell them you have your own professional people to help you and they've advised you to tell the MIB and any lowlife DCA employed by them to "Do one as it's statute barred!"

[Jasper1965]

Simone 2011

 

the limitation period for personal injuries is three years so if last writen comms from yourself was in 2005 this is well and truly out of time.

tell them you have your own professional people to help you and they've advised you to tell the MIB and any lowlife DCA employed by them to "Do one as it's statute barred!"

[Simone2011]

Thanks for your response Brigadier2Jcs.

 

Yes the police were involved & all charges were dropped as there was insufficient evidence. I feel so embarrassed to say this but honesty is important here; I stopped & got out car but then panicked & drove off I did however go into a station an hour later and was arrested and re-bailed after a number of months of turning up to the station. I wasn't asked to produce at the time and all charges were dropped. I then got a court summons for failing to stop, points & fine.

 

MIB visited my home in Spring 04 to get a statement & possibly got me to sign something (can't recall). Very last correspondence from what I can see is from the solicitors acting on man's behalf was approx June 05 asking me to"confirm agreement for them to conclude claimant's claim in full" as I had suggested that I might do so in May 05. I can't recall any further correspondence from either the claimant's solicitors or MIB after that period.

[Simone2011]

Simone 2011

 

the limitation period for personal injuries is three years so if last writen comms from yourself was in 2005 this is well and truly out of time.

tell them you have your own professional people to help you and they've advised you to tell the MIB and any lowlife DCA employed by them to "Do one as it's statute barred!"

 

Hi Jasper1965

 

Can you clarify a few points please? It seems like they (claimant's solicitors) did get in there before the 3 yr period as accident was Mar 02. Last correspondence from solicitors is June 05 but MIB was already involved and had conducted a home visit in 2004. CCM (acting on behalf on MIB) sent their first "You owe us money" letter late May 2011. I'm assuming they have made contact within the 6 years so no SB, or am I barking up the wrong tree here?

 

Sorry just a little confused.

 

Kind regards

[Jasper1965]

That's not how it works, them making contact with you counts for nothing it has to be you making contact with them and it has to be either in writing and signed by you or acknowledgment by part payment.

So when was the last time you acknowledged any liability to the MIB in writing?

[Simone2011]

That's not how it works, them making contact with you counts for nothing it has to be you making contact with them and it has to be either in writing and signed by you or acknowledgment by part payment.

So when was the last time you acknowledged any liability to the MIB in writing?

 

Hi Jasper,

Thanks for your quick response as the thread doesn't seem as busy as it was before. OK, I understand your point above. In response, there definitely wasn't any acknowledgement by payment of any sort. Possible last acknowledgement of liability (or part liability) via MIB may have been May 2005, but without any copies of letters it's hard to be precise. I would say no later than May/June 2005. The actual MIB home visit took place in 2004 and the claimant's solicitors were still trying to persuade me to accept full liability up to June 2005.

 

So is my concern with the 6 yr or 3 yr limitation?

[BRIGADIER2JCS]

6 years limitation on debt 3 years on the injury claim.

[Jadimba]

Hi just an update from me, a neighbour from of my mums received a letter end of april and then 1 mid may, ive just sat on it to see if they would send more or locate me at my address but 7 weeks gone by and absolutely nothing has happened, no letters at all nothing, scare monkeys. jasper1965 could you have a quick look through my situation please its near the bottom of page 12 and let me know what you think thanks alot.

[Bazooka Boo]

Jadimba, seriously you have nothing to worry about, they DO know where you live, they have your details on record, as you currently have car insurance, are on the voters roll, and live at the same address.

 

If they were anything to be worried about whatsoever, then they would have ensured they have the correct address, again tell the neighbour to simply return the envelopes in the post marked "RTS NOT KNOWN AT THIS ADDRESS", there is nothing more that you can do, if they actually do send you a letter purporting that you owe this money, then you will have solid grounds to not only tell them where to get off, but to also report them and complain to everyone including your MP and the media.

