Cabot financial Belgard solicitors

Hannamay

Thank you Darc 19 for reponding.

Dec 2013 was absolutely the last communication when I made an offer. I cannott really afford it right now (long term illness) and to the wire with any extra funds for another bit. I am not denying the debt and may be able to cut a deal and reduced amount in circa 12 months but not before then.

Can you explain this request for 'proof of creditors outstanding' is this a ploy to start the six year cycle again? why ask me would they not have that information? or is it a possible fishing expedition? from some information to hand as the amount is correct.

Interestingly am not on ICB - just checked over the past few days - can they (Cabot) do it now? - it should have been done by Avant - am I right?

I appreciate the suppourt.

Darc19

Yes, if you respond you are acknowledging the debt.

Whilst I don't condone ignoring debt, sometimes the personal situation makes it the better option.

I don't think you have anything to lose by ignoring it and try and string it out til December.

Don't accept any registered letters and don't reply to anything.

Hopefully they have so much on their plate and your debt is under €5k that they don't assign it any priority.

If they do go to court you can then offer a payment plan and better still, court debt has max interest rate of 2%

Hannamay

Thanks Darc 19 - that is solid advice. The debt is €7k and I will remain off the radar until after December.

I can honestly use the 'humane' card (no pun intended). At least if its SB and I can then also provide enough material for a thesis on medical grounds (bills) not that I envisage Cabot to be very sympathetic to any human being.

I am still wondering if they (Belgrade) were on a fishing expidition on writing to me or are the loans just rising to the surface with the changeover between the two 'Cabots'? as they asked ME for the information - sorry thats not my job!! right ?

Just to clarify if I am hassled will I go for a 'subject data access' to buy more time or just send a rotweiler of a solicitor to argue the SB as a stand-alone if in court? I know this is not legal advice but appreciate the mindfield of knowledge on this platform. Many thanks Darc 19.

Darc19

Don't make any contact unless it's a summons.

They are well within their rights to move the loan to any company they wish. (written in all loan contracts)

Just keep the head down.

Remember that the statute of limitations is a defense, not an automatic clearing of the debt.

So they could write to you in 20 years time if they wish, but could not take legal action.


One thing to watch for. The new company possibly is the one that is registered to the credit register. This means that the debt may show up on future loan application searches. If thinking you may need a loan in future, maybe join a credit union now to build a record.

Hannamay

Thank you Darc 19 - I will take your advice regarding the credit union and will start to work on that element for now.

Your advice has calmed me down - I am a lot more wise now and bless you.

noel.t

Any more info on this? I received a claim notice from Belgard yesterday. it's for a 12k debt going back to 2007. The last engagement I had with the was 2014 and I've stopped paying and ignored them since. Im going to dispute this as I know they paid pennies for the debt.

What will I write as my grounds of defense? any help would be greatly appreciated

Jim2007

noel.t wrote: »

Im going to dispute this as I know they paid pennies for the debt.

Irrelevant, will not be entertained by the court.

noel.t wrote: »

What will I write as my grounds of defense? any help would be greatly appreciated

Whatever the actual grounds were. Remember you will need to be able to substantiate it.

leeald

Just wondering has anyone ever got a claims notice from belgard ? Is this a legitimate document looks like facimile but presented as a legitimate document? How has anyone faired out after receiving this? Any sound advice would be very welcome Thank you Lee

Wasphead

leeald wrote: »

Just wondering has anyone ever got a claims notice from belgard ? Is this a legitimate document looks like facimile but presented as a legitimate document? How has anyone faired out after receiving this? Any sound advice would be very welcome Thank you Lee

You would need to go to the courthouse and ask them to be sure that it's legitimate.
It probably is legit, but Belgard have been known to issue false ones from what I can gather.
Which is likely to be an offence under the "Non-fatal Offences Against The Person Act 1997" Section 11. (d) the person utters a document falsely represented to have an official character.

I have received a claim notice, to which I gave "Notice to Defend". Nothing has happened yet.

leeald

Wasphead wrote: »

You would need to go to the courthouse and ask them to be sure that it's legitimate.
It probably is legit, but Belgard have been known to issue false ones from what I can gather.
Which is likely to be an offence under the "Non-fatal Offences Against The Person Act 1997" Section 11. (d) the person utters a document falsely represented to have an official character.

