MIB County Court Claim after 6 years!

SteveJW

On the MIB website it states

http://www.mib.org.uk/Customer+Services/en/Making+a+claim/Claims+Explained/Claims+Questions.htm
Why do you need the permission of the uninsured motorist to deal with my claim?
Even uninsured motorists have the right in law to deal with their own affairs, and the agreement does not permit us to ignore their rights. However, if the uninsured motorist does not co-operate, we will tell you what options appear to be available to progress your claim.

It would appear that the MIB require permission from the uninsured motorist before they can pay out. I would say if they have not had permission their claim is invalid

Did the OP ever receive any correspondence from the MIB asking for permission to deal with the claim. If so I guess somewhere in the small print would be something along the lines of being able to claim the money back from the motorist

raskazz

SteveJW wrote: »

On the MIB website it states

http://www.mib.org.uk/Customer+Services/en/Making+a+claim/Claims+Explained/Claims+Questions.htm
Why do you need the permission of the uninsured motorist to deal with my claim?
Even uninsured motorists have the right in law to deal with their own affairs, and the agreement does not permit us to ignore their rights. However, if the uninsured motorist does not co-operate, we will tell you what options appear to be available to progress your claim.

It would appear that the MIB require permission from the uninsured motorist before they can pay out. I would say if they have not had permission their claim is invalid

Did the OP ever receive any correspondence from the MIB asking for permission to deal with the claim. If so I guess somewhere in the small print would be something along the lines of being able to claim the money back from the motorist

The MIB don't have to ask "permission" as such in cases like this. The portion that you have quoted really applies to the uninsured driver's pre-court rights where the MIB cannot act to prejudice the uninsured driver's position.

What would have happened in this case is that the council would have obtained a court judgment against the OP. Then after the judgment was unsatisfied for 7 days the MIB becomes liable. At this point the MIB has no choice whether or not to indemnify the claimant - it is obliged to by law.

Again, and I mean this in the politest possible way, the OP should seek proper legal advice rather then the advice of laypersons on here.

For the more legally minded of the forum, the full Uninsured Driver Agreement can be found here:

http://www.mib.org.uk/NR/rdonlyres/D017E905-ACAE-415E-8A6A-32E59B7DB4BC/0/UninsuredEnglandScotlandWalesDecember1988.pdf

Hammyman

1jim wrote: »

Sorry cant help but interest at 8% seems a bit steep to me

8% is the usual amount. It is the Bank of England Base Rate plus a figure I forget for now. It is the same rate I can charge someone for late payment of an invoice under small business laws when I take someone to court.

It is even quoted in the OPs post:

Interest under section s69 of the County Court Act 1984 at the rate of 8% a year

Hammyman

sloaneranger wrote: »

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.

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.?
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Any help or advice would be appreciated.

You don't have a leg to stand on. You hit the barrier so it is you that a claim would have been made against which you would have passed on to your insurers, had you had any, to pay out. You would then make a claim against the party who contributed had it been proven they had and it been known who they were.

What people forget is that when a claim is made against the guilty party in an accident, it is made against you and not your insurance company. Your insurance company merely are the people who make the payout but if they don't, either because you are uninsured or they refuse to, then if you are at fault it is you who is still liable and has to pay.

dzug1

sloaneranger wrote: »

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.

.

But the Local Authority HAS claimed on what is effectively its own insurance. That insurer is now claiming from you

pinkshoes

They have 6 years to collect the debt, and as this is LESS than 6 years (albeit by a few days), then it's quite likely that you will have to pay the debt.

If you had been insured at the time, then your insurance would have paid, but as you failed to take out insurance, then this is now your responsibility to pay the money owed.

I'd offer to pay what you can.

Hammyman

pinkshoes wrote: »

They have 6 years to collect the debt, and as this is LESS than 6 years (albeit by a few days), then it's quite likely that you will have to pay the debt.

No, they have 6 years to contact you. Once you have been contacted, the 6 year clock is reset.

Quentin

The 6 years being discussed is nothing to do with "contacting" a debtor.

A debt never dies and a creditor can always keep contacting the debtor for the money owed.

The six years is the time allowed for a creditor to institute legal proceedings to get paid.

vaio

Nah, I'm pretty sure the time limit for legal action is 6 years from when the debt arose OR from when you last acknowledged it.

So if you are contacted and acknowledge the debt then the six year clock is reset

raskazz

vaio wrote: »

Nah, I'm pretty sure the time limit for legal action is 6 years from when the debt arose OR from when you last acknowledged it.

So if you are contacted and acknowledge the debt then the six year clock is reset

In any case, discussing limitation here isn't really useful.

The limitation period applies to the council's claim against the OP separately to the MIB's claim against the OP. The MIB would only have become liable recently if payment was made in July this year - hence the limitation period applying to their claim against the OP is, as I understand it, 6 years from July 2011.