HELP! Accused of motoring accident when car was off the road - HELP!?

Question

I have just been contacted by a firm of debt collectors who say they are acting on behalf of the Motor Insurance Bureau.

They say I had an accident 5 years ago, gave my details & that I have since been chased to provide proof of insurance. Although they have given me the correct make, model & reg of the car I owned then, the date they say I had an accident the car was off the road, garaged with a snapped cam belt - couldn't afford the repairs. The address they say I gave was an old address so this is the 1st time I have been contacted and the 1st time I am aware of anyone chasing me.

I have had no accident in the past 5 years insured, let alone uninsured. Where do I stand? The car had been offroad some months, not drivable, not insured. The firm is threatening all sorts & says the onus is on me to prove (5 yrs on) that it wasn't me. Debt collector is trying to serve me a Statutory Demand (?) and has mentioned bankruptcy in their letter. Am really worried & welcome any advice.

I've just been informed that a Statutory Demand is a precursor to making me bankrupt.

The 1st letter I have had in relation to this was this am - the debt collectors had apparently written to an address I've not lived at for 6 yrs. Apparently the police were informed after the accident and wrote to an old address (had moved 6 months before the accident was supposed to have happened) to ask for my ins.docs. Does that have a bearing?

Can they make me bankrupt over something I've not done? Can't speak to the MIB as they sold the debt on.

I've spoken to 1 solictor who says they've not heard of a motor offence going this far and I am scared witless. Has anyone got any good advice/contacts?

Just to reiterate, the person who had an accident gave my name & old address,had a car the same make/colour of the car I had garaged. I have never driven whilst uninsured. I dont know the £'s involved until the notice is served next week.

I've just been informed that a Statutory Demand is a precursor to making me bankrupt.

The 1st letter I have had in relation to this was this am - the debt collectors had apparently written to an address I've not lived at for 6 yrs. Apparently the police were informed after the accident and wrote to an old address (had moved 6 months before the accident was supposed to have happened) to ask for my ins.docs. Does that have a bearing?

Can they make me bankrupt over something I've not done? Can't speak to the MIB as they sold the debt on.

I've spoken to 1 solictor who says they've not heard of a motor offence going this far and I am scared witless. Has anyone got any good advice/contacts?

Just to reiterate, the person who had an accident gave my name & old address,had a car the same make/colour of the car I had garaged. I have never driven whilst uninsured. I dont know the £'s involved until the notice is served next week.

Answer 1

Sounds like a scam to me

Answer 2

Hi, I'm a private investigator and have come across this type of thing before. AndyW is right, people do duplicate the number plates, I have come across a case where someone stole a car, found an identical one and had the same plates made up, then went to the local garage and did a 'petrol run'. Meaning that the owner of the car with the original number plates was contacted by the police as it seemed that they had taken petrol and not paid, not the criminal. In the end, it was proven that the car was not the one belonging to the innocent victim, by cctv. In your case, this must have been done by someone who knew of you, to give your old address.

Also, in any case of a debt dispute, both parties have to make equal efforts to show that the debt is owed. Throw this back at the company, asking to see the proof they have that it was your car. 9 times out of 10, they won't have any (as there cannot be any!) and showing them that you know the law on this normally makes them think twice about taking rash action.

You could also go to the CAB (citizens advice bureau) and call your local police and ask them for their advice. It sounds like it could be a scam or a case of identity theft.

Two points to consider in your favour:
1. If the accident was 5 years ago, why have you only been approached now? Obviously because the person chasing this knows its crap! The longer they leave it, the less evidence they think you'll have. Its not hard to trace someone and doesn't take 5 years normally!!
2. If the reason given is that they have only just found you, they are actually in the wrong for not contacting the police. Their arguement is probably that you committed a hit and run (on a vehicle I assume). This means that legally, they should have contacted the police, as any normal victim of such should do.

Feel free to send me a msg if you want to give some more details, I would be happy to advise you further. From what you say, there should be ways of proving that it was not you, so don't worry so much!. (Easy to say, I know!)

Ria

Answer 3

Claire I have had something similar several years ago, though in my case it was only a parking ticket, two years before. The only thing they had got right was the brand of car, but my car was not a four wheel drive and my car and and I were 1000 miles away at the time.

