MIB court claim please help!

[S411iL]

Hello, i'm new to the forum and am not sure if i've posted in the right place so please forgive me if i have.

 

I received a letter from HL Solicitors on behalf of the MIB. It's dated 16th march 2012 and says that I had a road traffic accident on 29/01/2010 while I was uninsured. First of all, I know a lot of people say this but I actually forgot that my insurance had expired and for this I was fined by the police and awarded 3 points on my license. Now, there were 3 of my friends in my car at the time and I believe one of them claimed injury compensation and received a payout of £900 a year later. I didn't know they had claimed or got payed out until i received this letter with their name on it as the claimant a couple of days ago. The letter states that I owe the MIB £1,459,76 including interest. I had no letters or any contact from the MIB when this happened and is the first time I've received any information regarding this matter which also says that I must pay them within 7 days or county court proceedings will be issued against me.

 

I've read on the forums that a lot of people have had these same problems so ould anyone please help and tell me what I need to do I really don't have £1500 to give away to a company who payed out someone and didn't even tell me about it.

Edited March 30, 2012 by S411iL

[S411iL]

Sorry for the double post but i read on a similar post that someone posted this:

 

1) The defendant is a private individual and admits that they were involved in a minor accident on the 26/04/2005.

2) The defendant admits that at the time of the accident (1) they were inadvertantly driving whilst uninsured.

3) The defendant admits that they were punished by means of a fine and penalty points for an offence under the road traffic act of driving whilst uninsured.

3) The defendant denies that any criminal investigation was ever pursued which might have led to apportionment of liability for the accident.

4) The defendant has at all times denied liability for the accident and has perpetually averred that the accident was caused by the other driver. This averrment was made to the claimants representatives during their initial review of the case.

5) The claimant has ignored the defendants denial of liability and unilaterally taken the decision that the defendant was liable for the accident and any claims arising from the accident. The claimant would have vigorously defended any legal action concerning liability at the time had any been instigated.

6) As a result of the claimant making a decision on liability themselves, the claimant chose to make a payment towards the third party driver of the other vehicle involved without giving the defendant the opportunity to present the supporting evidence for their denial of liability.

7) The claimant paid the third party a sum of money which has not been explained by virtue of a Breakdownto the defendant.

8) The defendant contests the sum paid as the value of the third parties vehicle was just a few hundred pounds and no personal injuries occurred.

9) Upon payment of the sum to the third party, the claimant subrogated this 3rd parties rights in the incident.

10) Notwithstanding the outstanding dispute over liability meant that there was no clearly defined cause of action the third party had a right of action in respect of entering a claim for personal injury for three years from the date of the incident and six years for damages to property from the date of the incident.

11) the three year limitation period expired on 26/04/2008, the six year limitation period expired on 26/04/2011.

12) This claim was entered on the 6th May 2011 some days after the longer limitation period had expired.

13) Nemo Dat Quod Non Habet dictates that upon subrogation the rights of the subragee cannot exceed the rights of the subragor which are detailed in (10) of this defence.

14) For the reasons set out in (10)(11)(12)(13) the defendant avers this claim to be statute barred having been entered after the expiry of the relevant limitation period(s).

15) The claimant has attempted to claim an amount including interest from the date of the incident despite the claimant admitting they did not pay the balance of the claim until 2007.

16) In admitting liability on behalf of myself without authority and subsequently making an arbitary payment to the third party on my behalf before availing themselves of the rights to retribution under subrogation, the claimant has in making this claim which includes interest and may include costs of the earlier part of the process, crossed the boundary from subrogation to Champerty. The claimant has an interest in making these awards to the third party claimants as the claimant can then automatically assign themselves the right to recovery with interest and costs, the malfeasor is therefore permanantly prejudiced and deprived of all rights to defend a decision of liability. {S69 interest currently returns approximately 7% per annum greater yield than the claimant might achieve on their funds in a conventional banking investment scenario}.

17) the defendant denies all liability for the accident from which this claim initially arose and puts the claimant to strict proof that the defendant is liable for any of the amount claimed and further puts the claimant to proof that once made aware that the defendant disputed liability the claimant followed the correct procedure including seeking a judicial decision in the matter of liability.

18) For the reasons set out within this defence the defendant denies any liability to the claimant.

 

Would it be enough if I changed this to fit my circumstances and if so, who do i write this to, the solicitor who sent me the letter or to the court?

[unclebulgaria67]

Sorry, but you are liable to pay the MIB the relevant amount. If you don't pay, they will go to court and you will get a CCJ, with the appropriate costs added on top.

 

I would suggest that you write back querying the amount and ask for a breakdown. Ask them to confirm what payment options are available, if you are unable to pay the amount in full.

[brokebutnotbeatn]

You have taken a copy of someone's defense to a court claim. I would do what UB says above in the first instance. Hopefully this will be a further reminder never to forget about your insurance and the reminder letters they send again!

[twofoot]

I don't think a court would look favorably on you having no insurance. Think you will need to bite the bullet.

[Bazooka Boo]

He has already paid his dues for no Ins, fined and 3 points, so that argument is dead.

As UB says, get in touch with them and demand a breakdown of how they have come to such inflated figures..

[Jasper1965]

He has already paid his dues for no Ins, fined and 3 points, so that argument is dead.

As UB says, get in touch with them and demand a breakdown of how they have come to such inflated figures..

 

What BB says!

 

Add to your letter that had anybody bothered contacting you prior to the settlement by mib then any such claim would have been stoutly defended and supported by evidence including but not limited to the witness statements of all the other occupants of the car at the time of the incident.

 

MIB are being used as a cash cow and will continue to be such beast until they learn to establish the facts and defend claims wherever possible.

This would of course involve contacting the malfeasor, something mib seem particularly reluctant to do until fait accomplit!!