Belgard Solicitors District Court Claim

Iseedeadpixels

alig123aileen wrote: »

Cabot Financial /Belgard Solicitors are unregulated so don't come within the remit of the Financial Regulator. AVANT/MNNA were regulated by the Finaincial Regulator . MBNA/AVANT terms and conditions say if they reassign your debt they will guard your rigfhts under the agreement and you wont be at a disadvantage but by transferring it to an unregulated entity they have not safeguarded your rights .I am quite confident you will win this with the regulator and AVAN/MBNA/Belgard Solicitors. (I won my case on this basis) . Cabot/Belgard know this. All Cabot want is to get a commitment from you over the phone on a repayment and when you agree they will hassle you very soon again to up the payment. One option is to write to them and request sight of the deed of assignment made by MBNA/AVANT to them (this is evidence to you that MNBA/AVANT sold the debt to Belgard/Cabot plus ask them to draw up legal contract for you to repay X a wk/month towards the debt (make an offer of a very small payment each week over 20 yrs!) and you will get your solicitor to review. I can assure you the letters and phone calls will stop very swiftly and they will not send you proof of the debt being transferred from MBNA/AVANT to them) . I have personal experience of dealing with Cabot/MBNA/Avant and when challenged by good arguments they always back off. Threaten Data Protection Commissioner on them if you need to - re the passing of incorrect not up to date data on you from MBNA/Avant to Cabot. Belgard are respsonsible for this as the Data Controller.

There are also people on this forum who I helped that will vouch the same as me . Happy to help further if you send me a PM. I don't charge for the service. I see nothing wrong in anybody agreeing a repayment of monies owed its the extortionate penalties and interest that are at the base of this plus the fact you are repaying a completely different unregulated entity that are a shower of cowboys without any legal paperwork in place. Best of luck and please don't worry.

Wish I found you a few years ago!!! So many run ins with Martina in Cabot :pac:

Alfa Mark

€6.35 fee requested. I've sent Cabot a postal order along with the request now.

Alfa Mark

Data from Cabot received. Is there a time limit from when I filed my appearance and defence notice and sent it to Belgard Solicitors for them to follow through on a court date?

Fred Swanson

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Wasphead

Hi Alfa Mark, have you been in contact with alig123aileen? She has some good advice that might put a stop to Cabot.
Did they supply you with the Deed of Assignment? They have that on my Claim Notice as a document they would be relying upon in the court proceedings. But to this date they have never produced it to me. I find that strange.

Fred Swanson

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Wasphead

Yeah, but why not supply it to me before they issue proceedings? Just seems peculiar not too, as I have asked them repeatedly.

Fred Swanson

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Wasphead

Yeah, I've requested it from Avantcard too, so it will be interesting to see if they pass it to me. It all seems so idiotic to me, as I was willing to pay them, just not on their terms.

alig123aileen

Alfa Mark wrote: »

Data from Cabot received. Is there a time limit from when I filed my appearance and defence notice and sent it to Belgard Solicitors for them to follow through on a court date?

Hi there if its the usual court notice that's just a last opportunity for you to put your case to the solicitors Many of these documentss are false and designed to intimidate you into payment. You are completely right to pay them on your terms but they will not put anything in writing they will not send you a contract even if you agreed to pay X per month. If you write to them they probably wil not answer. The most important thing is as outlined in this thread is for them to supply evidence of proof of title and proof that the debt was assigned to them. However I have never seen a case where they supply the actual assignment - only the letter to you stating Cabot were taking over the debt which they say is the deed of assignment but it is not. I wold ask them to supply concrete proof they are now owner of the debt and a letter to you does not suffice. Well done on challenging this sort of nonsense and I hope you get the outcome you want.

Alfa Mark

To update - Letter received from Belgard Solicitors saying they received my notice to defend and that their client Cabot are willing to enter into an arrangement to avoid costs and court. I have 14 days to respond

Fred Swanson

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Wasphead

I received a letter from Belgard acknowledgeing my notice to defend, and they are refering to their client for instruction. I thought their clients instruction was to take me to court!!!
This letter came after I made a complaint to the original company Avantcard. I'm still waiting for clarification on a number of issues with Avantcard regarding thier initial response to my complaint, which was effectively full of what I would calls lies.

Alfa Mark

Wasphead, it's the same letter I received. I wonder if they will bring me to court or if it's just another threat.

Fred Swanson

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Wasphead

Hi Alfa Mark, it seems strange that they are concerned about the costs of taking you to court, all of a sudden. I'm sure you have letters telling you that you would have to bear all the costs associated with them taking you to court.
Are they offering to take what you are willing to give them? Or is it the old fill out this statement of means crap again?
I think Fred Swanson has something when he says the majority of people ignore the claim and they get the judgement by default. Once they have judgement they have a legal standing from my understanding.
I wasn't offered an arrangement by the way, maybe it's on the way!

Alfa Mark

This is a summary of the letter...

Belgard are awaiting further instruction from their client Cabot Asset Purchases (Ireland) Ltd. It is Cabot's intention to set this matter down for trial in due course. However, to keep costs for both parties at a minimum, on a strictly without prejudice basis, they are willing to enter into settlement negotiations. Being willing to enter into an agreement will hold off any further legal action. 14 days to respond or they will proceed as normal.

Fred Swanson

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Wasphead

Seems to be another roll of the dice to me. They've registered a claim, but because they are so reasonable they will give you another chance to capitulate to them!

LouG

Alfa Mark wrote: »

This is a summary of the letter...

Belgard are awaiting further instruction from their client Cabot Asset Purchases (Ireland) Ltd. It is Cabot's intention to set this matter down for trial in due course. However, to keep costs for both parties at a minimum, on a strictly without prejudice basis, they are willing to enter into settlement negotiations. Being willing to enter into an agreement will hold off any further legal action. 14 days to respond or they will proceed as normal.

Just sending you PM

landofthetree

They would bite the hand off the OP for €150-200 a month.

If your finances are in bad shape a judge generally wouldn't force you to pay that much.

landofthetree

Wasphead wrote: »

Seems to be another roll of the dice to me. They've registered a claim, but because they are so reasonable they will give you another chance to capitulate to them!

They know full well the chances are that a judge will only give them a installment order for a small amount eg 50 a month.

nim1bdeh38l2cw

landofthetree wrote: »

They would bite the hand off the OP for €150-200 a month.

If your finances are in bad shape a judge generally wouldn't force you to pay that much.

2 years ago

landofthetree

Lea Silly Sidewalk wrote: »

2 years ago

Just seen that.