Belgard solicitors district court claim

pookie1234

Hi there,
Would really appreciate it if anyone could shed some light on this issue as to best way to approach this.

Got registered letter for district claim notice from Belgard solicitors in respect of Cabot asset purchases Ireland. I've 28 days to dispute the claim and defend proceedings or otherwise I apparently will be held to have admitted the claim.

Should it go to court Cabot are going to rely on a demand letter statement of account and deed of assignment which to my knowledge I can't really recall what I've got from them. I did go to mabs about a year ago after getting one of their letters. After mabs I told them of my situation, illness payment, and that I wasn't in a position currently to make any payments. I didn't hear from Belgard for a few months and now they're back with this claim notice. The first registered letter I've got from these guys is this claim notice.

I had been making weekly payments to avantcard but then a while back I think I got a phone call from Cabot, I told him I'd been making payments, I suspect now because the direct debit was for avantcard it didn't transfer across so I haven't to my knowledge given Cabot a penny.

Belgard rang me the other day too and when I said i didn't agree to having the conversation recorded and if call him back he got quite irritated and ended the call abruptly.

Would really appreciate some advice.

Atlantic Dawn

Have a look here....
http://www.boards.ie/vbulletin/showthread.php?t=2057635622

alig123aileen

@Pookie 1234 I can help you I have helped people with issues re Cabot/Belgard slurs and particularly MBNA/Avant and Cabot have retreated very swiftly . A few points to note :
Cabot are a vulture fund they buy debts from banks for a % of the value owed.
They have a record of harassing people by phone/letter so you agree a repayment but they will come back a few months later looking for more.
Some of the court notices issued by Cabot/Belgard solicitors do not appear legit but even if they are real all they are is asking you to enter your defence to the allegations you make. I can help you with this and I don't charge my background is financial regulation. Once you have entered your defence the ball is in their court and they are unlikely to proceed with court date until they have addressed all issues.
MBNA/Avant transferred bad debts to Cabot. MBNA/Avant were regulated by the financial regulator. Cabot were not. By transferring your debt to an unregulated entity I believe this was not in accordance with financial regulator rules. Send me a PM if you need help. And please don't worry. There are ways through this.

pookie1234

alig123aileen wrote: »

@Pookie 1234 I can help you I have helped people with issues re Cabot/Belgard slurs and particularly MBNA/Avant and Cabot have retreated very swiftly . A few points to note :
Cabot are a vulture fund they buy debts from banks for a % of the value owed.
They have a record of harassing people by phone/letter so you agree a repayment but they will come back a few months later looking for more.
Some of the court notices issued by Cabot/Belgard solicitors do not appear legit but even if they are real all they are is asking you to enter your defence to the allegations you make. I can help you with this and I don't charge my background is financial regulation. Once you have entered your defence the ball is in their court and they are unlikely to proceed with court date until they have addressed all issues.
MBNA/Avant transferred bad debts to Cabot. MBNA/Avant were regulated by the financial regulator. Cabot were not. By transferring your debt to an unregulated entity I believe this was not in accordance with financial regulator rules. Send me a PM if you need help. And please don't worry. There are ways through this.

Hi alig123aileen

Thank you for your reply. I have sent you a pm , hope I've done it properly ��

pookie1234

Atlantic Dawn wrote: »

Have a look here....
http://www.boards.ie/vbulletin/showthread.php?t=2057635622

Thank you, I'll have a look at this.
Kind regards...

mikeoneilly

I wouldn't get too excited for a start.Any court will take your circumstances into account if it ever goes that far.

Secondly Cabot's game is to get you worried.They will have you spinning like a top if you let them

Are the court documents genuine or facsimile documents and what do you owe?

pookie1234

The claim notice looks legit, going to phone district court tomorrow to check for certain.

pookie1234

pookie1234 wrote: »

Hi alig123aileen

Thank you for your reply. I have sent you a pm , hope I've done it properly ��

Hi alig123aileen,
Many many many thanks for all your help, advice and assistance regarding my query. Your advice was absolutely spot on and I'm only sorry I didn't get in contact with you sooner. I can't thank you enough you really have no idea how much I appreciate your help.
Regards,
Pookie X

Wasphead

Hi Pookie,

Just to let you know I'm going throught the same process with Cabot/Belgard/Avant at the moment and with the help of alig123aileen I've made a complaint to Avantcard. Just got the letter saying they are investigating and will respond soon.

Now look at the worst case scenario for yourself. That will be, you go to court, and the court takes control of how the debt is paid. What that means is Cabot/Belgrad/Avant connot harass you anymore if you stick to the court decision. The court will take into account your means to pay and come up with a figure to give to Cabot/Belgard/Avant. That's the worst that can happen. And even if that figure is too high, you can apply to the court for a variation order to reduce it.

alig123aileen will help you and remember Belgard/Cabot/Avant are absolute scum and you must look at them like that and treat them as they have treated you, with contempt. Get as much as you can in writing, no more phone calls, or tell them you are recording the calls too.

I'll post later regarding a defense in court.

Wasphead.

pookie1234

Hi wasp head,
Thanks for your reply.
I have contacted alig123aileen and was super impressed with the assistance and response I received back from them. Absolute life saver, lovely person to deal with, lots of empathy for my query and extremely supportive. I'm so impressed at the calibre of this individual and the extensive knowledge they have.

