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Cabot and Belgard solicitors

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  • Registered Users Posts: 3,463 ✭✭✭vandriver


    CD2017 wrote: »
    Hi guys it’s been a long time since my last post but out of the blue I received a letter from Cabot today stating it’s a “final attempt” to resolve the matter. They also state they are willing to discuss the repayments being made on a reduced basis. They said they will ask a judge to register a judgement mortgage against my property (I don’t own a house and the debt is registered to my dads address) They have also threatened to send the sheriff to my address to reclaim the debt - Wow! They said it’s in my best interest to clear the debt!
    A year ago I asked for “all information” they hold to be sent to me and they had nothing besides their own letters, nothing from the original lender etc... how can they proceed to court without the information? I’m sure they don’t have it as I sent the €6.35 and did the full request!

    Really don’t need this right now, this letter was really threatening. Any advice would be welcome please and thanks x
    It's a template letter.Nothing personal.Its a last gasp attempt to scare you into paying.They can't 'send the sheriff' without a judgement.
    It's a process called dunning.


  • Registered Users Posts: 63 ✭✭CD2017


    vandriver wrote: »
    It's a template letter.Nothing personal.Its a last gasp attempt to scare you into paying.They can't 'send the sheriff' without a judgement.
    It's a process called dunning.

    Thank you for your reply, anxiety at an all time high so your response is really appreciated. I think I’ll ignore this one x


  • Registered Users Posts: 1,225 ✭✭✭JCDUB


    Ignore the letter CD. They are simply trying to strongarm and frighten you into paying with this last gasp attempt which has no legal foundation.

    You contacted them looking for information and they couldn't reply because they have none.

    Please try to forget it and look after your mental health. That's the priority here. Be kind to yourself and try not to worry.


  • Registered Users Posts: 63 ✭✭CD2017


    JCDUB wrote: »
    Ignore the letter CD. They are simply trying to strongarm and frighten you into paying with this last gasp attempt which has no legal foundation.

    You contacted them looking for information and they couldn't reply because they have none.

    Please try to forget it and look after your mental health. That's the priority here. Be kind to yourself and try not to worry.

    Thank you you’re very kind. They are an awful bunch to have any dealings with, I feel very sorry for anyone who may not have any support or isn’t aware of forums like these. This would really effect me if I hadn’t had logical people to speak to


  • Registered Users Posts: 34 al30


    CD2017 wrote: »
    Thank you you’re very kind. They are an awful bunch to have any dealings with, I feel very sorry for anyone who may not have any support or isn’t aware of forums like these. This would really effect me if I hadn’t had logical people to speak to

    Very glad to see this thread as husband received letter from them today for a tesco credit card debt which they say is 490. We dont know how much the debt is as it was six years ago. Husband rang them and said we have heard nothing from tesco for nearly six years. They said they would look into it and get back to us. Enclosed in the letter was a letter from tesco telling him they were moving the debt to cabot


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    This post has been deleted.

    Does it not require an acknowledgement in writing or a payment towards the debt to start if off again?


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    CD2017 wrote:
    Thank you you’re very kind. They are an awful bunch to have any dealings with, I feel very sorry for anyone who may not have any support or isn’t aware of forums like these. This would really effect me if I hadn’t had logical people to speak to


    Again send them a letter requesting all information you previously asked for. Again under no circumstances acknowledge a debt. It's scare tactics don't fall for them.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 2,127 ✭✭✭piplip87


    They can pursue a debt after 6 years, It cannot go legal though I would ignore it, block their numbers on your phone and send letters back as return to sender.

    Its a last ditch attempt to get you to pay up, don't even open the letters. All the scare tactics in case is just to get you to pay up.

    If you want to pay it off though offer them 50% to get them off your back


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 2,127 ✭✭✭piplip87


    There is nothing to stop them going legal after 6 years. There would be a statutory defence under the Limitation Act available. That is if the defendant is aware of it.

    Yes any reasonable person would take any serious threat of legal action to a solicitor, they solicitor would inform them of the statue of limitations. The debt companies won't take the risk of going legal for 500 odd quid unless they are 100% confident of winning, and the debtor has ability to pay judgement plus costs


  • Registered Users Posts: 3,897 ✭✭✭yosser hughes


    al30 wrote: »
    Very glad to see this thread as husband received letter from them today for a tesco credit card debt which they say is 490. We dont know how much the debt is as it was six years ago. Husband rang them and said we have heard nothing from tesco for nearly six years. They said they would look into it and get back to us. Enclosed in the letter was a letter from tesco telling him they were moving the debt to cabot

    Does your husband actually owe the debt? Or is this an error?


  • Registered Users Posts: 34 al30


    Yes he does. Back about 6 years ago he spoke to them about it and they said they would get back to him and not heard anything until now. he has cancer now and is not able to work and not entitled to anything because I work so I guess I will be the one paying it off.


  • Registered Users Posts: 34 al30


    This post has been deleted.

    No Fred he didn't acknowledge it. Told them he has had no dealings with Tesco in six years so will wait until they come back to us.


  • Registered Users Posts: 3,897 ✭✭✭yosser hughes


    al30 wrote: »
    Yes he does. Back about 6 years ago he spoke to them about it and they said they would get back to him and not heard anything until now. he has cancer now and is not able to work and not entitled to anything because I work so I guess I will be the one paying it off.

