Belgard solicitor Central credit re

cabbie04 · 24-05-2022 12:25pm #1

Hi looking for some advice I had a car on finance bk in 2008 I handed it back to them they came after me for 22k for years then stopped got a letter a month ago looking for money again didn't respond to them .I checked the CCR and it's listed as a depth even after all these years oh they also said their taken me to court

Any information gratefully accepted

bennyx_o · 25-05-2022 11:27am

Unless you handed the car back under the 'Half Rule' (and paid half the borrowings) you are still liable for the debt, and it will still appear on the CCR for 5 years after it's paid off in full, even if it's statute barred.

Is the letter advising they're talking you to court form Belgard Solicitors by any chance?

AnRothar · 24-05-2022 1:25pm

2 different things.

First the loan is been recorded correctly as not paid in full, therefore it's a debt recorded on your record.

It will remain as such until 5 years after its paid off.

Secondly if they brought you to court there would be some record of it. Did you receive any legal paperwork or a court date?

cabbie04 · 24-05-2022 1:29pm

Hi no legal process going on just saying that they will

Wouldn't that be stauted barred from doing this

Will this be on my credit report for ever

Thanks

cabbie04 · 25-05-2022 11:25am

Anyone have any advice

Thanks

Allinall · 25-05-2022 11:27am

You should probably get your own solicitor for an amount of €22k.

There's not enough information for anyone here to offer a view.

cabbie04 · 25-05-2022 11:55am

Yes their saying their taken me to court

AnRothar · 25-05-2022 12:30pm

https://www.boards.ie/discussion/comment/119106831#Comment_119106831

Again 2 different things.

Firstly, "statute barred" is a legal defence you MAY be able to use if they actually take you to court.

Successful use of this will depend on a number of factors.

Secondly, the debt remains on your record until 5 years after it is settled.

Depending on your circumstances it may be in your interest to contact the original lender and resolve the outstanding debt.

The 5 year rule will still apply.

Might be an idea to contact MABS and get more specific relevant advice.

cabbie04 · 25-05-2022 12:32pm

Thanks for the info

Claw Hammer · 25-05-2022 4:01pm

They may be hoping you will admit the debt in writing and that will reset the clock. The statute runs from the last acknowledgement of the debt in writing. A statute barred debt can be revived by a written acknowledgement. Be very careful in dealing with people chasing stale debts.

Dempo1 · 25-05-2022 4:17pm

https://www.boards.ie/discussion/comment/119112873#Comment_119112873

I tend to agree and with other opinions on this.

OP, I'd still consider seeking legal advice, any communication from your solicitor can not be used to reset clock re statue barred debt. I'd be very careful about you communicating directly with Belgard, in essence there primary business is chasing debts.

This said because the debt is quite large, they could issue court proceedings, if they do, it's important this is not ignored, in order to lodge a defence of statue Barred, you along with your solicitor must make the case to the court, too many people ignore summons, thinking they don't need to do anything, not so and if Belgard get a Judgement for the debt, they could then get an installment order or worse, register judgement against your property, if you own a home.

Mabs would be an option but only after a judgement is obtained against you, they have no powers to intervene in legal proceedings, can only negotiate on your behalf or advise regarding a Debt.

cabbie04 · 25-05-2022 7:55pm

Thanks guys appreciate it I hadn't heard Anything for 2 years not a letter then last month it started again

Dempo1 · 25-05-2022 8:14pm

https://www.boards.ie/discussion/comment/119113953#Comment_119113953

Possibly because of pandemic. I presume you did not communicate or acknowledge anything when they last communicated 2 years ago 🤔

Do talk to a solicitor ASAP regardless , if anything to be prepared if they decide to issue court proceedings. I doubt you still have a copy of car HP contract but it would be useful to have a copy also. But whatever you do, don't communicate directly with belgard Good luck 👍

cezanne · 25-05-2022 8:25pm

Dont acknowledge or speak to them if by error you answer your phone say you are someone else. Belgard take on a load of these cases on a no foal no fee basis, the debt has been bought by a vulture type entity at a much lower rate ( i.e 12K and then Belgard try to get the full amount ) once the vulture gets his money plus a %, then Belgard take the difference. A lot of the times they lose and they get nothing. So if you are courageous just ignore them never take their calls record the number on the letter on your phone under "dont answer" .They will be persistant for a year or two ignore them several different numbers will be used to get you to admit you owe them money but you dont they are just vultures and if you can ignore them they actually go away. Also they keep threatening you and making it look like they will get you in 7 days they are relying on fear just ignore them i did. They never do anything they just try to intimidate you with letters & every so often they get a gullible who pays up or admits the debt and restarts the clock . I got thsi advice from my own solicitor and he was right .

Dempo1 · 25-05-2022 8:32pm

https://www.boards.ie/discussion/comment/119114119#Comment_119114119

All probably fair , I'm aware of their reputation albeit not personally. It's likely Cabot purchased the debt but I again reiterate to OP , not to ignore a summons if Belgard go that route and I fear they might as the Debt is quite high . Smaller Debts may not be pursued in the courts but regardless, the Debt will remain on a credit report if not paid off indefinitely.

macvin · 25-05-2022 9:02pm

Where do posters get the view that belgard/vulture funds have bought the debt?

My guess is that it is based on absolutely nothing.

Belgard offer a debt recovery service to banks and funds. AIB are a primary client.

The will do deals, but it's the bank writing it off.

But until you sort it out it is on your record and you will be unable to get credit from a bank.

They will settle for about 10-12k

Dempo1 · 25-05-2022 9:10pm

https://www.boards.ie/discussion/comment/119114279#Comment_119114279

I've personally not said Belgard purchased the Debt but it's likely the Debt was purchased by Cabot , both jointly feature across this and other sites and work very closely in pursuit of Debts.

You are correct that deals can be done whilst an option , OP may not wish to acknowledge debt or perhaps don't have the resources to do a deal . It's not clear who owns the Debt now, that may show on credit report and on letters from Belgard who don't purchase Debts as far as I'm aware but I'd wager it is no longer the financial institution who arranged the car finance initially.

Belgard solicitor Central credit re

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