[Simone2011]

Hi Jasper,

 

I was wondering if you could further advise me. CCM has chosen not to respond to or acknowledge my SB letter and request for them to provide all documentation under the Subject Rights Access. Instead, they have sent their standard "Final Settlement Offer" letter. I posted and faxed the SB letter to them well over 2 weeks ago. MIB also haven't responded to email (Wotsy's amended); that's been over a month. Is there another angle by which I could approach this before they send a summons to court? My ill health could not cope with that pressure.

 

Kind regards

[Simone2011]

6 years limitation on debt 3 years on the injury claim.

 

sorry Brigadier,

 

but didn't understand your last response. I wanted to understand where does my particular case fall?

[BRIGADIER2JCS]

How long ago did you send the subject access request and has the £10.00 fee been cashed

The SAR should have gone to MIB

They have

(40) days to reply.

 

 

 

 

 

Brig.

Edited July 14, 2011 by BRIGADIER2JCS

[BRIGADIER2JCS]

sorry Brigadier,

 

but didn't understand your last response. I wanted to understand where does my particular case fall?

 

That's the

STATUTE OF LIMITATIONS ACT time after which a claim cannot be made in court.

[Simone2011]

How long ago did you send the subject access request and has the £10.00 fee been cashed

The SAR should have gone to the original creditor, they have fourty (40) days to reply.

CCA to CCM.

 

Brig.

 

wow that was quick. Thanks

 

Ok, I put the Subject Access Request in with the standard SB letter!! So should I send them another one? I imagine I need to send them £10 postal order. Do I send to CCM or MIB?

[Simone2011]

Hi Brig,

 

I see. The original creditor being MIB. I think I have a SAR template from Debtline so I'll go ahead and type that up. Thanks Mr Brig!

[BRIGADIER2JCS]

Your welcome, confusing ain't it:madgrin:

[Simone2011]

Your welcome, confusing ain't it:madgrin:

 

 

Indeed so. I've just spoken to National Debtline, they've advised me to sit tight and wait for them to prove that it's not SB barred! They also advised that I didn't need to send the SAR letter to MIB as it was up to the DCA to supply that and prove otherwise. There's a question mark here because of the PI element and whether a judge may rule it 'equitable' to pursue a time barred debt. Point is, I've indicated it's SB and asked for documentation; they haven't responded or acknowledged. Also they're offering me a full & final settlement offer - does that mean they know it's possibly SB?

[BRIGADIER2JCS]

Indeed so. I've just spoken to National Debtline, they've advised me to sit tight and wait for them to prove that it's not SB barred! They also advised that I didn't need to send the SAR letter to MIB as it was up to the DCA to supply that and prove otherwise. There's a question mark here because of the PI element and whether a judge may rule it 'equitable' to pursue a time barred debt. Point is, I've indicated it's SB and asked for documentation; they haven't responded or acknowledged. Also they're offering me a full & final settlement offer - does that mean they know it's possibly SB?

 

I can' t say I agree with what you have been told at all,it is generally pointless to send a SAR to a DCA as they do not hold the data

you require, have you already sent a SAR to CCM or not?

 

I think judge would leave him or her self open to appeal on equitable to pursue.

[Simone2011]

I can' t say I agree with what you have been told at all,it is generally pointless to send a SAR to a DCA as they do not hold the data

you require, have you already sent a SAR to CCM or not?

 

I think judge would leave him or her self open to appeal on equitable to pursue.

 

No, they didn't suggest I send a SAR to a DCA. But her point was the fact that I asked for that in my general SB letter should make them at least response to say, OK we've noted your request and will get onto MIB about it. In any case, I'll go ahead and send the SAR letter to MIB with the payment and see what happens. I've read cases on this thread where CCM have been able to supply documentation/information (even if it is often inaccurate, half-baked) to try and defeat the person.

[BRIGADIER2JCS]

I've heard that alleged too.

CCM will no doubt ignore any reference to the SAR anyway.

Just keep looking out for their response to the SB letter, did you give

them a time frame?

[Simone2011]

I've heard that alleged too.

CCM will no doubt ignore any reference to the SAR anyway.

Just keep looking out for their response to the SB letter, did you give

them a time frame?

 

Oops No I didn't give them a time frame. Just the courteous "I await your confirmation that no further contact/action will be made" closing. So Mr Brigs, what's the best way forward in your opinion? Send CCM another "Oi it's SB letter" or just the SAR request to MIB?