I have received a claim notice, to which I gave "Notice to Defend". Nothing has happened yet.

Cheers, called the court advised is legitimate. I had seen where known to issue false ones so why I asked before called to check. Was that long ago thst you issued notice to defend? Cheers

Wasphead

leeald wrote: »

Cheers, called the court advised is legitimate. I had seen where known to issue false ones so why I asked before called to check. Was that long ago thst you issued notice to defend? Cheers

Close on to 2 years ago now. They have been in contact with me since as they are now regulated. I expect to hear more from them in the not too distant future!:D

leeald

Wasphead wrote: »

Close on to 2 years ago now. They have been in contact with me since as they are now regulated. I expect to hear more from them in the not too distant future!:D

Thank you for your help. Does notice to defend acknowledge the debt and start the 6 year clock again ?

Wasphead

leeald wrote: »

Thank you for your help. Does notice to defend acknowledge the debt and start the 6 year clock again ?

That I don't know for sure, but part of your defence would be that it's statute barred, the judge would then decide if it is or isn't, if it's over 6 years. So resetting the clock wouldn't really matter anyway because the judge will decide what happens if it gets to court. Hope that makes sense.

leeald

Wasphead wrote: »

That I don't know for sure, but part of your defence would be that it's statute barred, the judge would then decide if it is or isn't, if it's over 6 years. So resetting the clock wouldn't really matter anyway because the judge will decide what happens if it gets to court. Hope that makes sense.

I get what you mean cheers for your help hopefully works out in your favour.

longzer12

Hannamay wrote: »

Hi there, have just tuned into this most informative post. I have an outstanding CC debt with Avant who didnt respond to efforts of negotaion - this was a non payment for 3 months due to serious illness and I made numerous attempts to freeze the interest and to pay back by instalments - all five letters to Avant were ignored. They then handed over to Cabot in 2013 and I was subjected to verbal abuse and harrasment I engaed a solicitor to quieten them and above all we then also failed to set out a repayment strategy from my humble offering of €20PM. I have heard nothing since then until now: I have received a correspondence from Belgarde for proof of creditiors recorded at (the amount) outstanding and to provide the office (Belgarde) with the 'information'. I would appreciste some feedback on my tactic as I envisge that the debt is statute barred and that they are tring to get me to acknowledge same and to start the process - am I correct? Will I ignore and if they come back to then begin the 'subject data access process'? Why are they asking me for proof of creditors? I am obliged.

Can i ask did anything happen further about this? I had the same problem with avantcard, i owe €8000 but they would not accept a payment plan. I have since been contacted numerous times by cabot and now belgard solictors. A letter came today saying i have 4 days to reply or i will be going to court and they can take my personal belongings etc. Im really scared now im not responding to them as i don’t want to get myself in more of a mess

vandriver

longzer12 wrote: »

Can i ask did anything happen further about this? I had the same problem with avantcard, i owe €8000 but they would not accept a payment plan. I have since been contacted numerous times by cabot and now belgard solictors. A letter came today saying i have 4 days to reply or i will be going to court and they can take my personal belongings etc. Im really scared now im not responding to them as i don’t want to get myself in more of a mess

There are 4 day letters,7 day letters,letters offering to settle for half...all sorts of letters.
It's a process of escalating threat letters meant to induce fear and panic.Its called dunning.
They can't take your belongings without a court order and an application to the sheriff.
I don't think the sheriff bothers much with private homes,as there's usually nothing that would raise much cash at auction.

bleaks

I settled a CC debt of just over 1k with Cabot at the end of 2016 for slightly less than the full amount as that's what they offered for a cash settlement to clear the debt.
I recently ordered an ICB credit report and the remainder of the debt still appears on it to this day even though I was under the impression from both the bank and Cabot that this debt was cleared.
I will soon be applying for a mortgage after being almost 5 years debt free but this credit report with the balance of three hundred euros showing is worrying, even though I cleared the credit card debt as soon as I could.

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

I'm almost there, so would I be best off waiting until the full 5 years has passed from when I had settled the debt before putting in a mortgage application?

