Cabot and Belgard solicitors

chrisvectra25

Got a letter from Cabot saying I owed €165 from an MNBA card I cleared 10 years ago. I rang them straight away and after a lot of arguing they said that they would raise a query with avant Card (formerly Mnba). They never came back to me.

Today I get a letter from Belgard Solicitors saying if I don't pay in seven days they will take me to court. Saying I never provided proof of payment as per first call (this was never mentioned in first call!) I would not still have proof of payment as it was 10 years ago.

They said they would request a statement but it would be €2.50 a page and couldn't tell me how many pages! I declined because if I agreed then they could charge me whatever they wanted for the statement!

I said they could take me to court and I would happily tell a judge that after 10 years of no contact they try to get me to pay money that I am sure I don't owe. And that they cannot tell me what it is owed for!

Anyone have this trouble and how did you put an end to it?

P. Breathnach

Even if there had been an uncleared balance on the account, after more than six years with no contact it should be statute-barred.

delahuntv

Cabot & Belgard are one of the same and in the same building. Just different desks.

cabot do the initial collection and belgard do any actual leagl work.

But as above, its statute barred and they cannot legally take a case against you.

I woudl suggest you put in writing that you have no debt and you have paid up in full and that there has been no contact for 10 years and hence you could safely assume that no balance exists.

daheff

OP- firstly I'd cease all discussions with the solicitors. Deal only with MBNA/Avantcard.

As P.Breathnach says the age of the outstanding invoice is concerning and is more than likely statute barred (somebody might be able to link something to confirm this).

do you remember how you paid off your debt? Was it by credit card or by cheque or other? Is there any way you could approach the provider to see if they still have a record of your payment? (they probably wont as its so old.)

Melendez

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P. Breathnach

daheff wrote: »

... As P.Breathnach says the age of the outstanding invoice is concerning and is more than likely statute barred (somebody might be able to link something to confirm this)....

Links:
The actual legislation: http://www.irishstatutebook.ie/1957/en/act/pub/0006/index.html
For those who do not have the mindset for legalese: http://www.lynchsolicitors.ie/news/statute-of-limitations-legal-time-limits/

chrisvectra25

Thanks for the replies. At the first phone call I made I a call to avant card who said they could not deal with me as the matter was passed to Cabot and no longer anything to do with them.

I paid it using the bill in my bank at the time. Unfortunately I changed banks about 8 years ago so no longer deal with the bank I paid it in either. I know which branch I did it in but don't think there would be any records with the bank now as account is closed 8 years.

I'm so indignant as I know I cleared it.

Once again thanks for all the advice.

daheff

chrisvectra25 wrote: »

Thanks for the replies. At the first phone call I made I a call to avant card who said they could not deal with me as the matter was passed to Cabot and no longer anything to do with them.

I paid it using the bill in my bank at the time. Unfortunately I changed banks about 8 years ago so no longer deal with the bank I paid it in either. I know which branch I did it in but don't think there would be any records with the bank now as account is closed 8 years.

I'm so indignant as I know I cleared it.

Once again thanks for all the advice.

You have no contract at all with Cabot. So if Avant Card wont talk with you then thats their issue. You dont have to talk with the solicitors, only Avantcard.

But i wouldnt really worry about it as its so old.

Happyman42

daheff wrote: »

You have no contract at all with Cabot. So if Avant Card wont talk with you then thats their issue. You dont have to talk with the solicitors, only Avantcard.

But i wouldnt really worry about it as its so old.

Are you saying that if he/she refuses to talk with Cabot and Belgard then this will just go away? Is that good advice?

delahuntv

daheff wrote: »

You have no contract at all with Cabot. So if Avant Card wont talk with you then thats their issue. You dont have to talk with the solicitors, only Avantcard.

But i wouldnt really worry about it as its so old.

That's very poor advice. Terms and conditions of every loan/credit card I've ever had will always have a conditions stating that the loan can be sold or passed on to a 3rd party.

To the OP, your old bank will have records and would be fairly easy to look up - contact them if you wish, but as above, the debt is statute barred. I would check credit rating just to be sure, (its €6.35 to do so), but even then, any record on that is probably gone too.

daheff

Happyman42 wrote: »

Are you saying that if he/she refuses to talk with Cabot and Belgard then this will just go away? Is that good advice?

Nope not saying that at all. What I am saying is that the OP has no contract with the debt collector and should only deal with MBNA/Avantcard.

delahuntv wrote: »

That's very poor advice. Terms and conditions of every loan/credit card I've ever had will always have a conditions stating that the loan can be sold or passed on to a 3rd party.

To the OP, your old bank will have records and would be fairly easy to look up - contact them if you wish, but as above, the debt is statute barred. I would check credit rating just to be sure, (its €6.35 to do so), but even then, any record on that is probably gone too.

T&Cs would say that, but you still have the contract with the original provider and should deal with them only. That would be standard advice to somebody in this situation. Any repayments should be made to the contracting company and not the debt collectors.