Hope your case goes well wasp head, I'll be looking forward to your update
Regards,
Pookie1234

Wasphead

Hi Pookie, I'm in the process of researching ways and means to put forward an arguement for a defense in court should it get there. My situation may differ to yours so I wouldn't be confident in saying your defense should be the same as mine.

If you do go to court, be honest, the truth is the truth. No man, woman or judge can take that from you. If you do decide to defend yourself, that truth is your foundation on which you build a case.

In my case I had Payment Protection Insurance and MBNA/Avant did not honour it.
Secondly they wanted me to submit a Statement of Means. Which I refused to do.
They sold me the PPI on an non-advised basis, which means they do not assess suitability. They also issue the credit card on the same basis, so this is the standard and practice.
So when in default they want you to enter a new contract/arrangement.
I will argue I am entitled to adhere to the standard and practice of non-advisement.
And that to be coerced into a new contract is illegal, and putting unreasonable and unfair obstacles in the way of me repaying the debt is acting in "Bad Faith" regarding my rights within the contract that exsists. The unreasonable and unfairness is them demanding a Statement of Means and insisting the debt is paid off in 5 years, when neither of these applied before.

Now the selling of the debt to a bunch of reprobates is another act of "Bad Faith".
When MBNA/AVANT tell you that they have written the debt off, what I think they mean is they have offset it against their Tax Liability in a given year. (I am of course open to correction on that.) This means your debt has been allowed for in full in order to reduce the tax they are due to pay. This is a direct benefit to them.

They then decide to sell your debt to the unregulated reprobates Cabot/Belgard for a fraction of what they could have recovered from you directly.

They sell the debt to these guys knowing full well they will engage you with threats, intimidation and deception. Dirty work they won't do, because thay are regulated.
This is unfair and unreasonable in the minds of right thinking people and is not a standard and practice in a good faith agreement.

I have to dig deeper in legal terms, as a judge decides on sound legal arguement and Bad Faith and Good Faith are 50/50 in legal terms. They exist in law, but are open to interpretation. I'll be damned if I don't go down without a fight!!!

Bigmamma13

Hi
I'm my other half is aving a problem with Belgard at the min... Debt for loan unpaid... Cud do with advice on how to deal with these.. Any Pm of advice welcomed

Wasphead

Hi Bigmamma13,

If you PM alig123aileen, she will give you some good advice and reassurance. I can't recommmend her enough. Cabot/Belgard are the worst of the worst. But have no fear of them.
As you may have read above, worst case scenario is the court takes control of how the debt is paid. The court will take into consideration your other halfs means/ability to pay.

wasphead

mikeoneilly

Bigmamma13 wrote: »

Hi
I'm my other half is aving a problem with Belgard at the min... Debt for loan unpaid... Cud do with advice on how to deal with these.. Any Pm of advice welcomed

What type of loan?

Ask for a copy of the loan agreement to confirm they have same.

Belgards bark is much bigger than their bite as the old saying goes

Bigmamma13

Wasphead wrote: »

Hi Bigmamma13,

If you PM alig123aileen, she will give you some good advice and reassurance. I can't recommmend her enough. Cabot/Belgard are the worst of the worst. But have no fear of them.
As you may have read above, worst case scenario is the court takes control of how the debt is paid. The court will take into consideration your other halfs means/ability to pay.

wasphead

@wasphead
I av pmd alig123aileen twice . No reply as of yet

Bigmamma13

mikeoneilly wrote: »

What type of loan?

Ask for a copy of the loan agreement to confirm they have same.

Belgards bark is much bigger than their bite as the old saying goes

Hire purchase /finance for a vehicle back in 2005....Vehicle was repossessed back then and sold... Belgard are looking €8,000 now or threatening court ...

Wasphead

Bigmamma13 wrote: »

Hire purchase /finance for a vehicle back in 2005....Vehicle was repossessed back then and sold... Belgard are looking €8,000 now or threatening court ...

Look into it being statute barred. 2005 is well over 6 years. Unless you've acknowledged the debt recently. Your defense in court would be statute barred.

Bigmamma13

Wasphead wrote: »

Look into it being statute barred. 2005 is well over 6 years. Unless you've acknowledged the debt recently. Your defense in court would be statute barred.

debt was acknowledged

Antamon1

Dear ailg123aileen, I would really appreciate if you could give me some advice regarding Cabot/Belgard. I'm new to this board and tried to send you a personal message but I'm not sure if it went through. thank you so much in advance!

Bigmamma13

@alig123aileen
I pmd u too not sure are you getn my posts too

alig123aileen

Bigmamma13 wrote: »

@alig123aileen
I pmd u too not sure are you getn my posts too

Hi there got your PM and have replied. Happy to help. No one should have to worry about debt:)

forget it

Hi, I tried to pm alig 123 aileen but it won't send? Could anyone let me know if there's a way to contact them? Please and thank you.

noel.t

Any updates or advice?

Hi I have read a lot of your posts and wondering could any of you help me. I got a claim notice from Cabot yesterday it?s for a debt with mbna going back to 2007 for 12k

I havent dealt with them since 2014 on this.

I dont mind actually going to court to fight this as I know they pay pennies for the loan. However I?m not sure what next step to take?

If you have any advice I would greatly appreciate it

Thanks