Darc19

bleaks wrote: »

I settled a CC debt of just over 1k with Cabot at the end of 2016 for slightly less than the full amount as that's what they offered for a cash settlement to clear the debt.
I recently ordered an ICB credit report and the remainder of the debt still appears on it to this day even though I was under the impression from both the bank and Cabot that this debt was cleared.
I will soon be applying for a mortgage after being almost 5 years debt free but this credit report with the balance of three hundred euros showing is worrying, even though I cleared the credit card debt as soon as I could.

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

I'm almost there, so would I be best off waiting until the full 5 years has passed from when I had settled the debt before putting in a mortgage application?

Nope, the written off balancestays on it for the 6 years. Terribly unfair and should be changed.

In any case, the non payment of the card would also stay for 6 years, so 2022 should see the record cleared

Jim2007

bleaks wrote: »

Anyone know if this balance is a mistake, or is it a case of even though it was settled for less, the full amount is still somehow owed?

Nobody here can answer that question, all we have to go on is your comments.

Do you have documents stating that your payment was in full and final settlement of the outstanding balance? You should contact the lender and get the issue resolved.

You should also be aware the more reliance is placed on the CCR report these days as it provides a more comprehensive coverage of your credit status.

Jim2007

Darc19 wrote: »

Nope, the written off balancestays on it for the 6 years. Terribly unfair and should be changed.

In any case, the non payment of the card would also stay for 6 years, so 2022 should see the record cleared

It really does no matter any more because all statute barred debt must be included on the CCR submission by the reporting institutions and it will remain there until 12 months after the debt is settled.

bleaks

Thanks folks, to be honest it was quite unfair how the debt to cabot unfolded to begin with. The bank had been making a killing off me in interest payments for years. I think I missed two months minimum payments after losing my job and then I was expected to pay the full amount of the credit card (which I didn't have) and this full debt was then quickly passed on to cabot within the space of about 3 months. I hate to think thousands of people will suffer a similar fate now due to covid job loss, etc. My advice is to engage and work out payment plans with the bank before they sell off the debt.

So would I be correct in saying this couldn't be held against me for mortgage/loan apps after the 6 years has passed?

Jim2007

bleaks wrote: »

Thanks folks, to be honest it was quite unfair how the debt to cabot unfolded to begin with. The bank had been making a killing off me in interest payments for years. I think I missed two months minimum payments after losing my job and then I was expected to pay the full amount of the credit card (which I didn't have) and this full debt was then quickly passed on to cabot within the space of about 3 months. I hate to think thousands of people will suffer a similar fate now due to covid job loss, etc. My advice is to engage and work out payment plans with the bank before they sell off the debt.

Financial institutions are commercial organizations not charities and there is no reason why they should have to take a hit because you are unable to meet your contractual obligations, you ran up the credit and agreed to pay interest on it. Furthermore a large chunk of these institutions are owned by the taxpayers, pension funds, public bodies, charities and small investors, in other words your fellow citizens, none of whom should have to take the hit.

So would I be correct in saying this couldn't be held against me for mortgage/loan apps after the 6 years has passed?

In accordance with the EU directive as implemented, all unsettled debt will continue to be reported on the CCR report until 12 months after it has been settled. Even if it is statute barred. (See other threads on the topic)

It is up to the individual institutions to decide how they use this information. But it is unlikely they will be excited to lend to someone with outstanding debts. It goes directly to your ability to meet the repayments.

But as you have already said you settled this debt, it should just be a matter of contacting Cabot and getting them to correct the report. So where is your issue?

Y2K2021

Hi All,

I had a long and hard read over this form as I have received a "claim notice" from Cabot Financial (IRELAND) Limited.

Long story short took a loan out in 2006 last payment made to them was in 2013 and the amount outstanding is 5.5k. The address they had for me was an old family home that is still owned by the family but no one lives there.

A registered letter was sent to that address but the postman decided to give it to a family member at another address and they assumed the postman signed their name for it because they didn't he just handed it to them as they were on the phone.

The letter has made its way to me now so I'm up to speed and I imagine they sent other letters to me but they would have never got to me as no one checks the mail at that address.

I'm wondering if the statute-barred route is the best route for me to take now? I been living abroad for years until last year and will be moving back next year again and I like to try to resolve this while I'm in the country.


