MIB-Close Credit Management

[randomfact]

Whilst certainly you should share your information it might be an idea to start your own thread with the details behind your claim also?

 

S.

hi ppl

i just come back from holiday abroad to find the same letter with 9036 £ to pay dating in 30/8/2003, but in my case i payed 2500 £ to the driver and we agreed that he will not take this matter any further.

i had him write this on paper and sign it but I DONT HAVE THAT BLODDY PAPER. if i only new whats to come... this morning i got another letter wich i have 7 days to arrange payement or i will get county court proceedings issued against me. first letter is isued on 29/12/2010 and next one 12/01/2011 what do i do first?

[the_shadow]

Thread created in legal issues for you.

 

S.

[randomfact]

today i spoke to few people and will se 2 solicitors on monday to get some direction on this. and i got statement from bank that show that bankers draft woz cashed in.

i'll know more on monday but im not shore that ill get any sleep til then

[randomfact]

this is getting better and better. now they say BECOUSE I PAID I ACCEPTED LIABILITY and this 9000£ is for personal inguries and i have to pay for it. I SPOKE TO THIS GUY IN INSURANCE COMPANY AND HE SEES NO WAY OUT OF THIS so im done for . anybody out there has something helpful that we missed ??? or do i just give up and pay.

i have one day to ring MIB or i will face county court procedings.

[Ladylandy]

Hi Random

 

My husband received the same letters on the same days also, although the first one took 10 days to get to him!

 

Not sure about the payment part i'm afraid but judging by my conversations with CAB and Debt Helplines, an awful lot of people have received these letters

[Jasper1965]

this is getting better and better. now they say BECOUSE I PAID I ACCEPTED LIABILITY and this 9000£ is for personal inguries and i have to pay for it. I SPOKE TO THIS GUY IN INSURANCE COMPANY AND HE SEES NO WAY OUT OF THIS so im done for . anybody out there has something helpful that we missed ??? or do i just give up and pay.

i have one day to ring MIB or i will face county court procedings.

 

You do not have to ring MIB at all.

 

Seeing as they have helpfully confirmed that the £9,000 is for personal injuries they unwittingly gave you a complete defence.

A claim for personal injuries must be brought within a period of three years from the date of the cause of action (the injuries).

You haven't confirmed when you made the £2.5k payment but since more than seven years has elapsed between today and the cause of action it would be almost impossible for a personal injuries claim NOT to be statute barred.

 

To ascertain whether it is statute barred can you tell us the following please?

 

date of accident.

Date you made the payment.

Whether you have ever acknowledged liability for the amount claimed in writing and if so on what dates?

 

LIMITATION ACT 1980

 

Actions in respect of wrongs causing personal injuries or death

11 Special time limit for actions in respect of personal injuries. E+W

 

(1)This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.

 

[F3(1A)This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.]

 

(2)None of the time limits given in the preceding provisions of this Act shall apply to an action to which this section applies.

 

(3)An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) or (5) below.

 

(4)Except where subsection (5) below applies, the period applicable is three years from—

 

(a)the date on which the cause of action accrued; or

 

(b)the date of knowledge (if later) of the person injured.

 

(5)If the person injured dies before the expiration of the period mentioned in subsection (4) above, the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 1 of the M3Law Reform (Miscellaneous Provisions) Act 1934 shall be three years from—

 

(a)the date of death; or

 

(b)the date of the personal representative’s knowledge;

 

whichever is the later.

 

(6)For the purposes of this section “personal representative” includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate) but not anyone appointed only as a special personal representative in relation to settled land; and regard shall be had to any knowledge acquired by any such person while a personal representative or previously.

 

(7)If there is more than one personal representative, and their dates of knowledge are different, subsection (5)(b) above shall be read as referring to the earliest of those dates.

 

 

 

I sometimes worry about the level of advice given by those we are expected to trust for help, it's not as if we aren't bombarded on a daily basis by all those "had an accident or injury within the last three years adverts".............

