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    • Thanks for replying, i informed the seller in December 20, they initially sent me the email below.   ""With reference to your valued order and our recent inspection of your images. We have now investigated your concerns and can confirm that there are no manufacturing defects present and your carpet is reacting normally. The change of appearance of your carpet is due to the way in which the pile has settled unevenly with use and can show in some areas more than others. This is caused by the heavy traffic concentrated onto a small area coupled with the twisting of feet as you turn. All carpets have places where it is walked on more than others. This is a normal characteristic of any carpet and pile reversal and pile compression is not considered a manufacturing defect and is a natural occurrence in any carpet with some showing the effect more than others In way of a more detailed explanation it is the sides of the tufts of your carpet that appear a lighter, more silvery shade than when the tufts are viewed end-on. As the pile settles, lighter and darker patches develop depending on the angle of the pile. It is quite common for pile to settle in different directions to the normal pile lay as foot traffic bends the pile different ways and this will dull the appearance and will distort very slightly the appearance as you must appreciate. The angle of the pile has no effect on the durability of the carpet and we are confident it will continue to give you many years of satisfactory service. This effect can be rejuvenated to a degree by regular use of a vacuum cleaner with a rotating brush mechanism on the head In conclusion, we would confirm there are no manufacturing defects present with your carpet and we hope our explanation will further clarify your understanding of the carpet’s characteristics.""     i objected to their explanation and they have agreed to send one of their surveyors when restrictions are lifted, my stance if they say there is no fault then surely the carpet does not posses reasonable durability based on the purchase price.   Thanks
    • Marsdens did not even acknowledge any of the letters. I think they ignore them so people get bored. I am just thankful that it was not me who owed the money. I do not know what I would have done. Do they usually collect debts from at least 8 years ago? I am just getting the date from my son he has the cctv record. I really wanted to know if they were allowed to go into an address that had nothing to do with the debt. Mostly because I am afraid anyone can just walk into my home. My daughter moved into the property 6 years ago . The man Richard whos name was on the paperwork moved out of that property approx 8 ytars ago. He never lived at my address.
    • Ok thanks. Understand, i thought it added to the time, so if held up in court you added that to your time. Assuming its discontinued
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    • 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
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MIB-Close Credit Management - Claim issued


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I would get the SAR done to MIB.

 

Brig.

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Hello again all,

 

Just to bring everyone up to speed:

 

MIB pay out a frivolous claim in my absence. I am absent because they have not tried to contact me. They admit liability on my behalf, in my absence.

I did not sign this right over to them.

They have then been assigned the rights of the claimant.

The MIB - Using Geoff Leavers Solicitors - have submitted a claim to the courts. As they were sending letters to an old address, I did not get to defend the claim.

I now have a CCJ against my name, for 10k. My bank alerted me to this, and I then found out what was happening.

I wrote countless letters to the courts - All intercepted by the 'Court Manager', none getting through to the Judge.

But apparently the Judge 'read a letter from the defendant' (me) and threw out my defense. I am confused as to whether the letters we're getting through to the Judge or not.

I have contacted the MIB directly using their complaints procedure - I gave them the court claim reference number, and they have responded to me saying:

 

Thank you for your email.

I have searched our systems to try and trace the claim this matter relates to but unfortunately, I have been unable to locate the claim.

Could you provide me with your full address and the date that this alleged accident took place.

I look forward to hearing from you to enable me to proceed and complete my investigation into the matter.

If you have any queries in the meantime, please do not hesitate to contact me.

 

 

Now the reason that there is a debt, is because the MIB admitted liability on my behalf. No court case. No summons. No contact. Nada.

The reason there is a CCJ is because they (The MIB/Geoff Leavers Solicitors) went to the courts and supplied the incorrect address details for me.

I would like to point out that since the CCJ in AUGUST 2010, I have never gone to the court to declare my employment status/wages/savings, and I have had NO FURTHER CONTACT from either the MIB, the Solicitors, or the courts demanding payment.

 

If I give the MIB my address and the date that the accident happened, what position does that put me in? PS The claim is SB, much like the rest of the cases they are pushing ahead with.

 

Thanks

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They could find if they wanted to, as you say it matters not.

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Just getting back into the swing of things again, so bear with me.....

 

You say this is SB, but they have been awarded a CCJ (by default) in 2010?

 

So are you saying that the actual alleged debt was SB prior to them being awarded the CCJ?

