The Wonderful Cabot/Belgard

Wasphead

Hi, recently recieved a Claim Notice from Belgard Solicitors acting on behalf of Cabot. I've checked it out witht the District Court and it is legitimate. Now I intend to defend the claim as I have made offers of payment and they don't want to take my money, they want me to fill out a Statement of Means form. I'm refusing to do that on the ground of no trust/faith in them.

Now here's the thing. Avantcard sent me a notice of assignment having sold to Cabot, and Cabot sent me a "Welcome to Cabot" declaring their purchase. I made the offer, (the same offer I made to MBNA (The credit Card company) over 5 years ago.) and they (Cabot) send me a letter back telling me to fill out the Statement of Means form, and I quote, (Upon receipt of the completed statement of means we will forward it to our client for their consideration and we will revert to you the outcome.)

So who the hell owns the debt?

For the record I had PPI on my credit card for 13 years, when I got into difficulty (Defaulted) paying the credit card I asked to make a claim on the PPI and was told that because I am self employed I would have to be bankrupt to make a valid claim. I disputed this and said I was missold PPI and asked for my premiums back to offset against the debt owed. You can guess where that got me. Anyway MBNA sold my debt to Avantcard, I made complaints to the FSOB about the misselling of PPI by MBNA/Avantcard to no avail because the FSOB can only investigate back 6 years. Avant have said they sold the debt to Cabot but Cabot tell me they will forward to their client for consideration. Confused or what? Belgard Solicitors taking me to court apparently.

The only good thing about going to court is they will have to accept whatever the Judge decides (so will I by the way) so this takes control of the debt away from Avant or Cabot or whomever the hell owns the debt. They will have to take my money then won't they? As it stands all three companies have refused to take my money when you distil it down to the bare facts. Any advice or comments (Good and Bad) are welcome.

Fred Swanson

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Wasphead

Cabot Asset Purchases (Ireland) Limited.

Fred Swanson

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Wasphead

Why would they tell me they will they will forward it to their client? Would that not be acting in bad faith?

Fred Swanson

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Wasphead

Cabot stated this, not Belgard.

yosser hughes

How much/ what percentage have you previously offered them?

Wasphead

Around 20% in a short settlement and around 60% on a monthly payment over a 60 month period dictated by Avantcard. I offered tha same monthly payment to Cabot assuming they would go beyond 60 months.

yosser hughes

Wasphead wrote: »

Around 20% in a short settlement and around 60% on a monthly payment over a 60 month period dictated by Avantcard. I offered tha same monthly payment to Cabot assuming they would go beyond 60 months.

So altogether 80% ? I'm surprised they weren't willing to play ball. Then again if you don't give them statement of income,they may suspect you have more to give?

Fred Swanson

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Wasphead

Sorry, that was either 20% of the total in short settlement OR 60% of what Avantcard wanted from me over 60 months. The reality is I probably have less as I've just come out of an arrangement with my mortgage crowd and I'm now paying full mortgage payments.

yosser hughes

Wasphead wrote: »

Sorry, that was either 20% of the total in short settlement OR 60% of what Avantcard wanted from me over 60 months. The reality is I probably have less as I've just come out of an arrangement with my mortgage crowd and I'm now paying full mortgage payments.

Right! Well they will not settle for 20% without a statement of means. They just won't.

Wasphead

OK. Then it looks suspicious. If they have issued a claim in the court, they will need to provide the court with evidence that it does indeed have ownership of the debt and thus locus standi to bring a claim against you.

It certainly set off my radar regarding fair mindedness.

Wasphead

yosser hughes wrote: »

Right! Well they will not settle for 20% without a statement of means. They just won't.

I've just read their statement of means form and it looks very much like a new contract to me.
I sure a hell ain't interested in starting a new contract with them!

Fred Swanson

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Wasphead

I've been wondering should I go for a Debt relief notice. Has anyone got experience of this?

alig123aileen

Wasphead I have replied privately to your message to me. Thanks

Wasphead

Hi alig123aileen, I've sent you a PM and and E-mail.

Wasphead

The story so far is I'm waiting for Cabot to seek a date from the courts. In the meantime I've complained to Avantcard about selling my debt to an unregulated entity Cabot Financial. They've responded with a "Sling yer Hook" letter, we can do what we like with your debt. It says so in our terms and conditions! I've written back seeking further clarification. Depending on their response I'll complain them to the FSO, the Data Commisioner, and Belgard to the Law Society. Should be fun!!!

alig123aileen

Wasphead wrote: »

The story so far is I'm waiting for Cabot to seek a date from the courts. In the meantime I've complained to Avantcard about selling my debt to an unregulated entity Cabot Financial. They've responded with a "Sling yer Hook" letter, we can do what we like with your debt. It says so in our terms and conditions! I've written back seeking further clarification. Depending on their response I'll complain them to the FSO, the Data Commisioner, and Belgard to the Law Society. Should be fun!!!

Wasaphead the real sign that you have been successful is if the harassment and debt letters stop. One thing I have learnt with banks and debt collection companies/solicitors is that they will defend themselves in a letter to you to the hilt but in almost every case they will quietly drop harassing you or writing to you re the debt. I sincerely hope you get the outcome you want.