Cabot financial Belgard solicitors

Quackster

Jim2007 wrote: »

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....

Signatures haven't been taken for the past year. The delivery agent themself signs on delivery of the letter/parcel (supposedly in the presence of a person to receive said mail but I've had signed-for mail just popped in my letter box in this period and I doubt I'm the only one).

https://www.anpost.com/covid-19/mails-parcels-services

Squiggle

Y2K2021 wrote: »

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.

Successfully defending the claim doesn't make the debt disappear, and has adverse implications for your credit record, but without a judgement Cabot can do nothing to enforce the debt. It probably won't stop them trying to get a few bob out of you though and, down the line, they may offer you a discount to close the account and mark the account settled on the CCR with a balance of Nil.
I saw this happen in a case recently where a 70% discount was offered, and it came long after the notice of discontinuance was issued by Cabot solicitors, which was issued when it was pointed out that the matter was statute barred and that costs would be sought by the defendant if the matter proceeded to a pointless hearing in court.

Also worth noting that if Cabot issue a notice of discontinuance, on the basis of what I suggested you do in my earlier post, they cannot reinstate proceedings without covering your costs of dealing with this claim notice.

Jim2007

Y2K2021 wrote: »

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.

Then let sleeping dogs lie.

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 barred defence.

Wasphead

Speaking from experience dealing with Cabot/Belgard. The "claim notice" will make accusations against you, "failed to engage"and so on.
Now you need to find out if the "claim notice" is legitmate, most likely it is as Cabot are now regulated by the central bank. But check anyway with the court where the claim notice came from.
If you decide to not counter the claim notice then Cabot may push ahead and get a judgement against you.
That will entitle them to pursue you for payment by other means.
Now if you want to put forward a defense, of any kind, including "Statute Barred" you must issue a "notice to defend" against their claim. You must state your defense, ie "Statute Barred".
This then puts the ball back in Cabots court and they must decide if the want to go into court and make their claims in front of a judge. The judge then decides if your defence is to defeat their claim, or not.
Do not contact Cabot directly by phone. Letters only. But in this case, decide if you want to defend their claim against you first. That's the important thing to decide now.
I issued a "notice to defend" to the court and to Cabot/Belgard. They never proceeded. They have since offered a 50% discount, and subsequent to that, a 70% discount on the outstanding amount. Hopefully you'll sort it.

Y2K2021

Wasphead wrote: »

Do not contact Cabot directly by phone. Letters only. But in this case, decide if you want to defend their claim against you first. That's the important thing to decide now.
I issued a "notice to defend" to the court and to Cabot/Belgard. They never proceeded. They have since offered a 50% discount, and subsequent to that, a 70% discount on the outstanding amount. Hopefully you'll sort it.

My plan would be to defend and use statute-barred as my defence and then I would like to try to do a deal with them to clear the debt as soon as possible. Can I ask how long after you issued the notice to defend did they write to you looking to settle the debt?

I confirmed with the court office the "claims notice" is genuine so my plan now is to complete the Appearance and defence paperwork. The courts advised me to send them two copies and they will keep one on file and send me one stamped copy back. Do I need to send Cabot a copy of what the courts send me back or just go ahead and send them a copy of Appearance and defence form No 42.03 also?

If anyone is familiar with the appearance and defence form just to confirm I'm filling out pages 1,3 & 4 and page 2 is the court clerk?

Thanks in advance.

Wasphead

Y2K2021 wrote: »

My plan would be to defend and use statute-barred as my defence and then I would like to try to do a deal with them to clear the debt as soon as possible. Can I ask how long after you issued the notice to defend did they write to you looking to settle the debt?

I confirmed with the court office the "claims notice" is genuine so my plan now is to complete the Appearance and defence paperwork. The courts advised me to send them two copies and they will keep one on file and send me one stamped copy back. Do I need to send Cabot a copy of what the courts send me back or just go ahead and send them a copy of Appearance and defence form No 42.03 also?

If anyone is familiar with the appearance and defence form just to confirm I'm filling out pages 1,3 & 4 and page 2 is the court clerk?

Thanks in advance.

I think they have 12 months in which they must seek a date for a court appearance. After that they must issue a new claim notice. Something to that affect.
So it would have been well over a year.
Cabot Assets notified me they were passing the debt to Cabot financial who are now the regulated buisness.
Cabot financial sent a letter stating my account with them was oustanding by X amount.
Then the wonderful offer of 50% discount comes, or, of course they may take me to court.
Then the wonderful offer of 70% discount comes, or , they may take me to court.
I'm well overdue a letter of some sort. I think they have to send you a statement of account every quarter according to the CCR.