 

You really do need to get this set aside, as they now have a CCJ which they can enforce (legally)

 

Once you have it set aside, if they then try to bring the matter back to court, your defence will be that it is SB and should never have been taken to court in the first place.

 

I would give them the info they are requesting, but whilst the CCJ remains, expect a lot of activity regarding them trying to enforce it.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

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!

 

 

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Im sorry here im no proffesional, but I just dont understand were you think this is sb, its obviously not debt barred as its well within 6 years when the debt was created and the person has obviously put the pi claim in within the 3 years limit as you say the accident was in july 2007 and you noticed the ccj in aug 2010. your situation is alot different to other people on this thread as yours seems to be within time and its actually the mib and there solicitors who are chasing you and not a dodgy dca like ccm who've bought up a load of time barred debts and are trying there luck. I could be completely wrong, can you explain why you thinks its sb?

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I've had a reply from MIB, they've skirted round the SB reference in my email.

 

I would also like to bring to your attention that the alleged debt is time barred by the Statute of Limitations Act 1980,**there having been an elapsed period of more than what is prescribed by the Act since the incident and no previous claim issued against me.

 

They've given details of their complaints procedure and sent a form for 'subject access request'.

 

With regards to liability, please confirm in detail the reasons you do not consider yourself at fault for the accident. If you are able to locate the letter that states that you were not liable for the accident, please forward a copy. I have reviewed*the claim and I have not been able to find the letter you refer to.

 

What do I do next? I still need to get my complaint into the OFT, but other than that I'm not sure of how to tackle this

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Not all unhelpful really I would do the SAR,

and if you have the letter send them a copy

it can do no harm but may well help you resolve the problem.

 

Brig.

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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Might the letter mentioning that

you were blameless be provided

as part of the SAR?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No they say they don't have it, and I'm starting wonder if I actually received one, it was so long ago.

 

Either way, the accident was in 2003 and I think last contact was in 2004. But I was never presented with a bill/debt until earlier this year.

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This then should be case closed Imho.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Guys,

 

I have had the same letters etc from MIB and CCM.

 

I had an accident back in 2003 and was told by my insurance company that the insurance had run out at midnight hence i was uninsured, I argued that i had not recieved a renewal notice but they ignored this.

 

Anyway, I recived contact from the MIB and a case assesor, I explained what had happened and to be honest the guy was very understanding. I then started receiving calls and letters from another collection company towards the begining of 2004 and I contacted the assesor at the MIB again to tell him I was being pestered and harrased by them, I explained that I couldnt afford the £3000 odd pounds they wanted and that I had no assets ect as I had just finished university. He was very understanding and told me that unfortunatly these collectors were rude and aplogised for this, and that he would put a stop to this and he would close the case.

 

True to his word I never received a call or any written correspondence from the collectors or MIB again. Until May this year when I received 2 letters (one from MIB and one from CCM) both in the same envelope saying i had been involved in an accident which the MIB had to pay out on and that i owed £6.2k. I was shoked to say the least.

 

I called CCM and told them there had been some mistake as this case had been closed in 2004 and to check the notes they had, they told me that they had not received any notes from MIB and were only given my name, address and the amount due. I asked them to put everything on hold until i investigated, i then called MIB who told me that they had no notes and this had been passed onto CCM!!! I asked them to investigate, and told them that the case had been closed. I was asked to show evidence of this and any other correspondence relating to the matter, i explained i did actually have these until 2 years ago when i cleared everything out. It seems nobody has my files and any notes on the system relating to the correspondence I had with the assesor or the previous collection company.

 

I sent the SB Letter after seeking advice from the national debt helpline (this was sent to both MIB and CCM Registered delivery) a few weeks later i received a letter back from CCM saying 'as you are no doubt aware, section 33 of the act provides that the limitation period can be excluded if it appears to the court that it would be equitable to allow an action to proceed' and that they were confident that the court will agree it is unfair to apply the time limit in these circumstances. They also wrote 'Are you now relying on the balance being staute barred, are you know acknowledging your involvement?'

 

In the same week as the last letter I also received a 'Final Settlement Offer' from CCM saying the MIB were willing to accept a reduced amount of £3.6k to be paid monthly over 36 months. I am confused, if they were confident of winning in court why would they offer reduced terms???

