MIB-Close Credit Management now Bluestone Credit Management

[dimmickc4]

No there is no CCJ, it was a consent order, my credit file is clear.

[Bazooka Boo]

Get those complaints in ASAP, and exhaust them!

[Ganymede]

Dimmickc4, did you really not sign anything all those years ago?

[dimmickc4]

I really really don't remember. I don't remember any long winded legal docs, I remember filling out a form where I gave details of the accident but that's it.

Does anyone know what the standard form the MIB would send out says? Would it give them full control?

[Ganymede]

It would have been some kind of form of assignment I'd imagine.

 

Your SAR should reveal what they have on you.

[dimmickc4]

Would a form of assignment give them the power to chase me for the money? Why would they need to do it under the land act? Suelwy if I had it would just be a normal give us what you owe?

Sorry all very new to me so asking lots of silly questions.

[dimmickc4]

Duplicate post

Edited January 31, 2012 by dimmickc4

[dimmickc4]

Jasper, I just found this on one of you old threads helping someone in a similar situation, would this help me?

"This is a subrogated claim meaning the claimant (MIB) has stepped into the shoes of the victim thus assuming the victims rights and remedies..

MIB cannot assume any right greater than or other than those afforded to the subrogator (nemo dat quod non habet).

The subrogator had the right to pursue for remedy with effect from 25th 04 2005, this is the right that was assigned to the MIB.

The MIB cannot extend the period of limitation by paying out themselves some time possibly years after the cause of action has accrued. MIB had no rights of their own in the matter, they were not involved in the accident, any payment they have made will have been subject to the victim assigning their rights of remedy across to the MIB and it is these rights the rights of the original victim which have been used to bring proceedings.

Sadly for MIB the victims rights expired six years after the incident and since the claim was issued after the expiry of the limitation period the claim is fairly and squarely statute barred."

 

If I did sign anything for the MIB would this still hep?

[Jasper1965]

This probably isn't a subrogated claim as we know the MIB didn't step into the claimants shoes since they were defendant in a Court case raised by the claimant.

 

What we don't know are the terms of the consent order or whether the MIB entered into any agreement with yourself or the claimant outside the Court proceedings . The standard MIB form assigns the claimants rights to the MIB upon settlement of the claim, whether that would be applicable where a consent order exists is a matter for conjecture as this claim had obviously progressed past the stage where the claimant and mib come to an amicable agreement.

If there is a consent order then it must surely have been fully met at the time by the MIB ergo it is of little or no value today.

 

The central issue is upon what grounds the MIB seek to reclaim the monies paid out from yourself, there are a number of possible ways they could do this but each is open to attack by you.

 

Much hinges upon whether you entered into any agreement with the MIB and what the terms of any such agreement were. The fact that you were joint defendant in litigation and the other jd knew this and failed to make you aware of proceedings before unilaterally entering into a binding agreement with the claimant does not do the mib any favours at all here unless they were assigned your rights prior to the litigation.

 

Realistically all we can do is speculate until we have sight of the consent order and the assignment(s) if any.

 

What they can't do is seek to enforce the judgment by means of a charging order, WOE, AOE etc. because the harsh fact remains there is no judgment to be enforced.

 

So stay off the phone and sit back and try to ignore their childish and rude threats while you wait for that SAR to arrive.

[dimmickc4]

Thank you for such an amazing response, I will wait for docs from the MIB.

[Jadimba]

Hello dimmickc4 did you have any reply from mib for the SAR? Its been well over 40 days now.

[dimmickc4]

Hi, I have not heard anything from the MIB or BCM, I'm not going to chase them unless they contact me

[Jadimba]

Im sure by law they are supposed to supply the information they have on you. I first received a letter of them in 2008 to the wrong address for a slight bump in 2002. It took them 6 years to attempt to contact me and still didnt get it right. Its been 10 years now, even more statute barred, which is what they already know that these dodgy claims of debt are. Let us know if you hear anything else.

[chris66]

I have recently been contacted by this shower too. Can I guess that one of the first things they did when they got hold of you was to ask you to confirm your email address or home address before they could continue?

 

That was how the conversation started with me when they rang me, "for security reasons we have to confirm your address, could you give us the first line and post code" refusing to give this they got quite shirty saying they couldnt discuss anything with me in detail until I confirmed this (errrr, you rang me?!?). I told them to send all detail relating to any 'claim' in the post......surprise surpise it never arrived (did they ever have my address in the first place? I think not)

 

So another couple of weeks go by, another phone call, another request for address, another refusal!!

