Mib debt

karenh1970

Thats more than our mortgage..we could never afford that amount

MEM62

You really need to seek proper legal advice. You seem to disagree with the judgement in respect of the original claim. Perhaps talk to the lawyer you used when you defended the claim against you. Is there any option to appeal?

Unfortunately, this is the risk that any driver assumes when they drive without insurance. Of course, we are not in a position to form an opinion in respect to the rights or wrongs of the original case but anyone that drives without insurance puts themselves at risk of financial ruin in the event of an accident.

I am sorry that you find yourself in this situation but I think proper legal advice is what you need right now.

karenh1970

The solicitor in question is dealing with the solicitors instructed by the mib to recover the money....i just want advice on what to expect...for my kids sake..they were youngsters who made the claim..totally all lies..they came to our house after our eldest girl...then threatened her that they would get her dad in big trouble..and they did...they got reward for telling fictional lies and we loose our home..wheres the justice?

karenh1970

All experiences and advice would be greatly appreciated...i hace to go out for a while...but will be back to read all posts and i will reply..thanks for all your posts..please keep them coming...speak later..be back around 3.30pm.

dancook

karenh1970 wrote: »

Thats more than our mortgage..we could never afford that amount

I don't know if you've done the figures, and I hope this can serve to help and not stress you out further.

If your property is valued at £100k, and you owe £28k you have £72k equity.

If you had to remortgage, you'd have £15k equity available for a 85% mortgage of £85k.

25 years @ 3.5%
Monthly Repayment: £425.53
Monthly Interest only: £247.92

I'm not saying you will have to remortgage.

I just hope that if you can manage this as your worst case scenario you can feel a little better. I hope it doesn't have to come to this, good luck.

gardenlady_2

Hello and so sorry you are in this situation.

I agree about trying to remortgage if you can.

There is a website called Leagle Beagle which ha sa forum like this one. Maybe post your situation on there as well? There are lots of helpful people with specifically legal knowledge on there, and it will double your chances of finding information.

Good luck with it all.

McKneff

Have you thought about selling your house, paying the mortgage off, and the debt, and rent for a while till you get your heads sorted out.

karenh1970

yes we have...just didnt want to uproot kids...this house was meant to be their inheritence.

matttye

Did he receive a criminal conviction or was it a civil case that decided the youngsters were right?

The reason I ask is that the burden of proof is different.. ("beyond reasonable doubt" in criminal courts and "balance of probabilities" in civil courts).

There must have been evidence that lead to the decision, it can't have just been the tale told by some kids.

Did your daughter give evidence to say they threatened to get your husband in trouble?

I think you should be looking at appealing this... but you'll need to go through everything with a fine-toothed comb. Yes you have a lawyer but your lawyer is probably representing hundreds of other clients at the same time. You can devote a lot more time to the case than a lawyer.. sad as that sounds.

olivia84

hi, sorry if this is totally irrelevant.

my partner was involved in a car accident in 1996, when he was 20, young and daft and was not insured for an escort xr3i. he was driving one night when another boy racer in an escort rs2000 came up behind him and challenged him to a race! my boyfriend was ahead of him and skidded on black ice, hit the crash barrier and then the other man hit him. both cars were written off (well bf lost his anyway due to no insurance) we had to pay the council £800 for the damage to the crash barrier (don't know if this was the full amount or just his share, if the council maybe claimed some from the other guy's insurance)

anyways, bf went to court and received 6 points and a fine for no insurance and a few months later received a letter from MIB (to a house across the street, so they didn't even have his correct address) asking him to get in touch. we just assumed that it was a personal injury claim or something and basically told them to raffle and that my partner had been given the nessecary punishment by a court of law and that the other guy should seriously consider his actions leading up to the crash.

we never heard another thing from them.

i don't know how big and powerful this company are, but surely your husband served his punishment from the judge regarding the ciminal side of things. and surely these kids' insurance would have paid them out for their side of things? i understand that MIB supposedly pay compensation to 'victims' where the other party is uninsured, but surely their insurance comapny would have done that?? that's what we pay insurance for and that's supposedly one of the reasons why insurance premiums are going up, because insurance companies are paying out more for accidents caused by uninsured drivers??? why are 2 companies paying out to these kids?

and anyways, if the judge at the original case awarded them compensation, why did MIB pay it? why didn't they give you the chance to pay it yourself, you may have been able to raise the funds yourself without involving them.

i know others may say this is irresponsible, but i'd seriously consider ingnoring them. if MIB do have the law on their side then it will eventually go to court and a judge will decide the outcome and you'll be able to tell your side of the story. after all, they are just another creditor now.

ach i don't know, i may just be talking nonsense but the whole story seems very unfair.