You read as if you have some kind of documentary evidence that the vehicle was off the road with the snapped belt, maybe a receipt, cheque stub, credit card statement, maybe the worksheet or invoice from the garage where it was fixed. If you can, approach the business. They may be willing to check old records for you. Photocopy documents, have the copies countersigned by a witness and send them to the debt collectors with a covering letter. Ask any reliable person, your boss at work, clergy, friendly neighbor to be a witness. Don't send the originals or they may conveniently vanish. The signature could be something like "I witness that this is a true copy of whatever" signed Joe Bloggs.

In the meantime I think Ria the investigator and most of the other answers are sound. If you hear much more of it it's time to see a lawyer. I have got a feeling that they have chosen you because your name, former residence and brand of car are "close enough". That was the case with my parking ticket.

Answer 4

Are you in the UK ?
I think you need to ask them for more details - where it happened, what time, other party's name, insurance details address, police reports, damage reports, accident diagrams etc.
I actually think that the statute of limitation in this sort of case is less than 5 years but I cannot be sure.
Debt collection agencies don't like being asked for details like this, they tend to back off and let someone else try instead.
They always give lists of dire results if you don't pay - they are trying to frighten you into paying up ( otherwise they don't get paid )

Had similar problem with disputed gas bill, the company sold the debt to about 15 different debt collectors in an attempt to get me to pay ( someone else's bill) they eventually gave up.
If they decide to send a bailiff tell him that you are in dispute - he cannot take any action in this instance as he would be breaking the law if he took anything. ( again it happened to me)

Answer 5

The motor insurance bureau would contact you themselves if there was any dispute, therefore I would write to the company in question and ask them for police proof that there was an accident, then tell them you will be taking legal action against them for harrassment if they cannot come up with the relevent paperwork within 7 days. After all the accident would have been reported to the police surely.

Answer 6

Contact your local Citizens Advice Bureau.
Get them to help you draft a letter direct to the MIB - not to the debt collectors.
Also write to the debt collectors telling them that you are in dispute with the MIB over this issue, and asking them to refer back to the MIB. They will usually not take any action over a debt that is disputed, as they could be held legally responsible for your costs and possible compensation should the MIB not be able to prove your car was involved in the accident.

I had a letter from the MIB a few years ago, claiming my car had been involved in an accident in France, and asking for my insurance details. I wrote back and asked them to check the details as my car had been in Northern Ireland at the time, and refused to supply any further details until they could prove my car was in France. They responded accepting that my car could not possibly have been involved in the reported accident.

Answer 7

hi,i'm uncertain of this in any respect,yet i will bypass on. you assert which you exchanged telephone numbers.you need to have exchanged coverage information. although,have you ever rang the telephone which you have been given.If confident do you have a attractiveness AND handle for this individual. you assert that your automobile inflicted harm to his autos front panel,and tto the bumper. i'm assuming that he became proceeding to tturn precise, for the time of your course. If ,as you have reported the two facets of the line that he became rising from had autos parked on the two facets the he would have been rising from the centre component of his highway.Did you're taking averting action and your offside collided along with his nearside or became he greater out on your highway and your nearside struck his automobile. have been the latter the case then you definately are/have been contained in the incorrect. have been the 1st subject the case then there could be a risk which you have been the injured party.although,as no party suffered harm ( a minimum of you haven't any longer reported so ),and the police weren't in touch,then ,devoid of any witnesess it variety of feels to me tha you need to have a knock for knock subject. i'd nonetheless determine that the different river has given you a appropriate telephone selection,and if no longer alert the police to the actuality. All superb Don (Mackie )

Answer 8

It might be a case of: you have the same name of the one who had the wreck. A collection agency called my son about an apartment lease and he was a child living at home. The sources they use to track down people is very unreliable. Call a lawyer. He can write you a letter to them and they will probably start looking for the RIGHT person. Good luck. It is very irritating.

Answer 9

Chase up the debt collecting firm first, to ensure they are genuine. Then, see if you can find witnesses who can confirm that your car was off the road at the time of the 'accident'.

Otherwise, it seems to me that you will need the services of a solicitor. Good luck!

Answer 10

go to a solicitor quick sharp- get evidence that your car was in a garage i.e receipts- letter from the garage, anything you can- this must be a case of Car cloning- happened to a mate of mine over a speeding ticket but once she proved it wasnt her they stopped the proceedings.
good luck
xx

Answer 11

This sounds like a try-on. Have a word with a solicitor, they'll usually give you an initial intervew free. And the onus is NOT on you to prove it wasn't you, it's on them to prove is was!