You should send Cabot/Belgard a copy of all your paperwork. I was told everything in triplicate. Your copy, Cabots copy and the courts copy.
You're basically doing the opposite of their claim notice with your notice to defend.

jayjay2010

Wasphead wrote: »

I think they have 12 months in which they must seek a date for a court appearance. After that they must issue a new claim notice. Something to that affect.
So it would have been well over a year.
Cabot Assets notified me they were passing the debt to Cabot financial who are now the regulated buisness.
Cabot financial sent a letter stating my account with them was oustanding by X amount.
Then the wonderful offer of 50% discount comes, or, of course they may take me to court.
Then the wonderful offer of 70% discount comes, or , they may take me to court.
I'm well overdue a letter of some sort. I think they have to send you a statement of account every quarter according to the CCR.

You should send Cabot/Belgard a copy of all your paperwork. I was told everything in triplicate. Your copy, Cabots copy and the courts copy.
You're basically doing the opposite of their claim notice with your notice to defend.

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

Wasphead

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

I'm not entirely sure what way they would attempt to do to push the judgement order.
They want cash the easy way. Getting her couch and TV isn't really cost effective i imagine.
I'm guessing they would get her to agree a payment plan, and that would have to be based on a statement of means. So if she's earning a hundred grand a year, they'll seek a chunk of that until the debt is paid, or if she's on minimum wage they'll want a smaller piece of that pie over a longer period and they would probably harass her regulary for extra money.
If she were to go to court, then the judge would decide her payments based on her means. Hope that helps.

Squiggle

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

No that won't happen. A judgement just gives legal recognition to the debt and, if granted, will allow Cabot to enforce the judgement and they would have 12 years to do so. Incidentally there is no point defending a claim notice unless you have a valid defence. If, after a judgement is granted to Cabot, the debtor can't agree a repayment schedule with Cabot then Cabot would have to go to the district court to try and get an installment order against the debtor. No judge will make you pay what you can't afford and will base it on your means. I've seen judges award very small installment orders against debtors over the years, and in some cases where welfare was the only source of income, no installment order was granted.

Darc19

jayjay2010 wrote: »

Just a query as a family member is going through the exact same thing at the moment. Her debt is approx 7k, however she does not own any assets (no house, car etc). If a judgement is put against her, what is the worse thing that can happen seeing that she doesn't own any assets? They are hardly going to knock on her door and repossess her couch and TV are they? TIA

I'd try as much as possible to do a deal if she plans to get any form of credit in the next few years.

This includes mobile phone, electricity, car loan, credit card, mortgage etc. They all check out the credit worthiness of customers.

scotties11

A friend of mine owed MBNA credit card 6000 Euros since 2012,the last time He payed them was july 2012,Cabot have took over the dept,they have been sending him letters since 2015 for him to pay them the dept or they will take him to court, he has just ignored them,they have even offered him 50% off,can they still take him to court its over 9 years since he payed anything due to a long term illness.He received a letter this week from Cabot asking him to update his account ie his address/ date of birth/bank details /etc.he will not be replying to them.

Jim2007

https://www.boards.ie/discussion/comment/117920794#Comment_117920794

Yes they could take you to court, whether they decide that it is worth while to do so, is only something they know. If they do take you to court, then you can use the defence that it is statutory barred. And it will have to be adjudicated on as to whether it is or not. Just because someone does not pay their debts for six years does not make it statutory barred, the circumstances and the behaviour of both parties will have to be examined.

They may also just decide to just sell the debt on to someone that is more motivated to collect the debt. Again that is something only they will know.

The other aspect to consider is that the financial institution to whom the debt is due is obliged to report it to the Central Credit Register until such time as the matter is settled regardless of how long that period is, so it can have an impact on the decision to grant mortgages, loans and other forms credit.

scotties11

https://www.boards.ie/discussion/comment/117920879#Comment_117920879

Thanks Jim for your comment,but the way you worded it I think you work for cabot.looking at the rest of your comments.

Jim2007

https://www.boards.ie/discussion/comment/117950965#Comment_117950965

Sorry that you did not get the comments you expected, but expecting that someone will not be motivated to attempt collecting 6000 Euros is not realistic. And no I don't work for Cabot nor anyone else for that matter.