 

Having looked up BlueStone on the internet the number they called me off is very similar.....but not exact. They rang off 0114 231 7505......BlueStones actual numer of the "paybluestone" website is 0114 231 7540. Not sure I believe either of them as BlueStones actual numer on their official website (not Paybluestone site) is an 0845 number

 

Do I believe that 0114 231 7505 is actually Bluestone? Or do I believe this is someone i've never heard of that has managed to get hold of a small amount of infomation about me (my phone number) and then try and use that to scare me into paying a claim I know nothing about.

 

Either way i'm letting the Police Fraud lot find out!!

[Simone2011]

Dear Bazooka, Jasper, 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.

[Jasper1965]

Dear new DCA.

 

12 months ago I challenged my liability for any amount claimed by the MIB directly with the MIB. Despite a lengthy wait I have yet to receive anything of substance from the MIB or any third party purporting to represent the MIB in respect of proving this alleged debt.

I feel a lapse of twelve months is sufficient to be considered "reasonable" and therefore must assume in the lack of any evidence to the contrary that as I originally and always maintained, no such debt lawfully exists.

I therefore consider this matter to be closed and I suggest you refer this "account" back to the originator.

I refer you to the OFT guidelines on debt collection particularly referencing the section on disputed debts.

Any further demands for money from yourselves will likely constitute a reportable breach of these guidelines and further may constitute an act of harassment.

 

xx

[dimmickc4]

I have also still not heard anything, its been almost 6 months now, I have sold the house they were threatening to take off me (with no profit !) so now even if they do come after me there is nothing I have to give them!

 

I expect to recieve a call or a redirected letter in 6 months time.

[dimmickc4]

Guess who I just got a call from!! They must be monitoring this site! ha I didnt answer just had a voicemail.

[Jasper1965]

Wow 31 minutes that was pretty quick, hope they choked when they read you've sold your house.

 

Must be soul destroying for them coming on here, haven't they anything more productive to do like supplying proper paperwork and complying with the law? LOL

[dimmickc4]

They will be inconsolable then when I tell them I fly to Sydney in 3 weeks and hopefully wont be coming back!

[Jasper1965]

fantastic, best of luck down under mate!!!

 

(ps just before you leave I would write to them letting them know your house is sold and you're emigrating, if they really are monitoring they might serve county court papers on you at your old address and gain a default judgment without your knowledge otherwise).

[dimmickc4]

Can they do that when it seems it should be SB'd? Seems it should go to court the judge sees that and dissmiss it.

 

Still I shall send them an email and letter before I go.

[Jasper1965]

Can they do that when it seems it should be SB'd? Seems it should go to court the judge sees that and dismiss it.

 

 

If only.....

 

An undefended claim = default judgment, there is no hearing in the absence of a defence, it is assumed that the claimant is entitled to whatever it is they're claiming full stop.

[dimmickc4]

I can leave a care of address and if they notify me of a court date I will write a letter in defence, best i can do really.

[Simone2011]

Dear new DCA.

 

12 months ago I challenged my liability for any amount claimed by the MIB directly with the MIB. Despite a lengthy wait I have yet to receive anything of substance from the MIB or any third party purporting to represent the MIB in respect of proving this alleged debt.

I feel a lapse of twelve months is sufficient to be considered "reasonable" and therefore must assume in the lack of any evidence to the contrary that as I originally and always maintained, no such debt lawfully exists.

I therefore consider this matter to be closed and I suggest you refer this "account" back to the originator.

I refer you to the OFT guidelines on debt collection particularly referencing the section on disputed debts.

Any further demands for money from yourselves will likely constitute a reportable breach of these guidelines and further may constitute an act of harassment.

 

xx

 

Thanks Jasper! This looks great and straight to the point.

My point of concern is that through prior experience of sending SB letters to the DCA (formally CCM) they don't reply; they tend to ignore and continue to send threatening letters. It was only when I sent the SB letter to MIB's feedback email, as advised by earlier posts, that they put things on hold with the DCA. Since I have a clear email from a person at MIB that states that will be looking into it and will let me know how and why case was settled, should I not also send MIB the above letter?