Thanks,

Jim2007

Y2K2021 wrote: »

Long story short took a loan out from GE in 2006 last payment made to them was Dec 2013 and the amount outstanding is 5.5k. The address they had for me was an old family home that is still owned by the family but no one lives there.

It is entirely your responsibility to keep your address up to date.

Y2K2021 wrote: »

A registered letter was sent to that address but the postman decided to give it to a family member at another address and they assumed the postman signed their name for it because they didn't he just handed it to them as they were on the phone.

Look get real, no postman is going to hand over a registered letter without signature, it's more than their job is worth. Who ever signed for it screwed up and did not hand it over to you. I would strongly advise you to not go down this route. Because if this goes to court, the logical thing is that someone will have to give evidence to support it....

Y2K2021 wrote: »

I'm wondering if the statute-barred route is the best route for me to take now? I been living abroad for years until last year and will be moving back next year again and I like to try to resolve this while I'm in the country.

'Statute barred' is a defense in court, it does not prohibit a debt collector from attempting to recover the debt. It will be up to the courts to decide if the defense will be accepted.


At the end of the day, it really depends on your need for a clean credit record. An unsettled debt will continue to be reported on your CCR until it is settled. It's up to you which way to go.

Y2K2021

Thanks for the feedback.

I just made the point regarding the postman and how I got the letter so to paint the picture about how I came to get the registered letter I'm not using it as a defense.

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

Jim2007

Y2K2021 wrote: »

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

There is no process because there is no such option. Once again, it is defense to be argued in court if the debt collector brings a action to recover the debt. It will be up to the court to decide if your defense succeeds or not.

Be aware that it is very easy to bring a debt into play by engaging the creditor and you will loose the right to the statute parred defense.

Squiggle

The matter is statute barred if you have not acknowledged the debt in writing and signed by you or made any payment in 6 years.

In the first instance write to Cabot's solicitors indicating your intention to defend the claim on the basis that the matter is statute barred and that them pursuing a judgement is pointless and a waste of everyone's time.

Indicate to them that unless you receive a notice of discontinuance from them within 7 days, and they proceed with the case to a full hearing, that you will be applying to the court for costs on the basis that you have already advised Cabot solicitors that the matter is statute barred.

If they don't play ball you can defend yourself:

https://www.courts.ie/what-do-i-do-if-i-am-served-claim-notice

Note this action will affect your credit rating as successfully defending the claim does not make the debt disappear and Cabot will continue to report details of the debt to the CCR.

Y2K2021

Thanks for the info.

This loan has not appeared on any credit check I have done in the past 6 or 7 years but I see when filling out the District Court - Schedule C - Forms it asks for my PPSN number and I'm wondering if I add my PPSN number will this now appear on any credit reports going forward.

Squiggle wrote: »

The matter is statute barred if you have not acknowledged the debt in writing and signed by you or made any payment in 6 years.

In the first instance write to Cabot's solicitors indicating your intention to defend the claim on the basis that the matter is statute barred and that them pursuing a judgement is pointless and a waste of everyone's time.

Indicate to them that unless you receive a notice of discontinuance from them within 7 days, and they proceed with the case to a full hearing, that you will be applying to the court for costs on the basis that you have already advised Cabot solicitors that the matter is statute barred.

If they don't play ball you can defend yourself:



Note this action will affect your credit rating as successfully defending the claim does not make the debt disappear and Cabot will continue to report details of the debt to the CCR.

yosser hughes

Y2K2021 wrote: »

Thanks for the feedback.

I just made the point regarding the postman and how I got the letter so to paint the picture about how I came to get the registered letter I'm not using it as a defense.

Just looking for advice on the process of going the Statute barred route and if it can be done by myself or if only a solicitor can do it.

Have you the money to pay what you owe but just don't fancy paying it?
THis will follow you around until you sort it. The debt being statute barred does not prevent Cabot from registering the debt with the CCR.

Have you checked the CCR as well as the ICB?

Y2K2021

yosser hughes wrote: »

Have you the money to pay what you owe but just don't fancy paying it?
THis will follow you around until you sort it. The debt being statute barred does not prevent Cabot from registering the debt with the CCR.

Have you checked the CCR as well as the ICB?

I checked both and It doesn't appear on either the CCR or ICB.

I'd like to see if I could do a deal with them but I guess my best route now is trying to get it staute barred first then looking to tackle the debt.