Melendez

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chrisvectra25

As it's so long ago I cannot remember the full details except for being positive I cleared it.

When asking the guy in Cabot what it was for he said it was probably stamp duty that had been accruing interest.

I am positive that they (MBNA) have not sent me any letters. I do agree it is not usual for a credit card company to be shy in sending letters looking for money but am sure I haven't had any.

Guy:Incognito

delahuntv wrote: »

That's very poor advice. Terms and conditions of every loan/credit card I've ever had will always have a conditions stating that the loan can be sold or passed on to a 3rd party.
.

Do they specify that only the lender can sell it on? Could you tell them you sold your debt to them to a homeless lad in Tipperary?

beego

Hi just looking for some advice. Having terrible trouble with Cabot financial and belgard solicitors. Agreed a payment plan with a different debt collection agency who came looking for me over a Ulster Bank loan from 10 years ago last June.

Agreed a payment plan with this company and set up a standing order for agreed amount. Payments met in full on a fortnightly basis ever since to clear the loan.

Two months ago started getting letters and phone calls on a near daily basis from Cabot financial stating I was in default of loan and if payment was not paid in full with in 14 days court proceedings and legal action would be taken against me.

I emailed them and told them I have have being paying as agreed with the debt collection company I was dealing with and all payments have been met in full and I wished no further contact with them as my contract was with a different debt company.

Last week I received a letter off belgard solicitors saying that no payments have been received and court proceedings were being issued against me for the full amount of the loan even though monthly payments are coming out every month to pay it off. I rang belgard solicitors and asked what was going on I had no correspondence to say Cabot had taken over the account and as far as I was aware my contract was with the original debt company who I am paying. I also said even though I was in contact with Cabot and explained payments were being met and to detest from harassing me the letters and phone calls still persist.

To cut long story short she sent out a income form and new standing order details for me to fill out which I duly did. So a new standing order to Cabot was set up with my bank for fortnightly payments which has commenced and money has been taken out .

This morning I received another belgard solicitor letter saying I was not paying and court proceedings are being issued. I am at the end of my tether any advice or information what I can do would be greatly received.

chrisvectra25

They are the same company. Just different desks. They will have a record of your correspondence.

Fred Swanson

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yosser hughes

Fred Swanson wrote: »

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What is the length of time a debt has to go unpaid for it to be statute barred?
When you say acknowledgement, what exactly does that mean?

Fred Swanson

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keithclancy

yosser hughes wrote: »

What is the length of time a debt has to go unpaid for it to be statute barred?
When you say acknowledgement, what exactly does that mean?

I think the best action is to read it and then use it as fire lighters.

Fred Swanson

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wmpdd3

Its six years from the last payment or the last time you acknowledged the debt

If you DID owe money and you answered a call 7 years later and acknowledged that there is still an amount owing, they clock starts again.

Cabot gave me 4 different amounts owed for my MBNA account.

They lost my paperwork countless times.

Even after the payment plan was set up I was still receiving financial statements to fill out.

When the mess was finally sorted out, they letters never stopped. Also they refused to issue a letter saying the bill was settled, they said only MBNA could do that.

The difference is, in my case there was money owed.

beego

Fred Swanson wrote: »

You have to be very careful with statute barred debts. If you make any acknowledgement or a payment no matter how small, it resets the 6 year clock and makes the debt recoverable in the courts.

You are best to write to them and tell them the debt is denied and is statute barred. Put them on notice they will be liable to costs if they proceed to court.

There is a thriving business in the UK/Ireland in buying very old statute barred debts for peanuts and then trying to get a payment or acknowledgement on.

Thanks Fred much appreciated.

delahuntv

On staute barred - once there has been no contact for a period of 6 years in relation to the debt, it is then staute barred. There is no way to have this "unbarred" After 6years and one day from last contact, you can shout from the rooftops that you used to owe the money an they can do absolutley nothign about it.

However if it was 5 years and 364 days and on the 365th day they contacted you, then the 6 year period starts again, but once 6 years is gone, its gone. It cannot under any circumstances (except High Court) be "reset".

Fred Swanson

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Fred Swanson

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slimjimmc

Fred Swanson wrote: »

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Surely any debt is no longer statute barred since he has already acknowledged it by setting up a standing order to Cabot and making actual payments?

Fred Swanson

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delahuntv

There's always confusion on Statute barred.

It doesn't mean you don't owe the debt and it can stay on the company's records and if it's a financial institution they can log details on your credit record.

It does mean that after 6 years of no contact, or non admittance legal action cannot be commenced to enforce the debt.

But they can still contact you and ask for payment, however if you tell them you do not intend to pay or claim that you do not owe it and will contest any legal threat with a Statute barred defence, they should stop contact. But unless you get the debt wiped it can stay on their records.

Jayop

These type of fearmongering solicitors and debt collectors are the scum of the earth.

I can't help with the problems, but that's my view.

beego

Cheers for the replys. Much appreciated.