Edited January 20, 2011 by Jasper1965

[Jasper1965]

send them this.

 

sir.

 

Your claim that I admitted liability is denied as any payment I may have made in this matter was made on a "Without Prejudice" basis as a goodwill gesture and any attempt by yourselves to prove otherwise will fail.

 

I also deny you have the right to claim any monies from me in particular the sum of £9,xxx which you have confirmed is for "personal injuries".

 

section 11 of the Limitation Act 1980 sets out the applicable time limit for the commencement of any action for "personal injuries" as follows:

 

11(3)An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) or (5) below.

 

11(4)Except where subsection (5) below applies, the period applicable is three years from—

 

(a)the date on which the cause of action accrued; or

 

(b)the date of knowledge (if later) of the person injured.

 

It is hereby stated that the time limit for the commencement of any proceedings related to "personal injuries" attracted on 30/8/2003 has expired by some years and as has already been averred any payment made on a "Without Prejudice" payment is not sufficient to reset the clock notwithstanding that such payment would also have had a period of three years without acknowledgment either before or after the date of such paymentv since nearly eight years has expired since the alleged cause of action arose.

 

Any attempt by yourselves to bring a claim against me outside the period allowable for a personal injury claim by claiming rights subrogated to yourselves will be easily defeated by the the dictum "Nemo Dat Quod Non habet" which confirms that any rights subrogated to yourselves cannot lawfully exist in any greater degree than those afforded the subrogator.

The subrogator had the right to commence action within a period of three years and chose not to do so. this right cannot lawfully be subrogated in any way which infers a greater right upon the recipient, if you were afforded those rights within the three year period it was for you to commence action within the relevant time as set out within Sec 11 Limitation Act 1980. If you were afforded those rights outside the three year period, then you have never had the legal right to bring proceedings against me.

you failed to commence action within the specified time limit for personal injury and it is therefore denied that any attempt to pursue me for the amount claimed is valid and that your threats to commence legal proceedings against me are unfounded as no right to any such action exists.

These threats where no right exists are classed as harassment under Sec 40 of the Administaration of Justice Act 1970 and if conducted as a commercial practice are forbidden by CPUTR's. My counsels view is that we are not in a consumer relationship in respect of this matter so the criminal offence of harrassment is the offence which shall be cited in the event of any further unwarranted demands from yourselves regarding this matter.

I trust this is clear to you.

No right to action exists as you are out of time to bring any such action and I hereby state that I have no intention of voluntarily paying any sum to yourselves in respect of this or any other related matter.

For you to continue to pursue me will constitute a criminal offence, I will however require written confirmation from you that you will take no further action against me and will cease sending me lawfully unfounded threatening letters.

If you do issue proceedings against me any such action will be stoutly defended on but not limited to the points set out in this letter , statute barred is in itself a complete defence, and a copy of this letter and any other evidence I hold will be used before the Court to prove that any such claim was vexatious and a wasted costs order will be sought against yourselves.

[randomfact]

First of all i am shocked by a very specific advice from u. That tells me that u do invest a lot of ur time in this.

What i wana say is THANK YOU Jasper.

I will go to a solicitor who is representing me and we will go thru this, and if he agrees with u we'll send this letter to MIB.

Just to let u know, the accident happend on 30/8 and i paid out on 4/9 THATS 5 DAYS LATER.

Sad thing is that my representativ is advising me to give them offer of 2 or 3000 to settle it and if they dont accept i have only one option- Bancrupcy. Becouse i have no funds to pay any more than that ((.

Tomorow will bring me peace of mind one way or the other.

Now this letter may help. Will keep u updated...

[TheGwentDragon]

Randomfact

 

It's scary that your solicitor isn't aware of this. Good luck.

 

It seems to me that many organisations are purchasing debts for a fraction of their value in the hope that ppl aren't aware of the Limitation Act.