 

I have been pulling my hair out, and was about to pay the money off to stop the stress. then i came across this site and the situation with Wotsy. This has given me a glimmer of hope and i have sent an email to feedback@mib asking why they have waited for 7 years to contact me and that i should have been given a chance to defend myself rather than allowing interest to accrue over this period.

 

If ANYONE can help or advise me further please do, stressfull times at the moment and I really dont know what to do. I sent my e-mail to MIB 2 days ago and haven't heard anything back yet not even aknowledgement of recipt, how long should I wait? what do I tell CCM if they write to me again? I have asked them to correspond with me in writting but they still call every now and then but i wont speak to them and keep asking them to write.

 

Thanks for listening guys.

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Has anyone actually made formal complaints about the MIB to the MIB, the OFT, Trading standards, or their local MP's?? I would also consider informing the media as well.

 

It is clear that these so called debts are either statute barred or unenforceable yet I haven't heard of anyone being pro-active in getting them bought to account.

 

The only letter MIB and their tame DCA CCM need receive is the "No debt acknowledged" letter, swiftly followed up by the SB letter if they continue to push the issue, and the next step is to inform the OFT&TS via consumer direct, your local MP, the media, and lodge a formal complaint with the MIB themselves.

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!

 

 

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Well said Bazooka Boo!!

 

No acknowledgment of any alleged debt!

No explaining why you don't think you might be liable!

It is for the MIB and/or their agents to prove the debt exists, that you are liable and that the debt is enforceable in law.

 

Simples........ as they say in the insurance industry.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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  • 5 months later...

Hi Bazooka, Jasper

 

You guys seem to be a massive help on this topic. Please can you take a look at my thread (cant post link) but you can look at my profile of search for MIB-Close Credit Management now Bluestone Credit Management

See what you think my next steps can be.

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  • 4 months later...

Hi Brigadier,

 

It's been nearly a year since I last posted here. Thought I would update you. After waiting several weeks from a reply from the MIB I received an email apologising for their delay and promising me that they would look into the issues and contact me within a week. That week turned into 2 months! I then received another email from a different person stating that it was a courtesy email, my file was on hold with the DCA and they were waiting for papers from the solicitors that handled the case. They asked if I wanted to submit my version of events (not likely) that I could. It was a relief to get some recite for a while and I waited patiently, hoping to get the famous 'Wotsy' email...

Instead almost a year since the very first notification from MIB & CCM, they decide to churn out the same original letter - this time from a different DCA. Any advice on how to approach this?

 

Any feedback appreciated.

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Hi, Is the new DCA just managing/ collecting the account

or have they bought it?

I would suggest copies of all the previous correspondence

is sent to the new DCA with the usual disclaimer I do not

acknowledge any debt etc.,

 

Which DCA has this now.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The MIB customer service managers name is Chris Pugsley (well it was last year), he's the one who replied to my email and sent me letters.

Maybe if you wrote a letter in a similar tone to my original email directly to him it may help:

 

Chris Pugsley

Linford Wood House,

6-12 Capital Drive,

Milton Keynes.

MK14 6XT

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PS

I did complain to everyone BB mentioned, the only response I got was from my local mp, Andy Burnham, who actually wrote to the MIB about my complaint, they replied with a load of BS about how they check every case thoroughly.

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Hi, Is the new DCA just managing/ collecting the account

or have they bought it?

I would suggest copies of all the previous correspondence

is sent to the new DCA with the usual disclaimer I do not

acknowledge any debt etc.,

 

Which DCA has this now.

 

Good afternoon Brigadier

 

The DCA which have it now is Bluestone Credit Management. :-x Not sure if they're managing/collecting or have bought the debt. In any case, I just spoke to Debtline and they have advised to contact the Financial Ombudsman as my initial complaint (to MIB & CCM have not been dealt with.

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The MIB customer service managers name is Chris Pugsley (well it was last year), he's the one who replied to my email and sent me letters.

Maybe if you wrote a letter in a similar tone to my original email directly to him it may help:

 

Chris Pugsley

Linford Wood House,

6-12 Capital Drive,

Milton Keynes.

MK14 6XT

 

 

Hi Wotsy!

Thanks for this. Nice to see you're still here helping us out. I've made a note of this manager's name & details. Been advised by National Debtline to contact the Financial Ombudsman for harassment. So will see how that goes. Cheers

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I agree follow NDLs advice asap.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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