    I'd pay it then,if you have it and save yourself the inevitable stress that comes with dealing with these people.
    Life must be difficult enough for you right now.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    I'd pay it then,if you have it and save yourself the inevitable stress that comes with dealing with these people. Life must be difficult enough for you right now.


    Why pay it when the law states otherwise. Block their number and bin any correspondence. No stress at all.


  • Registered Users Posts: 3,897 ✭✭✭yosser hughes


    Hitman3000 wrote: »
    Why pay it when the law states otherwise. Block their number and bin any correspondence. No stress at all.

    Because they do owe the money.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Because they do owe the money.


    Over 6 years they don't. Read up on the relevant law it has already been referenced several times on this thread. Btw they don't, the original debt was her incapacitated husband not hers.


  • Registered Users Posts: 3,897 ✭✭✭yosser hughes


    Hitman3000 wrote: »
    Over 6 years they don't. Read up on the relevant law it has already been referenced several times on this thread. Btw they don't, the original debt was her incapacitated husband not hers.

    I am aware of the law and the terms if it being statute barred.
    However this does not negate the fact that the money was borrowed and will not prevent Cabot from pursuing and pestering.
    I sm simply being pragmatic. Letters can be ignored of course but it won't reduce the stress


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  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    I am aware of the law and the terms if it being statute barred. However this does not negate the fact that the money was borrowed and will not prevent Cabot from pursuing and pestering. I sm simply being pragmatic. Letters can be ignored of course but it won't reduce the stress


    Actually if she ignores Cabot they will eventually stop. Bin the letters and block the phone number. The likes of Cabot can only pester once the 6 years has passed. Pursue, how?


  • Registered Users Posts: 179 ✭✭RTighe


    al30 wrote: »
    Yes he does. Back about 6 years ago he spoke to them about it and they said they would get back to him and not heard anything until now. he has cancer now and is not able to work and not entitled to anything because I work so I guess I will be the one paying it off.

    i've dealt with cabot in the past chasing fraudulent claims (claiming I owed monies that were already paid), Even when proven that i did not owe the debt they became aggressive and abusive.

    The calls stopped when i told them that all calls were recorded and unless they answered my security questions i would not deal with them over the phone as they cannot prove who there were

    The above is a favourite tactic of theirs that i used against them

    and as mentioned they are just glorified bullies and liars. your debt is with Tesco not Cabot. I would suggest that you get in touch with Tesco direct and see if something can be arranged.

    I hope you get the situation resolved and with as little stress as possible

    Rob


  • Registered Users Posts: 1,783 ✭✭✭GoneHome


    [QUOTE=RTighe;106212555 I would suggest that you get in touch with Tesco direct and see if something can be arrange[/QUOTE]

    But by doing this would you be reactivating the six years statute of limitation?


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    RTighe wrote:
    and as mentioned they are just glorified bullies and liars. your debt is with Tesco not Cabot. I would suggest that you get in touch with Tesco direct and see if something can be arranged.


    Tesco has sold on the debt to Cabot, they will just them to Cabot. Best they just ignore all correspondence both written and verbal with this outfit.


  • Registered Users Posts: 1,783 ✭✭✭GoneHome


    Have Cabot successfully brought any cases like this to court e.g. unpaid credit card or utility bill, is there anywhere to find details of these court cases/outcomes?


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    Hitman3000 wrote: »
    Tesco has sold on the debt to Cabot, they will just them to Cabot. Best they just ignore all correspondence both written and verbal with this outfit.

    Unlikely to have actually sold and assigned the debt.
    GoneHome wrote: »
    Have Cabot successfully brought any cases like this to court e.g. unpaid credit card or utility bill, is there anywhere to find details of these court cases/outcomes?

    They do, albeit usually only for four figure amounts as there is a cost inherent. Cases at that level are not published unless a local newspaper bothers - and all they care about are criminal ones really.


  • Registered Users Posts: 34 al30


    I'd pay it then,if you have it and save yourself the inevitable stress that comes with dealing with these people.
    Life must be difficult enough for you right now.

    Yeah probably will pay it but might wait to see what they come back with first. Might be cheeky and offer a reduced amount


  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    al30 wrote: »
    Yeah probably will pay it but might wait to see what they come back with first. Might be cheeky and offer a reduced amount

    Don't offer them anything even a reduced amount.

    The more you engage with them the more they think they have a chance of getting money out of you.

    The debt cannot at present be chased through the courts and the debt collectors know that. Now that you have contacted them they will ramp up the dunning for a bit to try and push you towards paying. You don't have to call them or correspond with them in any way just tear the letters up without opening them.


  • Registered Users Posts: 1,783 ✭✭✭GoneHome


    al30 wrote: »
    Yeah probably will pay it but might wait to see what they come back with first. Might be cheeky and offer a reduced amount

    The advise seems to be if you feel you must pay something to get rid of the debt then offer them (Cabot) 10% and they'll come back saying they'll accept 20/25%. By no means offer to pay the full 100%, remember they have probably bought this debt from the credit card company for 10%!


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  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    GoneHome wrote: »
    The advise seems to be if you feel you must pay something to get rid of the debt then offer them (Cabot) 10% and they'll come back saying they'll accept 20/25%. By no means offer to pay the full 100%, remember they have probably bought this debt from the credit card company for 10%!

    But the problem is that if you offer anything then you are opening yourself up to being chased for the whole amount.

    I would be interested to know if a court would even allow the case to be filed if the debt was over 6 years old?


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