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MIB County Court Claim after 6 years!
sloaneranger_2
Posts: 3 Newbie
HELP NEEDED!
Ok here is the sorry tale, almost 6 years ago now on 6/8/05 I had a blow out after driving over some debris on the road in Wales. Due to my situation at the time I was stupidly uninsured and subsequently fined £300 and had 6 points added to my driving licence. At the time no application was made to the court for any damages and it did not award although it was aware that a road barrier had been damaged. The traffic police who attended the accident at the time thought that it was likely the debris which seemed to be builders waste materials could have contributed to the blow out which had caused the accident in the first place. No other persons were involved in the incident.
Sometime later I was sent a repair bill from the local authority highways department which I responded to by telling them the opinion of the police and that as I was not working due to health issues and in receipt of benefits that I was not in a position to pay the bill and that I did not accept that I was totally responsible for this. I heard no more about the situation until last month!
I know that road tax does not go to the upkeep of the road network but other taxation which I along with everyone else pay does surely when a situation like this happens if a driver is uninsured the local authority should either claim its own insurance or use the funding it receives to repair or replace if necessary.
Now I have been a County court claim taken against me by the MIB who are looking to get some £2801.57 I intend to defend the action by means of the details above although will go into a bit more detail for the court.
The wording on the county court claim form reads as follows:
The claimant is the National Gaurantee Fund which provides compensation to the victims of uninsured negligent drivers. The claimant paid compensation and/or costs to the victim(s) of the defendants negligence whilst driving motor vehicle registration number H91BGF on 6/8/05 without statutory insurance cover as required by the road traffic act 1988. The victim(s) have since assigned their cause of action to the Claimant and notice of such was served upon the defendant. The Claimant complied with Section III & IV and Annex B of the PD Pre-action Conduct. And the Claimant claims: MIB Uninsured Driver Subrogated Claim reference number 1169433 balance of 1,795.67 as of 6/8/05.
Interest under section s69 of the County Court Act 1984 at the rate of 8% a year from the Accident date to 8/7/11 of 850.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.39 AND costs.
Amount Claimed = £2646.57, Court Fee = £ 75.00, Solicitors costs = £80.00 Total = £2801.57
Claimant is Motor Insurers Bureau, Milton Keynes,
My questions are basically this, how since I have heard no more since I contacted the local authority outlining my position can they come back all this time later and expect me to pay this along with almost £1000 of interest that they have added to it and also since I am still in receipt of income support and DLA and unable to work and have no assets or savings can the court if they find in favour of the MIB arrest my benefits in order to recover the dept.?
Any help or advice would be appreciated.
Ok here is the sorry tale, almost 6 years ago now on 6/8/05 I had a blow out after driving over some debris on the road in Wales. Due to my situation at the time I was stupidly uninsured and subsequently fined £300 and had 6 points added to my driving licence. At the time no application was made to the court for any damages and it did not award although it was aware that a road barrier had been damaged. The traffic police who attended the accident at the time thought that it was likely the debris which seemed to be builders waste materials could have contributed to the blow out which had caused the accident in the first place. No other persons were involved in the incident.
Sometime later I was sent a repair bill from the local authority highways department which I responded to by telling them the opinion of the police and that as I was not working due to health issues and in receipt of benefits that I was not in a position to pay the bill and that I did not accept that I was totally responsible for this. I heard no more about the situation until last month!
I know that road tax does not go to the upkeep of the road network but other taxation which I along with everyone else pay does surely when a situation like this happens if a driver is uninsured the local authority should either claim its own insurance or use the funding it receives to repair or replace if necessary.
Now I have been a County court claim taken against me by the MIB who are looking to get some £2801.57 I intend to defend the action by means of the details above although will go into a bit more detail for the court.
The wording on the county court claim form reads as follows:
The claimant is the National Gaurantee Fund which provides compensation to the victims of uninsured negligent drivers. The claimant paid compensation and/or costs to the victim(s) of the defendants negligence whilst driving motor vehicle registration number H91BGF on 6/8/05 without statutory insurance cover as required by the road traffic act 1988. The victim(s) have since assigned their cause of action to the Claimant and notice of such was served upon the defendant. The Claimant complied with Section III & IV and Annex B of the PD Pre-action Conduct. And the Claimant claims: MIB Uninsured Driver Subrogated Claim reference number 1169433 balance of 1,795.67 as of 6/8/05.
Interest under section s69 of the County Court Act 1984 at the rate of 8% a year from the Accident date to 8/7/11 of 850.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.39 AND costs.
Amount Claimed = £2646.57, Court Fee = £ 75.00, Solicitors costs = £80.00 Total = £2801.57
Claimant is Motor Insurers Bureau, Milton Keynes,
My questions are basically this, how since I have heard no more since I contacted the local authority outlining my position can they come back all this time later and expect me to pay this along with almost £1000 of interest that they have added to it and also since I am still in receipt of income support and DLA and unable to work and have no assets or savings can the court if they find in favour of the MIB arrest my benefits in order to recover the dept.?
Any help or advice would be appreciated.
0
Comments
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pop this in the motoring section.
In my opinion you still owe them money for the damage you caused.one of the famous 5
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sloaneranger wrote: »My questions are basically this, how since I have heard no more since I contacted the local authority outlining my position can they come back all this time later and expect me to pay this ...
The answer is that as long as they institute proceedings to get the money you owe within 6 years they can do so.
Your thread title does say this has come "after" 6 years, but this is not so from the dates you have given.0 -
I agree with GeordieRacer (what a great programme that was by the way).
A low income does not absolve you from being responsible for your actions.Thinking critically since 1996....0 -
geordieracer wrote: »pop this in the motoring section.....
But be prepared for a slaughtering from the hang 'em brigade regarding your original offence!
Maybe you need to get some advice from the CAB over how to deal with this - eg. it will save you some money if you can come to some arrangement with the claimant (eg.by agreeing a payment plan) if you admit the debt now rather than force this into a court hearing (the costs of which would be added onto the amount now being claimed along with the ever increasing daily interest charge when they win).0 -
It's a legal rather than motoring issue.
OP - limitation period is not up yet. You are liable. Suggest you try and make some sort of compromise offer.0 -
A Legal issue surrounding a car crash.. I would say thats motoring issue wouldnt you rather then a consumer issue?one of the famous 50
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geordieracer wrote: »A Legal issue surrounding a car crash.. I would say thats motoring issue wouldnt you rather then a consumer issue?
It's about limitation periods and Court process rather than motoring issues.0 -
Courts are extremely lenient to those on low incomes. Yes, you will have to pay but a court should most likely make it a nominal charge. Even as low as £1 a monthOne important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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Equaliser123 wrote: »It's about limitation periods and Court process rather than motoring issues.
And yet they are getting better advice in the motoring section of the forum..
Amazing eh.one of the famous 50 -
geordieracer wrote: »And yet they are getting better advice in the motoring section of the forum..
Amazing eh.
Really? Must be looking at a different forum to me.0
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